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Condo vs. Apartment: Which Balcony Inspection Law Applies in California?



California's commitment to balcony safety is evident in its legislation, but deciphering which specific laws apply to your property can be tricky. Are you bound by SB 326 or SB 721?  Understanding this distinction is crucial for ensuring proper balcony inspections and avoiding potential penalties. Let's unravel the key factors that determine which law governs your property and how EEEadvisor can guide you toward compliance.


Is My Property a Condominium or Multi-Family Dwelling?

The primary distinction lies in the type of property you own or manage.

  • Condominiums:  If your property is a condominium association, regardless of the number of units, SB 326 is the law you need to follow. This law mandates inspections of load-bearing components and associated waterproofing elements on Exterior Elevated Elements (EEEs) like balconies, decks, and walkways.

  • Multi-Family Dwellings:  If your property is a multi-family dwelling with three or more attached units, but it's not a condominium, SB 721 is the relevant law. This law also focuses on the inspection of EEEs, but its scope and timelines may differ slightly from SB 326.


When Was My Building Permit Submitted?

For multi-family dwellings, the date your building permit was submitted plays a role in determining which law applies.

  • On or Before January 1, 2019: If your permit was submitted on or before this date, your property falls under SB 721.

  • After January 1, 2019: If your permit was submitted after this date, your property may be exempt from the initial inspection deadlines of SB 721, but it will still be subject to the periodic inspection requirements outlined in the law.


What if I'm Still Unsure?

If you're still uncertain about which law applies to your property, don't hesitate to seek professional guidance. A qualified inspector or consultant, like those at EEEadvisor, can assess your property's specifics and provide clarity on the applicable regulations.


Understanding the Inspection Requirements

Once you know which law applies to your property, it's essential to understand the specific inspection requirements:

  • SB 326:

    • Initial inspection deadlines vary depending on the building's age and the date of any previous inspections.

    • Subsequent inspections are generally required every nine years.

    • Inspections must be conducted by a qualified professional, such as a licensed architect or engineer.

  • SB 721:

    • The initial inspection deadline for most properties was January 1, 2025.

    • Subsequent inspections are required every six years for wood-framed EEEs and every nine years for non-wood framed EEEs.

    • Inspections must be conducted by a qualified professional.


The Importance of Compliance

Regardless of which law applies to your property, compliance with inspection requirements is crucial. Failure to comply can lead to:

  • Fines and penalties

  • Legal liability in case of accidents

  • Decreased property value


By staying on top of inspections and addressing any identified issues, you can ensure the safety of your residents, protect your investment, and avoid potential legal complications.


EEEadvisor: Your Partner in Compliance

Navigating the complexities of California's balcony inspection laws can be overwhelming. That's where EEEadvisor comes in. Our team of expert engineers and inspectors can guide you through the process, ensuring your property meets all the necessary requirements, regardless of whether SB 326 or SB 721 applies.

We offer comprehensive inspection services, detailed reports, and expert guidance on repairs and maintenance. Let us help you navigate the legal landscape and ensure the safety and compliance of your property.


Remember:

  • Understanding which law applies to your property is the first step towards compliance.

  • Don't hesitate to seek professional guidance if you're unsure.

  • Prioritize safety and proactive maintenance to protect your investment and your residents.

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