If you own or manage a multifamily property in California, you've probably heard the terms SB326 and SB721 used interchangeably. They're related — both are balcony inspection laws — but they are not the same, and which one applies to you determines your deadline, your inspection frequency, and who is legally permitted to perform the work.Getting this wrong is not a minor paperwork issue. The fines for non-compliance run up to $500 per day. Here's a plain-language breakdown.
Senate Bill 326 applies to common interest developments: condominiums, homeowners associations, and community associations with three or more units. It covers exterior elevated elements in common areas — meaning structures owned and maintained by the HOA, not individual unit-owner property.Key requirements:
If your HOA missed the January 2025 deadline, you are currently out of compliance and accumulating potential fines. The right move is to schedule the inspection immediately and document that remediation is in progress.
Senate Bill 721 applies to multifamily rental properties — apartment buildings — with three or more units. Unlike SB326, it is not limited to common-area elements: it covers all exterior elevated elements on the property.Key requirements:
San Francisco has its own additional requirement: Section 604 of the San Francisco Housing Code. This applies to apartment buildings with three or more units and hotels with six or more guest rooms, and it operates on a five-year inspection cycle — separate from, and in addition to, SB721 and SB326 requirements.Section 604 covers a broader scope than the state laws: it includes fire escapes, exit corridors, guardrails, and all metal appendages — not just wood-framed elements. After each inspection, the licensed professional signs a Compliance Affidavit that the property owner submits to San Francisco's Department of Building Inspection.If your SF property is compliant with SB721 or SB326, you still need to address Section 604 separately. Deck Check handles all three inspection types for Bay Area and San Francisco properties.
The inspector qualification requirements are different. For SB326, a contractor cannot perform the inspection — it must be a licensed engineer or architect who will stamp the report with their professional license number, taking legal responsibility for its accuracy. That's a meaningful difference. A stamped report from a licensed civil engineer carries more legal protection for your HOA board than a report from an unlicensed inspector.Vincenzo at Deck Check holds a California P.E. license and is qualified to perform inspections under all three frameworks — SB326, SB721, and Section 604. He serves Marin County, the greater Bay Area, San Francisco, and San Diego.