What Actually Fails an SB 721 Balcony Inspection

SB 721 requires inspection of balconies, decks, and other exterior elevated elements (EEEs) on apartment buildings with 3 or more units. The law was passed after the 2015 Berkeley balcony collapse that killed six people—a tragedy caused by dry rot in wood-framed balcony supports that had never been inspected.

If you own a qualifying apartment building, you need to have these inspections done. But there’s a lot of confusion about what actually fails an SB 721 inspection versus what’s just cosmetic wear. Here’s what you need to know.

SB 721 Quick Background

Key Requirements

• Applies to: Buildings with 3+ dwelling units
• Elements covered: Exterior elevated elements (balconies, decks, walkways, stairs) with wood or wood-based structural components, 6+ feet above ground
• Inspection cycle: Every 6 years
• First deadline: January 1, 2025
• Who can inspect: Licensed contractor, architect, or structural engineer (depending on jurisdiction)
• Sampling: At least 15% of each type of EEE must be inspected

The purpose of the law is simple: prevent balcony collapses by identifying structural deterioration before it becomes dangerous. The inspection focuses on structural integrity, not cosmetic condition.

What Structures Are Covered

SB 721 covers “exterior elevated elements” (EEEs) that are:

• Elevated more than 6 feet above ground level
• Designed for human occupancy or use
• Supported by wood or wood-based materials

This includes:

• Balconies
• Decks
• Exterior walkways and stairways
• Entry structures and porches
• Landings

It does not include:

• Structures less than 6 feet above grade
• Structures with steel or concrete primary support (no wood components)
• Single-family homes or duplexes (those fall under SB 326 if they’re condos)
• Interior stairs or walkways

What Gets Inspected

The inspection focuses on structural components and their waterproofing. Specifically:

Load-Bearing Components

• Joists (the horizontal framing members)
• Beams and ledgers
• Posts and columns
• Connections to the building
• Guardrail posts and their attachments

Waterproofing Systems

• Deck surface waterproofing
• Flashing at wall connections
• Drainage systems
• Sealants and caulking

Associated Waterproofing Elements

• Flashings
• Membranes
• Coatings designed to protect wood

The inspection is typically visual but may include probing, moisture meters, or other testing to assess wood condition beneath surfaces.

What Actually Fails an SB 721 Inspection

Here’s what inspectors are looking for—and what triggers a failure requiring repair:

Immediate Safety Hazards (Emergency Repairs Required)

• Structural members with significant rot, decay, or fungal damage
• Failed connections—bolts pulled out, ledgers separating from building
• Visible deflection (sagging) of deck surface or framing
• Guardrails that move or are unstable when pushed
• Missing or severely deteriorated structural components
• Evidence of active structural failure

These conditions require immediate restriction of access and emergency repairs—often within 15-30 days.

Conditions Requiring Repair (Standard Timeline)

• Early to moderate wood decay in structural members
• Failed waterproofing allowing water intrusion
• Missing or damaged flashing
• Improper drainage causing water pooling
• Corrosion of metal connectors
• Inadequate ventilation leading to moisture accumulation
• Fastener deterioration
• Code-deficient guardrail height or spacing (existing conditions)

These typically allow 120-180 days for repairs, depending on severity and jurisdiction.

The Key Issue: Water and Wood

The vast majority of SB 721 failures come down to one thing: water getting into wood and causing decay. The Berkeley collapse happened because water infiltrated the balcony framing through failed waterproofing and caused dry rot that wasn’t visible from the outside. By the time anyone noticed, the damage was catastrophic.

That’s why inspectors focus so heavily on:

• Where water can get in (failed waterproofing, missing flashing)
• Whether water is getting in (moisture meter readings, staining)
• What damage has already occurred (probing for soft wood, visible decay)

What Doesn’t Fail (Just Cosmetic)

These conditions may look bad but don’t constitute SB 721 failures:

Cosmetic Issues (Not SB 721 Failures)

• Faded or peeling deck coating (if waterproofing layer intact)
• Surface scratches or wear on decking
• Stained or discolored wood (without structural damage)
• Minor surface cracks in coatings
• Weathered appearance of wood surfaces
• Paint peeling on railings (if railings are structurally sound)
• Dirty or debris-covered surfaces

The distinction is structural versus cosmetic. A deck can look worn and still be structurally sound. Conversely, a deck can look fine on the surface while rot is hidden underneath.

Gray Areas and Common Misconceptions

“My Deck Is Old—Will It Automatically Fail?”

No. Age alone doesn’t determine failure. A well-maintained, properly waterproofed 30-year-old deck can pass. A poorly maintained 10-year-old deck can fail. It’s about condition, not age.

“The Coating Is Worn—Is That a Failure?”

Maybe. Surface coating wear isn’t automatically a failure. But if the wear has compromised the waterproofing layer and water is getting into the structure, that’s a problem. The inspector will assess whether the waterproofing system is still functional.

“My Guardrails Are Below Current Code Height”

This is a gray area. SB 721 inspections assess structural safety, not code compliance for non-structural elements. However, many jurisdictions interpret guardrail adequacy as part of the safety assessment. A 30-inch guardrail (code when built) may not fail for being short, but a loose or wobbly guardrail will fail for being unsafe.

“We Just Need to Replace the Decking Surface”

Surface replacement alone doesn’t address structural issues. If the framing underneath has decay, new decking won’t fix it. The inspection looks beneath the surface.

Condition	SB 721 Failure?	Notes
Soft, spongy wood in joists	Yes	Structural decay—requires repair
Visible mold on surface	Depends	Surface mold alone isn’t failure; decay underneath is
Ledger pulling from building	Yes—Emergency	Immediate safety hazard
Missing flashing at wall	Yes	Water intrusion pathway—needs repair
Faded deck coating	No	Cosmetic unless waterproofing compromised
Wobbly guardrail	Yes	Safety hazard—needs repair
Cracked concrete below deck	No	Not a wood EEE issue (unless affecting support)
Water pooling on deck	Depends	Indicates drainage issue; failure if causing decay

What Happens If You Fail

If the inspection identifies problems, you’ll receive a report detailing:

• What was found and where
• Severity classification
• Required repairs
• Timeline for completion

For Immediate Hazards

Access must be restricted immediately. Emergency repairs required within 15-30 days (varies by jurisdiction). Failure to act can result in fines and potential liability.

For Standard Repairs

Typically 120-180 days to complete repairs. Permits may be required for structural work. Follow-up inspection to verify repairs.

Reporting Requirements

The inspection report must be filed with your local building department. Failure to inspect, file, or repair creates compliance issues and potential fines.

How to Prepare for Your SB 721 Inspection

Before Scheduling the Official Inspection

• Visual self-assessment: Look at your balconies and decks. Any obvious sagging, loose railings, or water damage?
• Check waterproofing: Is the deck coating intact? Is water draining properly?
• Look at connections: Where decks meet the building, is flashing visible and intact?
• Consider age and history: When were decks built? Any known water intrusion issues?

If You’re Concerned

A preliminary assessment can identify likely problem areas before the formal inspection. This gives you time to plan and budget for repairs rather than being surprised by an official report and deadline.

Documentation to Gather

• Original building plans (if available)
• Any previous inspection reports
• Records of repairs or waterproofing work
• Maintenance history

Working With Qualified Inspectors

SB 721 inspections must be performed by a licensed general contractor, architect, or structural engineer. For buildings where structural concerns exist, working with a structural engineer provides the most thorough assessment and clearest repair guidance.

I work directly with licensed structural engineers when needed for SB 721 inspections, ensuring that assessments are thorough and repair recommendations are professionally developed. This collaborative approach gives property owners clear, actionable information.

Final Thoughts

SB 721 exists because balcony failures kill people. The Berkeley tragedy was preventable—regular inspection would have caught the decay before it became catastrophic.

The good news is that most balconies pass or require only minor repairs. The law isn’t designed to fail every old deck; it’s designed to catch the ones that are actually dangerous. If your balconies have been reasonably maintained and waterproofed, you’re probably in decent shape.

But don’t assume. The deadline is here. If you haven’t had your SB 721 inspection yet, it’s time to schedule it.

NS

Nathan Sewell

LA Building Inspections & Compliance

Certified home inspector working with licensed contractors and structural engineers to provide thorough SB 721 assessments for apartment buildings throughout Los Angeles County.

Need an SB 721 Inspection?

The deadline is here. Get your balconies and decks assessed by qualified professionals.

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Questions?

Call/Text: (626) 214-5929

Email: nathan@larentalinspections.com

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