What These Laws Actually Require
If you manage or own a multi-family property in California, you've probably heard about SB 326 and SB 721. These laws require regular inspections of balconies, decks, walkways, and stairs that are 6+ feet above ground and supported by wood framing.
The inspection isn't just about checking if the railings are sturdy. Inspectors specifically look at waterproofing systems because water damage is the main reason balconies fail. When water gets past a worn-out membrane, it rots the wood framing underneath - and that's when things get expensive and dangerous.
Inspectors evaluate three things:
- Condition of load-bearing components (joists, beams, posts)
- Condition of waterproofing elements (membranes, flashing, sealants)
- Expected future performance and remaining service life
If your waterproofing is failing or near the end of its useful life, the report will flag it. Depending on what they find, you may need to repair or replace the system within a specific timeframe.
SB 326 vs. SB 721: Which One Applies to You?
SB 326 - Condominiums
- Applies to: Condos and HOAs with exterior elevated elements
- Inspection cycle: Every 9 years
- First deadline: January 1, 2025
- Who can inspect: Licensed architects or structural engineers only
SB 721 - Apartments
- Applies to: Apartments with 3+ units
- Inspection cycle: Every 6 years
- First deadline: January 1, 2026 (extended)
- Who can inspect: Architects, engineers, certified inspectors, or qualified contractors
- How many: At least 15% of balconies must be inspected
Both laws exist because of real balcony failures that injured and killed people. The requirements are serious, and so are the penalties for not complying.
Why Waterproofing Matters More Than You Think
Here's the thing about wood-framed balconies: they look fine from the outside even when they're rotting from the inside. Water gets in through failed waterproofing, soaks into the plywood and joists, and the decay happens where you can't see it.
By the time you notice soft spots or sagging, the damage is already significant. That's why these laws focus so heavily on waterproofing condition - it's the first line of defense.
When repairs require permits
California requires building permits for balcony work including:
- Replacement of waterproofing membranes
- Replacement of exterior finishes
- Any structural framing repairs
- Guardrail replacements
Using an ICC-ES listed system makes the permit process smoother because it comes with the code compliance documentation building departments want to see.
Code-Compliant Waterproofing Systems
For balcony repairs that need to pass permit review and meet California building codes, you want a system with independent third-party verification. Our ICC-ES listed waterproofing systems have been evaluated under AC39 acceptance criteria for walking decks.
Deck Flex W.M. System
Multi-layer cement-based system for plywood decks. Best choice when fire rating requirements are strict (many multi-family buildings need Class A).
- • 6-layer system with TetraCrete®
- • Class A fire rating
- • 10-year warranty when properly applied
- • Wind rated to 130 mph
Deck Flex W.F. System
Works on plywood or concrete substrates. Good option when Class B fire rating is acceptable and you want flexibility in substrate types.
- • Multi-layer elastomeric system
- • Class B fire rating
- • Plywood or concrete substrates
- • ICC-ES listed (ESR-3672)
Why ICC-ES listing matters for your project
When you pull a permit for balcony waterproofing replacement, the building department needs to verify the system meets code. An ICC-ES Evaluation Service Report (ESR) provides exactly what they're looking for:
- Independent verification of code compliance
- Fire rating classification (Class A or B)
- Approved substrates and installation requirements
- Testing data for waterproofing, impact resistance, and durability
View ESR-3672 report for full technical details.
What Happens If You Don't Comply
California takes these inspections seriously. If your property doesn't meet the requirements:
- Daily fines: Local code enforcement can impose $100-500 per day until you comply
- Civil penalties: Up to $5,000 per violation under SB 326
- Board liability: HOA board members can face personal liability for failing to protect the association
- Occupancy restrictions: Severely damaged balconies may be posted as unsafe with access prohibited
- Insurance issues: Non-compliance may affect your property insurance coverage
Beyond the legal penalties, there's the liability exposure if someone gets hurt on a balcony you knew needed repairs.
Common Questions
What is SB 326 and who does it apply to?
SB 326 is a California law requiring condominium associations (HOAs) to inspect exterior elevated elements like balconies, decks, and walkways every 9 years. The first inspection deadline was January 1, 2025. It applies to any balcony or deck that is 6 feet or more above ground, designed for people to walk on, and supported by wood framing.
What is SB 721 and how is it different from SB 326?
SB 721 applies to apartment buildings with 3 or more units (not condos). Inspections are required every 6 years, with the deadline extended to January 1, 2026. The main difference is who it covers: SB 326 is for condos/HOAs, SB 721 is for rental apartments.
Why do balcony inspections focus on waterproofing?
Water damage is the leading cause of balcony failures. Inspectors specifically evaluate the condition of waterproofing membranes and drainage because moisture causes wood rot, which weakens the structural framing. Failed waterproofing means water gets into the structure and causes decay you often cannot see until it becomes dangerous.
Do I need a permit to replace balcony waterproofing in California?
Yes. California requires permits for replacement of membranes, exterior finishes, or waterproofing systems on balconies. Using an ICC-ES listed system helps with permit approval because it provides the code compliance documentation building officials need.
What happens if our property fails an SB 326 or SB 721 inspection?
If the inspector finds conditions that pose an immediate threat to safety, you must take preventive measures right away - this could mean restricting access to the balcony. You then have a set timeframe to complete repairs. The repair timeline depends on the severity of the findings. Failure to comply can result in fines of $100-500 per day, civil penalties up to $5,000 per violation, and potential liability issues for HOA board members.
What waterproofing system should we use for SB 721 balcony repairs?
Look for ICC-ES listed systems evaluated under AC39 (the acceptance criteria for walking decks). These systems have been independently tested for waterproofing performance, fire resistance, wear resistance, and code compliance. An ICC-ES evaluation report gives building officials the documentation they need to approve your repair project.
Related Resources
Need Help With Your Project?
We've been helping contractors and property managers with deck waterproofing projects since 1985. If you have questions about which system is right for your SB 326 or SB 721 repairs, we're here to help.