SB 721 - Frequently Asked Questions
What is Senate Bill 721?
SB 721 was signed into law in CA in 2018 after a balcony collapsed in Berkeley, CA, killing 6 people and injuring 7. The building was 10 years old and the collapse was found to be caused by dry rot and moisture damage. The Bill, codified in California Health & Safety Code §17973, mandates inspections for buildings with 3+ units, when exterior elevated elements (EEEs) are wood-framed and higher than 6+ ft.
What Is An Exterior Elevated Element (EEE)?
“Exterior elevated element means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways... that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level...rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element.”- CA Health & Safety Code §17973
What properties does SB 721 apply to?
Do the building/s on your property have 3 or more multi-family dwelling units per building?
Is your building designed for human occupancy & use, has wood-framed exterior elevated elements (balconies, landings, walkways, etc.) and the EEE’s are higher than 6+ ft?
If you answered YES to these two questions, then give us a call to discuss your SB 721 inspection that is required to comply with California Law.
What properties does SB 721 *NOT apply to?
Single- family homes & duplexes
Common interest developments (e.g., condominiums & cooperatives)
Commercial buildings with 2 or fewer dwelling units
Hotel and Motels- *unless they have permanent residential units, i.e. certain extended-stay hotels.
When do I need to have my SB 721 Inspection completed?
The deadline for receiving an inspection was extended by the Governor on 9/30/24 from January 1st, 2025 to January 1st, 2026. It was amended under Assembly Bill 2579: Inspections: Exterior Elevated Elements.
*Call us to take advantage of the extension opportunity and book your EEE Site Evaluation.
Is the law applied the same across California or even within the County of San Diego?
“(o) The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section. “ - CA Health & Safety Code § 17973
Each jurisdiction has the ability to implement stricter requirements than the law suggests. It is important you work with an Inspector & Code Specialist who has local knowledge of what each building department position is on their unique understanding & interpretation of SB 721 and CA Health & Safety Code § 17973. Many building departments interpret the inspection component of CA Health & Safety Code § 17973 in a similar way. Where it gets tricky is: *Each building department has its own interpretation of the repair requirements. In San Diego County alone, there are 18 incorporated cities with 18 building departments and each has its own interpretation of the repair requirements. We are aware of the differences and this information is of critical importance to your unique property, safety of your tenants & your wallet.
What are the common causes of structural framing damage in Exterior Elevated Elements (EEEs)?
Dry rot - Dry rot, scientifically known as Serpula lacrymans, is a type of fungi that primarily affects damp or poorly ventilated areas. It feeds on wood and can quickly spread, causing significant damage to the structure. Dry rot thrives in environments with moisture content between 20% and 30% (e.g. the underside of elevated walkways that are wrapped in stucco, with no ventilation system).
Wet Rot- Wet rot refers to the decay of wood caused by different species of fungi. It occurs when the wood is exposed to excessive moisture for extended periods. Unlike dry rot, wet rot is less aggressive and typically limited to the area where moisture is present. Unlike dry rot, wet rot does not produce fruiting bodies that disperse spores beyond the wet area.
The waterproofing system was improperly installed
The waterproofing system lifespan has expired (expected lifespan is 7-10 years on average)
Flexible subfloor caused premature deterioration of the waterproof system
Termite damage
What are the most common signs of damage to my Exterior Elevated Elements (EEEs)?
Visible staining on walls and ceilings below the EEE
Visible cracks in the walking surface of the EEE
Discoloration (rust) of metal flashing
Mold growing on stucco below the level of the EEE
Your handrails are loose and don’t feel stable
What does the SB 721 Inspection require by California law?
“(c) The inspection required by this section shall at a minimum include:
(1) Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants.
(2) Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements identified in paragraph (1) using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.
(3) The evaluation and assessment shall address each of the following as of the date of the evaluation:
(A) The current condition of the exterior elevated elements.
(B) Expectations of future performance and projected service life.
(C) Recommendations of any further inspection necessary.” - CA Health & Safety Code § 17973
What do I do if Immediate Action (Emergency Repairs) is Required?
“(h)(1)An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency.” CA Health & Safety Code § 17973
If the inspection reveals issues that require immediate action, the inspector must notify the building owner and local building department within 15 days of the inspection.
If an inspection reveals that repairs are required, the owner has 120 days to obtain a building permit for the needed repairs and an additional 120 days to make necessary repairs after the permit is issued.
What do I do if General Repairs are Required?
*These repairs include anything that cannot be cured by maintenance but do not currently represent a threat to safety.
If an inspection reveals that repairs are required, the owner has 120 days to obtain a building permit for the needed repairs and an additional 120 days to make the necessary repairs after the permit is issued. There is a 60 day grace period on top of the 120 days for repairs that do not pose an immediate danger but are classified as a potential risk.
If the repairs are not completed within 180 days, the local building department will get involved further. They can file a safety lien against the property and daily penalties will be assessed.
Where are the 15 day immediate action emergency notices sent?
Each jurisdiction either requests they be sent to the head building official, building department staff or code enforcement. EEE Consulting understands each city’s preference and its potential impact on your property.
Who levies fines for non-compliance under SB 721 guidelines?
Local jurisdictions (either the county and/or city) have the freedom to set their own fines for non-compliance between $100-500 per day per building.
“If the owner of the building does not comply with the repair requirements within 180 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency.” - California Health & Safety Code § 17973