Frequently Asked Questions (FAQs)

What qualifies as an “Exterior Elevated Element”?

Any balcony, deck, exterior stairway, landing, or similar wood-framed element supported by wood framing attached to or to a multifamily residential building and over six feet above ground.

What is the purpose of these inspections?

The purpose of these inspections is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous conditions caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.

Who can perform the inspections?

SB 326: Licensed structural engineer or architect
SB 721: Licensed architect, structural engineer, or qualified contractor (B/C-5)

What happens if safety issues are identified?

• If an inspector finds that an EEE poses an immediate hazard, the area must be restricted from use, and corrective repairs are required promptly.
• SB 326 Condos – The bill requires the inspector to provide a copy of the inspection report to the home owners association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report, if, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants.
• SB 721 Multifamily - The bill requires that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the building within 15 days and emergency repairs be undertaken immediately, as specified, with notice given to the local enforcement agency. The nonemergency repairs made under these provisions would be required to be completed within 120 days, unless an extension is granted by the local authorities.

What documentation is required?

• A written inspection report must be completed and retained. For HOAs (SB 326), findings must be incorporated into the association’s reserve study.
• The written report must be submitted with building permit applications with all applicable and required plans and details.

Do these laws apply to single-family homes or duplexes?

No, SB 326 and SB 721 apply only to condominiums (HOAs) and multifamily buildings with 3 or more units.

Will the City Red Tag my property?

It is very rare that a property would be considered unsafe to occupy (red tagged). There have been occurrences where the compromised EEE is the main point of entry and egress to a dwelling unit. In this case, the affected units would be considered for red tags.

• “Red Tagging”, is the procedure of physically posting a red colored notice of “Unsafe to Occupy” at the entry points of structures, individual units, or equipment determined as hazardous or are otherwise dangerous to human life or the public welfare. California Building Code §116.