CA SB 721 vs 326 – Which One Applies to Me?

Whether you have clients who buy multifamily dwellings or you’re an investor, we’re here to answer your questions about California Senate Bills 721 and 326!

When will these laws go into effect?

Although Senate Bill  721 was passed September 17, 2018 and Senate Bill 26 was passed August 30, 2019, both laws go into effect January 1, 2025 — with a deadline for all inspections to be completed by January 1, 2025.

How did SB 721 and SB 326 come about?

Both bills attempted to address the same issue after a tragedy in 2015 when a Berkeley balcony collapsed. The purpose of the inspection is to ensure all exterior elevated elements (EEEs) are safe and meet building standards. An SB 721 or 326 inspection would identify hazardous conditions due to fungus, deterioration, decay, et cetera. Only wood and wood-based fall under this law. This means that these laws do not apply to EEEs constructed with cement or steel as the support.

Are California Senate Bills 721 and 326 basically the same thing?

Yes and no. SB 721 applies to apartment owners. SB 326 applies to HOAs. There are several other differences between the two bills.

Can the EEE inspector do the necessary repairs?

No. SB 721 states: “No recommended repair shall be performed by a licensed contractor serving as the inspector.”

How often must the inspection be done?

SB 721 for apartment owners requires that the building be inspected every six years. SB 326 requires the HOA get the building inspected every nine years.

How long must a building’s inspection reports be kept?

You are required to save all reports for “not less than two inspections cycles.”

Is there anything else required after the repairs are completed?

SB 721 Section 2.2 (a) m. does refer to a follow-up inspection: “A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed…”

SB 326   “… until repairs have been inspected and approved by the local enforcement agency.”

In summary, SB 721 for apartment owners requires their inspector to return and verify repairs were properly completed but SB 326 requires the repair verification to be done by the local enforcement agency.

Do you have more questions on EEEs? Feel free to reply to this email! Or we’d love to talk with you by phone. Ask for Cecilia.

Alliance Inspections is fully qualified to conduct EEE inspections for both SB 721 and SB 326!

Call us for your next deck, balcony, stairway or elevated walkway inspection!

Posted in Qualified RE Inspectors.