California Senate Bill 721: A Comprehensive Guide for Building Professionals

California Senate Bill 721 (SB-721) is a pivotal moment in building safety legislation. This law emerged as a direct response to an increasing number of structural failures involving balconies, decks, stairs, and other exterior elevated elements (EEEs) in multi-family dwellings. The tragic 2015 Berkeley balcony collapse, which resulted in the fatalities and injuries of young college students, brought this issue into sharp focus. California took a decisive stance, enacting SB-721 to prevent future catastrophes and ensure the well-being of residents throughout the state.

This legislation mandates regular inspections and rigorous maintenance protocols for EEEs in multi-unit residential buildings. SB-721 recognizes that while building codes offer broad safety standards, they may fail to address the specific long-term vulnerabilities inherent in balconies and similar structures. By establishing inspection schedules, reporting requirements, and timelines for repairs, SB-721 sets a new benchmark for safeguarding these elements and, ultimately, the lives of those who use them.

Understanding SB-721

California Senate Bill 721 (SB-721) establishes a clear framework for regular inspections, outlining the specific structures covered, inspector qualifications, and the importance of maintaining independence to ensure unbiased assessments.

Key Points to Understand:

What it Covers

SB-721 mandates regular inspections and maintenance of EEEs in multi-family residential buildings (3+ units) with wood-framed structures. EEEs include balconies, decks, porches, stairs, walkways, and associated waterproofing systems, all located at least six feet above ground level.

Inspections

Every six years, a qualified inspector must visually assess at least 15% of each type of EEE. The first round of SB-721 inspections had a compliance deadline of January 1, 2025.

Inspector Qualifications

To conduct SB-721 inspections, individuals must hold one of the following credentials:

• Licensed architect
• Licensed engineer
• Licensed general contractor (Class A, B, or C-5 with at least 5 years of experience)
• Certified building inspector or building official

Importance of Independence

The local jurisdiction cannot employ the inspector and cannot be the person or entity performing any necessary repairs. This ensures objectivity and avoids conflicts of interest.

SB-721's Impact on Building Professionals

Building Owners

Senate Bill 721 places a significant responsibility on building owners of multi-family dwellings. No longer is it sufficient to rely solely on general upkeep; SB-721 mandates proactive action. This includes scheduling regular inspections by qualified professionals, implementing necessary repairs according to strict timelines, and ensuring continuous exterior elevated elements (EEEs) maintenance. Failure to comply can have severe consequences, exposing building owners to substantial financial penalties and potential legal liabilities. Understanding SB-721's requirements is not optional – it's essential.

Let's break down the key areas of impact:

• Primary Responsibility 
  Hold primary responsibility for arranging SB-721 inspections, implementing repairs within specified timeframes, and ensuring ongoing maintenance.
• Timely Remediation
  Repairs are categorized based on safety hazards:
  • Immediate threats: 120 days to apply for permits, another 120 days to complete repairs
  • Non-immediate threats: 120 days to apply for permits, followed by 120 days to complete repairs after permits are issued.
• Penalties
  Non-compliance can lead to significant fines (up to $500/day) and possible liens.

Architects & Engineers

California Senate Bill 721 places a higher standard on architects and engineers involved in designing and retrofitting exterior elevated elements (EEEs) in multi-family buildings. SB-721 prioritizes safety and longevity; designs can no longer focus solely on structural loads and aesthetic considerations. Architects and engineers must now meticulously address waterproofing, moisture intrusion prevention, and long-term durability throughout the design process. Detailing and material selection are pivotal in ensuring that EEEs remain safe and functional for their intended lifespan and that maintenance can be conducted effectively.

In essence, SB-721 calls for a design approach focused on minimizing risks, anticipating potential problems, and creating resilient structures to the elements and the passage of time.

Product Manufacturers

Senate Bill 721 has reshaped the landscape for manufacturers of building products for use in exterior elevated elements (EEEs).  The law places a heightened emphasis on product performance, demanding that materials not only meet structural requirements but also exhibit superior moisture resistance to prevent long-term degradation.  Additionally, manufacturers must provide clear and detailed installation instructions that prioritize proper waterproofing techniques.

In this new compliance-driven market, those focusing on product longevity and offering comprehensive maintenance recommendations to their clients will gain a competitive edge. SB-721 emphasizes the importance of lasting performance—products that reduce the need for costly repairs and replacements will be favored by building owners and contractors alike.

Qualified Inspectors

Qualified inspectors stand at the front line of SB-721 compliance, playing a vital role in ensuring the safety of multi-family buildings. Their meticulous visual examinations and comprehensive reporting are essential to identifying potential hazards and guiding necessary repairs. The ability to accurately assess the condition of exterior elevated elements (EEEs) is paramount; inspectors' detailed reports form the foundation of a building's long-term maintenance plan.

SB-721 underscores the importance of clear documentation. In addition to identifying problems, inspection reports must accurately establish a baseline for comparison in future assessments. Inspectors shoulder a responsibility to building owners, communicating the true state of EEEs in a manner that facilitates timely and effective decision-making.

SB-721: The Inspection Process

To comply with SB-721, qualified inspectors must employ a methodical approach to assess the condition of exterior elevated elements (EEEs). The goal is to identify any signs of deterioration, potential safety hazards, and areas where preventive maintenance is needed. The inspection process often involves a combination of techniques, starting with the least invasive and progressing as necessary:

1. Visual Assessment
   This is the core of the inspection. Inspectors examine all exposed surfaces of the EEEs, noting signs of damage, deterioration, improper installation, or insufficient waterproofing.
2. Invasive Techniques (if necessary)
   When visual assessment is insufficient (e.g., covered surfaces), inspectors may use:
   • Endoscopic Testing: Inserting a small camera for viewing concealed areas.
   • Moisture Sensors: To detect potential moisture intrusion and decay.
   • Infrared Imagery: To identify thermal anomalies suggesting hidden moisture.
3. Destructive Exploration
   If the above methods cannot confirm EEE integrity, sections of siding or finishes may be removed to examine framing members. This is often a last resort, and any openings must be professionally repaired.

The SB-721 Inspection Report

The inspection report mandated by SB-721 is more than just a document – it's a critical tool for building owners.  This comprehensive report serves multiple purposes, providing a detailed snapshot of the condition of all inspected exterior elevated elements (EEEs), outlining necessary actions, and offering guidance for future maintenance decisions. It's essential that the report is detailed, accurate, and delivered to the building owner within the legally established timeframe.

Key components of an SB-721 inspection report include:

• Detailed condition assessment of EEEs (photos, test data)
• Expected service life projections
• Identification of immediate hazards (reported within 15 days)
• Recommendations for further evaluation
• Clear categorization of required repairs

SB-721 vs. SB-326: Key Differences

California's focus on exterior elevated element (EEE) safety is embodied in two pieces of legislation: Senate Bill 721 (SB-721) and Senate Bill 326 (SB-326). While both laws share the common goal of improving building safety, they differ in their target properties, inspection frequencies, and inspector qualifications.

SB-721 primarily applies to multi-family apartments with three or more units, establishing a six-year inspection cycle. SB-326, on the other hand, focuses on condominiums and Common Interest Developments, requiring inspections every nine years. A key distinction lies in SB-326's mandate that a licensed architect or engineer must perform inspections.

Understanding the nuances between these two bills is crucial for building owners and managers. Determining which law applies to your property is the first step in ensuring compliance.

• SB-721: Targets apartments (3+ units), mandates inspections every six years.
• SB-326: Focuses on condominiums and Common Interest Developments, requires inspections every nine years, and inspections must be conducted by a licensed architect or engineer.

Beyond SB-721: The Local Ordinances Factor

While SB-721 sets a statewide standard for exterior elevated element (EEE) inspections and safety, it's essential to recognize the role of local ordinances. Cities and counties within California often have their own specific building codes and regulations that may supersede or add additional requirements to those established by SB-721.

For instance, both the City of Berkeley and San Francisco have enacted EEE ordinances that predate SB-721 and are considered more rigorous. These ordinances may mandate more frequent inspections, demand specific inspector qualifications, or dictate different repair timelines.

The Importance of Due Diligence

While understanding and adhering to Senate Bill 721 is paramount for building professionals in California, it's merely the starting point. Due diligence demands staying informed about local ordinances that may have even more rigorous requirements for exterior elevated elements (EEEs).  Taking this extra step is crucial for two key reasons:

• Avoiding Penalties: Failure to comply with local ordinances can result in fines, liens, and even restrictions on the use of EEEs, in addition to any penalties imposed for SB-721 non-compliance.
• Comprehensive Safety: Local ordinances are often tailored to address specific regional risk factors, such as climate conditions, seismic activity, or past patterns of building failures. Adhering to them helps ensure optimal safety for residents.

The best way to ensure full compliance is to proactively consult with your local building department or code enforcement agency. Their website often has comprehensive information on EEE regulations. Building professionals should make this research a standard part of their project planning process.

The Value of Compliance: Beyond Safety

Complying with SB-721 is more than adhering to legal requirements. It demonstrates a proactive commitment to the safety and well-being of residents, tenants, and visitors to your properties. Beyond the primary goal of preventing accidents, SB-721 compliance also offers several practical benefits:

• Liability Mitigation
  By identifying potential EEE problems early, you reduce the risk of costly lawsuits and damage to your reputation.
• Insurance Considerations
  A strong track record of compliance may positively influence your insurance coverage and premiums. Proactive maintenance often translates to lower risk profiles for insurance providers.
• Property Value
  Well-maintained buildings with documented compliance are more attractive to both prospective tenants and future buyers.

Navigating Complexities: Let Intertek Be Your Guide

Implementing SB-721 requirements doesn't have to be a daunting task. At Intertek, we understand the complexities of this legislation and provide the expertise to streamline your compliance process.

Your Partner in SB-721 Compliance

• SB-721 Inspections
  Intertek’s qualified inspectors deliver thorough assessments and actionable reports.
• Remediation Consulting
  Intertek can assist with repair strategies, bidding processes, and construction oversight.
• Product Testing & Certification
  Intertke’s labs ensure your building materials meet all safety and performance standards.
• Design Review
  Intertek will evaluate your EEE designs for buildability, code compliance, and long-term durability.

Contact Intertek today to discuss how we can streamline your SB-721 compliance process.