Which properties are impacted by California’s recent changes to Exterior Elevated Elements inspection laws?
California’s recent legislation, AB-2579, introduces key changes to inspection requirements for Exterior Elevated Elements (EEEs) in multifamily properties. This update impacts property owners across the state, extending deadlines and clarifying compliance expectations.
Key Points
- AB-2579 modifies SB-721 to provide owners with additional time to make inspections, in recognition of impacts of COVID-19 restrictions.
- Multi-family residential properties constructed prior to 2019 need a 15% sampling of EEEs to be inspected for the first time by January 1, 2026, a delay of one year.
- Multi-family residential properties constructed after January 1, 2019 will need a 15% sampling of EEEs to be inspected for the first time within 6 years of the certificate of occupancy.
- Community associations (condominiums) required that a statistically significant sampling (95% confidence, +/- 5%) of EEEs to be inspected for the first time by January 1, 2025.
Background
During the middle of the night, one evening in June, 2015, a balcony collapsed at an apartment building in Berkeley, California. Six people lost their lives immediately that evening, seven more were injured – one of whom would later die several years later as a result of the injuries sustained.
Here is a timeline of the key events since the collapse:
| Dates related to California EEE Legislation | Key Event |
|---|---|
| June 15, 2015 | Fatal collapse of balcony at Library Gardens. |
| September 15, 2016 | California Senate Bill No. 465 was signed into law, creating a working group under the state’s Building Standards Commission to study the collapse, and to present a report of findings to the state legislature with recommendations for preventing future collapses. |
| February 2, 2017 | The State of California Building Standards Commission issued “Emergency Building Standards for Immediate Enforcement – Exterior Elevated Elements” modifying the California Building Code temporarily. The temporary changes – which include ventilation, construction documentation and enhanced building inspection requirements — have since become permanent and are now included in the International Residential Code. |
| September 17, 2018 | Senate Bill No. 721 signed into law as California Health & Safety Code Sec. 17973. Originally intended to apply to all multifamily residential properties with three or more attached dwelling units, the final law excludes community associations. Initial deadline for first inspection was January 1, 2025, with follow-up inspections every 6 years. The law restricted repair contractors from also performing inspections. |
| August 30, 2019 | Senate Bill No. 326 signed into law as California Civil Code Sec. 5551. This law applies to community associations and requires more stringent sample selection requirements. The first round of inspections were due to be completed by January 1, 2025, with subsequent inspections due every 9 years. |
| March 4, 2020 | The State of California declared COVID-19 an emergency, ultimately leading to numerous restrictions resulting in shelter-in-place, lockdown, quarantine and personal contact restrictions. |
| January 1, 2022 | Senate Bill No. 607 modifies Cal. Health & Safety Code Sec. 17973 (SB-721) to allow contractors to also perform inspections. |
| September 28, 2024 | California Assembly Bill No. 2579 was signed into law, extending the initial deadline for compliance with SB-721 by one full year to January 1, 2026. |
| January 1, 2025 | The first deadline for compliance under SB-326 (Cal. Civ. Code Sec. 5551), applicable to community associations, has now passed. |
| January 1, 2026 | For all multifamily properties in California that are not community associations, which includes apartments, senior housing, higher education residential dormitories, etc., the first round of inspections needs to be completed by January 1, 2026. |
What does California State Assembly Bill No. 2579 change?
Notice in the timeline above the mention of COVID-19 restrictions. With everyone on lockdown and living/working/attending school from home, even with full PPE, the thought of strangers walking through apartment units to inspect balconies, just didn’t seem to make much sense. (In order to safely inspect the balconies at most properties, access through the interior of individual units is often necessary.)
As VERTEX can confirm, few property owners were willing to proceed with inspections during the more restrictive periods during the pandemic. From a practical standpoint, this resulted in a gap of at least two years during which almost no inspections took place.
Recognizing the delay caused by the lockdown restrictions on complying with SB721, AB-2579 was introduced. The primary change implemented is to extend the first deadline for compliance by one year, from January 1, 2025 to January 1, 2026.
Although few apartment owners jumped at the opportunity to complete the required inspections long before the deadline, AB-2579 does give some relief to those owners that did comply early on stating, “no new inspection is required until January 1, 2026, if the property was inspected within 3 years prior to January 1, 2019, as specified.”
What types of properties are affected by the most recent changes?
California’s AB-2579 only modifies SB-721, which applies to the following properties, according to the law:
“Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.”
In other words, the one-year extension of the deadline for compliance with SB-721 applies to any multifamily buildings with at least three attached units. That includes apartment buildings, but it also includes a number of property types that may not seem obvious.
Also included within the requirements of SB-721:
- Affordable housing projects
- Senior care facilities
- Higher education and military residential housing
What about Condominiums?
Unfortunately, although condominiums were under similar lockdown restrictions which also impeded the willingness to conduct inspections of EEEs, AB-2579 only modifies SB721, leaving SB326 untouched. The deadline for the first round of inspections for condominiums has now just past, on January 1, 2025.
For community association boards that are not in compliance with SB-326, the sooner inspections are performed, the sooner the findings can be incorporated into the next reserve study, as required by law. (Contact us today if your association is late completing the required inspections.)
What about other types of properties, or properties outside of California?
California’s EEE inspection mandates currently only apply to multi-family residential properties with 3 or more attached dwelling units. That doesn’t mean that motels, hotels, commercial and public buildings are somehow immune to the risks posed by wood-framed EEEs. In fact, owners and managers of such properties would be prudent to consider the inevitable risks to be expected at similar types of building assemblies.
In fact, the very first Balcony Assurance client was a hotel in West Hollywood with numerous waterproofed, wood-framed exterior elevated elements that were found to be extremely unsafe, one the verge of failure, and creating a potential risk to the life-safety of occupants – which in that case meant paying guests.
Unlike typical residential dwelling units, commercial properties and public buildings, often experience more wear and tear, thus elevating the concerns for potential safety issues at concealed framing.
What can you do to manage the (often concealed) risks of EEEs?
Whether you are a stakeholder of a property subject to mandatory inspection requirements, or not, it is important to recognize, and then to address the risks associated with exterior elevated elements. These risks primarily relate to damage to structural components resulting from prolonged and unanticipated exposure to water and moisture.
Our biggest takeaway from our work investigating the original Berkeley balcony collapse is that unless the actual concealed framing of an EEE assembly is visually inspected, the true condition is not known. Serious damage, to the point of risking total structural failure, may be hidden from view, with nothing visible at the exterior.
While EEEs with concealed wood framing have clearly established risk factors, other types of EEEs have their own unique risks. Reinforced concrete EEEs are also susceptible to the damaging effects of prolonged water or moisture exposure. Corrosion of steel reinforcing, combined with the expansion from rust leading to excessive cracking of concrete, can ultimately lead to the failure of EEEs.
At the risk of oversimplification, the general process for mitigating the risks of EEEs includes the following:
- Risk Assessment
- Inspection
- Analysis & Reporting
- Rinse, Repeat
Conclusion
California AB-2579 extends the initial deadline for inspections under SB-721 to January 1, 2026. It did not extend the deadline for condominiums and community associations.
This extension should be welcome news to the professionals responsible for the many, many properties that are subject to SB-721 that have not yet even initiated the process of compliance. Remember: SB-721 doesn’t just apply to apartment buildings – it also applies to affordable housing, senior care facilities, as well as higher education and military residential housing.
The clock is ticking:
Ready to ensure compliance with California AB-2579?
Contact VERTEX's Balcony Assurance Team today for expert guidance and inspections.
Protect your property and residents by ensuring the safety and structural integrity of your balconies, decks, stairs, landings, railings and other EEEs. VERTEX offers Balcony Assurance Services tailored to meet any applicable compliance requirements, or to mitigate the often concealed risks posed by such assemblies.
With a team of seasoned architects, engineers, and contractors, we combine decades of multifamily building expertise with cutting-edge testing technology to deliver reliable, cost-effective inspections.
Contact VERTEX today to schedule your EEE inspection and ensure the safety and compliance of your property. Contact Brian Hill, VERTEX's Director of Balcony Assurance, call +1.781.952.6000 or submit an inquiry below.
