SB 721 and SB 326 Guide for Property Owners

In California, two major regulations—SB 721 and SB 326—aim to improve the safety and structural integrity of decks, balconies, and other elevated elements in residential properties. These laws establish specific inspection requirements, timelines, and responsibilities for property owners and managers. While both seek to prevent accidents and enhance safety, they apply to different types of properties and have unique compliance mandates. Here’s a breakdown of SB 721 and SB 326 distinctions to help property owners navigate their obligations.

Property Types: Who Is Covered by SB 721 vs. SB 326?

SB 721, enacted in 2018, targets rental properties with three or more units. Its primary focus is residential buildings where tenants rely on landlords to maintain safe living environments. The law applies to exterior elevated elements such as decks, balconies, stairways, and walkways, requiring landlords to assess and maintain the structural integrity of these areas regularly.

In contrast, SB 326 applies exclusively to condominiums and multi-unit residential buildings governed by homeowners associations (HOAs). This law was enacted in 2019 to address similar structural safety concerns in owner-occupied multifamily dwellings. Like SB 721, it mandates inspection of load-bearing components and waterproofing systems, but it focuses on properties under HOA management rather than rental units.

If you own or manage a rental property with three or more units, SB 721 mandates apply. For condominiums or HOA-governed multifamily dwellings, SB 326 is the applicable regulation. Understanding these distinctions is crucial for ensuring compliance with the correct regulation based on your property type.

Inspection Timelines and Frequency

SB 721 and SB 326 require regular inspections but have different timelines for compliance. Under SB 721, inspections must be conducted every six years, beginning no later than January 1, 2025. This schedule allows landlords to plan and budget for routine inspections, ensuring timely maintenance of exterior structures.

SB 326, on the other hand, requires inspections every nine years, with the initial inspection deadline set for January 1, 2025. This slightly longer interval acknowledges the role of HOAs in managing and maintaining the building, providing flexibility for associations to arrange inspections that align with their maintenance schedules and budgets.

Despite these timeline differences, both laws emphasize proactive maintenance to prevent structural failures. Property owners and managers must keep up with these inspection intervals to avoid penalties and ensure resident safety.

Inspection Requirements: What Do SB 721 and SB 326 Cover?

While SB 721 and SB 326 inspections focus on elevated exterior elements, the inspection process differs. SB 721 mandates that inspections be conducted by a qualified professional, such as a licensed architect, engineer, or certified building inspector, who evaluates the structural integrity of load-bearing components like beams, joists, and connectors. The inspection must also identify signs of water intrusion or rot, which can compromise the deck’s stability.

SB 326 shares similar inspection requirements but adds a layer of oversight. Under SB 326, inspectors must document visible and concealed areas of elevated structures, ensuring a comprehensive assessment of each element’s condition. HOAs must also keep inspection records for future reference, making tracking maintenance history easier and addressing emerging issues.

Responsibilities of Property Owners and Managers

For properties covered by SB 721, landlords are responsible for scheduling inspections, addressing any repairs, and maintaining compliance records. Since SB 721 focuses on rental properties, landlords are responsible for adhering to inspection timelines and implementing recommended repairs to prevent tenant safety risks.

Under SB 326, HOAs are responsible for arranging inspections and ensuring the safety of common areas. However, individual condo owners may need to coordinate with the HOA to ensure that inspections also cover their specific units. HOAs must also budget for repairs and communicate inspection findings to residents, adding an administrative aspect to compliance.

Staying Compliant with SB 721 and SB 326

Navigating the requirements of SB 721 and SB 326 may seem complex, but understanding the specific obligations of each regulation helps property owners stay compliant and avoid potential penalties. Regular inspections under these laws protect residents and safeguard property values by preventing costly structural failures. If you’re uncertain about your obligations under these regulations, consider consulting a certified deck inspection company to ensure you meet California’s safety standards for elevated structures.

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