In 2018, California passed Senate Bill (SB) 721, also known as the "Balcony Inspection Bill" or "Elevated Exterior Elements (E3) Bill." The law amended Section 1954 of the Civil Code and added Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

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Frequently Asked Questions (FAQs)

City staff has prepared the following frequently asked questions to summarize the requirements of the law. This information is not a replacement for the complete law. Please consult the law and/or a licensed professional for any questions or for a complete understanding of compliance with the law.

What properties are subject to SB 721?

Owners of apartment buildings with three or more units are subject to the law if their buildings have wood-framed exterior elevated elements that are located more than six feet above the adjacent grade—such as balconies, walkways, decks, landings, railings, or stairways. The law does not specify a date of construction, so even new buildings must comply.* For larger complexes, the law allows for 15 percent of the respective elements to be inspected as a representative sampling.

*The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the City and shall otherwise comply with the provisions of this section.

Does this law apply to apartment and condominium buildings?

There are separate laws for apartment and condominium buildings. SB 721 applies to apartment buildings. SB 326 applies to condominium buildings. The laws are very similar; however, there are differences. For condominium buildings, visit the City's Condominiums webpage.

What if a notice is received, but the property is not subject to the requirements of SB 721?

If the law does not apply to a building because of the building type or because the building does not have exterior elevated elements, the property owner must still take action by filling out and submitting the City's Exemption Declaration Form.

Who performs the required safety inspections?

A current employee of the City of Fremont cannot perform the inspection. Property owners must hire a licensed professional who qualifies as at least one of the following:

• Licensed architect;
• Licensed civil or structural engineer;
• An individual certified as a building inspector or building official from a recognized state, national, or international association; or
• A building contractor holding any of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years of experience in constructing multi-story wood frame buildings and as a holder of the aforementioned classification.

What does the safety inspection involve?

The purpose of the required safety inspection is to determine whether exterior elevated elements (balconies, walkways, decks, landings, railings, or stairways) and associated waterproofing materials and methods are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.

What happens after the safety inspection?

The licensed professional will produce a report that includes their findings along with photos sufficient to document the conditions of the exterior elevated elements. The licensed professional must provide a stamped/signed written report of the evaluation to the property owner or the owner’s designated agent within 45 days of the completion of the inspection. After an inspection, property owners and managers must keep inspection reports available for two inspection cycles, or at least 12 years. If the owner decides to sell the building, they must also give the reports to the buyer at the time of the sale. If they sell their building before its first safety inspection, they will need to disclose that at the time of the sale.

What happens if the report identifies safety issues?

If there are any findings or recommendations regarding immediate repairs—including a building assembly that poses an immediate threat to the safety of the occupants, an issue that prevents occupant access, or an emergency repair, including shoring, that is necessary—the licensed professional must provide a copy of the report to the property owner of the building and to the City within 15 days of completing the report.

What happens if the report identifies an emergency safety condition?

If the licensed professional advises that an exterior elevated element poses an immediate threat to the safety of the occupants or finds that occupant access should be prevented or that emergency repairs, including shoring, are needed, this constitutes an emergency condition. The property owner must perform the required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed, inspected, and approved by City staff constitutes compliance.

What if normal corrective work is needed?

If an exterior elevated element requires corrective work and a licensed professional deems that it does not pose an immediate threat to the safety of the occupants, the property owner must apply for a building permit within 120 days and correct the condition within 120 days of the permit being issued.

When should a report be submitted?

The licensed professional who conducts the inspection must submit a stamped/signed inspection report to the City's Code Enforcement team:

• Within 15 days of completion of the report for reports that recommend immediate repairs, advise that any building assembly poses an immediate threat to the safety of the occupants, advise preventing occupant access, or advise emergency repairs, including shoring.
• Within 45 days of completion of the report for reports that recommend corrective work to an exterior elevated element that does not pose an immediate threat to the safety of the occupants.

Do I need to submit a report if repairs are not required?

To verify the required inspection has been completed, a copy of the report must be submitted to the City's Code Enforcement team whether or not repairs are required. The inspection report must be kept on file at the property to prove compliance with the law during routine inspections or during a complaint investigation. The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with the law is the responsibility of the property owner. 

How do I submit a report or Exemption Declaration Form?

To submit these documents, use the City's online permitting portal, Citizen Access. For instructions on how to do this, refer to the Citizen Access User Guide for Elevated Exterior Elements.

How do I apply for a building permit?

Building permits can be applied for online using the City's permitting portal, Citizen Access.

What if I am unable to meet a deadline related to submitting a required inspection report, applying for a building permit, or completing required repairs?

To discuss and request a formal deadline extension, please contact the City's Code Enforcement team by email.