California Senate Bill No. 326, effective January 1, 2020, for common interest developments enacted Section 5551 to the Civil Code requiring visual inspection of all exterior elevated elements (decks, balconies, walkways, stairs, and railings that are 6-feet or more above the ground) by a licensed structural engineer or architect.

This requirement applies specifically to common interest developments (homeowner association) buildings containing three or more multi-family dwellings. Therefore, single-family homes and duplexes would not be included in this requirement.

The initial inspections must be completed by January 1, 2026 with subsequent inspections required every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550.

According to the Consumer Product Safety Commission, structures such as balcony and deck failures have caused thousands of injuries per year (recorded by emergency room visits).

In California, the event that brought the issue to the forefront was the Berkeley Balcony Collapse in 2015. This tragedy led to six deaths and seven injuries, and prompted action by the city and state. The forensic investigations into the causes of the collapse revealed the inherent risks of wood-framed cantilevered balconies, which apply to other similar raised load-bearing structures.

In 2016, the state passed a law that directed the California Building Standards Commission (CBSC) to perform a study and give a report on findings and recommendations. The CBSC Exterior Elevated Elements (EEE) subcommittee’s report determined that there should be periodic post-occupancy inspections to prevent failures of existing EEEs.

SB 326 (2019) is the resulting legislation to require those inspections in order to prevent future collapses from occurring on existing buildings.