What is the Difference Between SB721 and SB326?

Today, we’re diving into two important California laws that every property owner and manager should know about: SB721 and SB326. These laws are all about keeping buildings safe, but they apply to different types of properties. Let’s break it down and see how they might affect you.

The main difference between SB721 and SB326 is the type of properties they cover. SB721 focuses on multi-family apartments and rental properties with three or more units, while SB326 applies to condominiums and homeowners associations. Both laws aim to enhance safety by requiring regular inspections of exterior elevated elements like balconies, decks, and stairways.

You’ll find that these laws share similarities in their goals, but they differ in their specifics. SB721 mandates inspections every six years for apartment buildings, whereas SB326 sets different timelines for condos and HOAs. As a property owner or manager, understanding these distinctions is crucial for compliance and maintaining the safety of your buildings.

In this article:

• Overview of SB721
• Overview of SB326
• Key Differences Between SB721 and SB326
• Impact on Property Owners
• Safety Implications of Each Bill
• Compliance Requirements for Each Bill
• Future Considerations for Property Management

Overview of SB721

SB721, also known as the Balcony Inspection Law, was enacted in California following a tragic balcony collapse in Berkeley. It focuses on improving safety in multi-family rental properties with three or more units.

The law requires regular inspections of exterior elevated elements (EEEs) like balconies, decks, and stairways. You’ll need to have these inspections conducted by licensed professionals every six years. They’ll check for structural integrity, waterproofing, and load-bearing components.

If inspectors find any issues, you’re required to address them promptly. This proactive approach aims to prevent accidents and ensure tenant safety. Remember, compliance with SB721 is mandatory, and failure to do so can result in penalties.

Overview of SB326

SB326, often called the “Balcony Bill,” requires regular inspections of Elevated Exterior Elements (EEEs) in condominiums and homeowners associations. These EEEs include balconies, decks, stairways, and their supporting structures.

The law mandates inspections every 9 years, with the first inspection due by December 31, 2024. Licensed architects or engineers must conduct these inspections, focusing on the structural integrity and safety of EEEs.

SB326 aims to prevent tragic accidents by identifying potential hazards early. It requires a thorough examination of load-bearing components, waterproofing systems, and guardrails. Property managers must keep detailed records of inspections and any necessary repairs.

Key Differences Between SB721 and SB326

SB721 and SB326 target different property types. SB721 applies to multi-family apartments and rental properties with three or more units. SB326, on the other hand, focuses on condominium complexes and homeowners’ associations.

The laws have distinct inspection timelines. SB721 requires initial inspections by January 1, 2025, with subsequent inspections every 6 years. SB326 mandates inspections to begin by January 1, 2025, and continue every 9 years thereafter.

Inspection scope varies between the two. SB721 covers all load-bearing components of exterior elevated elements (EEEs), including balconies, decks, and stairways. SB326 specifically targets EEEs in common areas of condominium complexes.

You’ll find differences in reporting requirements too. SB721 necessitates reports to be submitted to building owners and local enforcement agencies. SB326 requires reports to be included in reserve studies and shared with homeowners’ association boards.

Impact on Property Owners

SB721 and SB326 place new responsibilities on property owners. You’ll need to schedule regular inspections of elevated exterior elements like balconies, decks, and stairways. These inspections must be conducted by licensed professionals, which means additional costs for you.

For apartment owners, SB721 requires inspections every 6 years. If you own a condominium, SB326 mandates inspections every 9 years. You’ll need to budget for these recurring expenses and plan for potential repairs identified during inspections.

Failure to comply with these laws can result in hefty fines and legal liabilities. You may also face challenges with insurance coverage if you don’t maintain proper inspection records. It’s crucial to stay proactive and keep detailed documentation of all inspections and repairs to protect yourself and your investment.

Safety Implications of Each Bill

SB721 and SB326 both aim to enhance safety for residents and visitors of multi-unit properties. SB721 focuses on apartment buildings with three or more units, targeting load-bearing elements of exterior elevated structures. This includes balconies, decks, and stairways, along with their supports and waterproofing systems.

SB326, on the other hand, applies to condominiums and addresses similar safety concerns. It requires regular inspections of exterior elevated elements in common areas. These inspections help identify potential hazards like dry rot, faulty waterproofing, or structural weaknesses that could lead to accidents.

Both bills mandate timely repairs when issues are discovered. This proactive approach helps prevent accidents and ensures the longevity of these structures. You’ll find that these laws have led to increased awareness among property owners and managers about the importance of regular maintenance and inspections.

Compliance Requirements for Each Bill

SB721 applies to apartment buildings with 3+ units. You must have your first inspection completed by January 1, 2025. After that, inspections are required every 6 years. The law covers load-bearing components of exterior elevated elements like balconies, decks, and stairways.

SB326 focuses on condominiums and homeowners associations. Your first inspection deadline is also January 1, 2025, with subsequent inspections every 9 years. This bill specifically targets exterior elevated elements that extend beyond the building’s exterior walls and have a walking surface elevated more than 6 feet above ground level.

Both laws require licensed professionals to conduct inspections. You’ll need to address any issues identified during these inspections promptly. Keep detailed records of all inspections and repairs to maintain compliance and ensure the safety of your property’s residents.

Future Considerations for Property Management

As you look ahead, property managers need to stay vigilant about evolving regulations. Keep an eye on potential updates to SB721 and SB326, as lawmakers may refine these laws based on implementation experiences.

You’ll want to invest in robust record-keeping systems to track inspections and repairs. Digital platforms can help you manage deadlines and store documentation efficiently. Consider budgeting for more frequent inspections beyond the mandated timeframes to catch issues early.

Training your staff on the nuances of these laws is crucial. You may also want to build relationships with qualified inspectors and contractors familiar with EEE requirements. Stay connected with local property management associations to stay informed about best practices and potential legislative changes.

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