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In 2018, California passed Senate Bill (SB) 326, also known as the "Balcony Inspection Bill" or "Elevated Exterior Elements (E3) Bill." The law amended California Civil Code Sections 5550-5580.
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 326?
Owners of condominium 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. For new condominium associations (any new building that had a building permit application submitted after January 1, 2020), the first inspection deadline for newly constructed condos is within six years of getting issued a certificate of occupancy. Subsequent inspections have the same cycle as existing buildings, once every nine years.
Does this law apply to apartment and condominium buildings?
There are separate laws for apartment buildings and condominium buildings. SB 326 applies to condominium buildings. SB 721 applies to apartment buildings. The laws are very similar; however, there are differences. For apartment buildings, visit the City's Apartments 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, an authorized representative of the homeowners association (HOA) must still take action by filling out and submitting the City's Exemption Declaration Form.
Who is responsible for fulling the requirements of SB 326?
The law requires that the HOA be responsible for fulfilling the requirements, including the safety inspection of the exterior elevated elements and the maintenance and/or repair.
Why did I receive a notice as a condominium owner?
The City is contacting owners and HOAs. The City is encouraging owners to share the notice with their HOA representatives and property manager to promote awareness and support their efforts to comply with the requirements of the law. Condominium owners are not directly responsible for completing the inspection and any required repairs pursuant to SB 326; however, the law affects the entire property and the safety of each individual unit. The City is also encouraging owners to review the inspection report once it is completed to understand if their unit is affected, particularly if any immediate safety issues have been identified and what repairs may be needed.
Who performs the required safety inspections?
A current employee of the City of Fremont cannot perform the inspection. HOAs must hire a licensed professional who qualifies as at least one of the following:
- Licensed architect; or
- Licensed civil or structural engineer.
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 HOA board within 45 days of the completion of the inspection. After an inspection, the HOA must keep inspection reports available for two inspection cycles, or at least 18 years.
What happens if the report identifies an emergency safety condition?
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 HOA immediately and to the City within 15 days of completing the report. The HOA must take measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by City staff.
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 HOA 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.
- Prior to the inspection cycle deadline for the property 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 HOA.
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.