SB 326 applies to condominiums and HOA-governed buildings (Civil Code §5551). SB 721 applies to apartment buildings with 3+ dwelling units (Health & Safety Code §17973). The key differences are in who is responsible (HOA board vs. building owner), inspection cycle (9 years vs. 6 years), and sampling requirements.

No. A property is subject to either SB 326 OR SB 721, not both. The determining factor is ownership structure: if units are individually owned (condos), SB 326 applies. If the building is owned by a single entity and units are rented, SB 721 applies.

EEEs are structures more than 6 feet above grade, designed for human occupancy or use, that rely substantially on wood or wood-based products for structural support. This includes balconies, decks, porches, stairways, walkways, and their associated railings, waterproofing systems, and load-bearing components.

If the balcony structure does not rely substantially on wood or wood-based products for structural support, it may not be subject to these specific inspection requirements. However, concrete and steel structures still require maintenance and may be subject to other building code requirements.

For SB 326 (condos): licensed structural engineers, architects, or civil engineers. For SB 721 (apartments): licensed architects, engineers, contractors with A/B/C-5 license and 5+ years experience, or certified building inspectors. The inspector cannot be the same person or company that performs repairs.

SB 326 requires a statistically significant sample — 95% confidence level with 5% margin of error. SB 721 requires a minimum of 15% of each exterior elevated element type. The inspector determines the exact number based on property size and element types.

Costs vary significantly based on property size, number of elements, and accessibility. Typical range is $3,000–$15,000 for most properties. Larger complexes with many balconies may cost more. Get multiple quotes from qualified inspectors.

The report classifies findings as: Pass (no action needed), Non-Emergency Repair Required (NERR), or Emergency Repair Required (ERR). For non-emergency repairs under SB 721, you must apply for permits within 120 days and complete repairs within 120 days of permit issuance. Emergency repairs require immediate action.

Civil penalties of $100 to $500 per day per violation. Beyond fines, you face negligence per se liability (automatic negligence if someone is injured), safety liens on the property, insurance complications, and potential board member personal liability for HOAs.

SB 326 (condos): every 9 years. SB 721 (apartments): every 6 years. The cycle begins from the date of the initial inspection report.

Both SB 326 and SB 721 were enacted because of waterproofing failures. The 2015 Berkeley balcony collapse was caused by water intrusion into concealed wood framing — the joists had lost 90% of structural capacity due to fungal decay. A functional waterproofing system prevents this type of concealed damage.

A fiberglass-reinforced, multi-layer system provides the best long-term protection. The system should include: a primer/sealer, fiberglass mat embedded in laminating resin, textured basecoat for slip resistance, and a UV-resistant finish coat. AllDeck systems meet all these requirements with ICC-ES certification.

No. Paint is not a waterproofing system. It does not create a continuous membrane, cannot bridge cracks, and will not prevent water intrusion into the structural framing below. Inspectors will not accept paint as a compliant waterproofing solution for SB 326/721 purposes.