Los Angeles Balcony Inspection Compliance Timeline Explained

How Often Should a Balcony be Inspected in Los Angeles?  Your Compliance Timeline Explained!

One of our clients, the owner of a residential apartment building, recently asked us, how often should a balcony be inspected in Los Angeles?  Well, the balcony inspection and repair professionals at Weinstein Construction provided our client with lots of information into the SB 721 inspection frequency timeline, as well as a balcony maintenance schedule, and then we converted all of the data into the below helpful, easy-to-read compliance timeline that you can use to meet the mandatory requirements of this new legislation!

What is the initial SB 721 inspection deadline?

Senate Bill 721 (Apartment Buildings) says that if you own or manage a multi-family residential property (for example, an apartment building with three or more units), you must, by January 1, 2026, complete the first inspection of the property’s balconies and other “Exterior Elevated Elements” (also called, “EEE”).

What is the required frequency of balcony inspections

At this point, you may be asking yourself, when do I need my next balcony inspection in LA?  Well, as you may already know, the SB 721 inspection regimen does not stop with the first inspection!  In fact, property owners must have their building inspected every 6 years thereafter (or less!).

Your building’s EEE that are in-scope include structures such as stairs, decks, porches, and catwalks, which are exposed to the elements (i.e., not indoors), elevated more than six feet above the ground (i.e., second story and up), and are designed for people to stand or walk upon.  These EEE should rely in whole (or in substantial part) on wood or wood-based products for structural stability and support, and the inspections must also cover the EEE’s “associated waterproofing elements” (i.e., coatings, sealants, flashings, and membranes).

As an aside, if you are wondering, is a six-year inspection rule required for condos and not just apartment buildings?  The answer is yes, there is yet another, similar law, SB 326, which applies to condominiums controlled by a homeowners association, and its compliance deadline is the same:  by January 1, 2026.

What happens if a balcony fails the SB 721 inspection?

You may be asking yourself, what will happen if some of my building’s EEE are found to be unsafe?  Well, we can answer that questions, but let’s begin with what happens if your inspector finds that repairs are not necessary!  If that is the case, then no further action is required on your part, other than properly recording the inspection in your books and records.  However, if your balcony inspection finds that an EEE require repairs, then it really depends on whether or not the inspector’s finding is that the EEE poses an immediate safety concern:

• If your inspector finds that repairs are needed, but that there is no immediate safety concern, then you should apply for a repair permit within 120 days after you receive the inspection report. Once your repair permit is approved, you then have 120 days to complete the work (but note that the city may grant you extensions).

• If your inspector finds that your EEE poses an immediate health and safety threat, then the inspector will likely classify it as an emergency required repair, and will send a copy of the inspection report to your local enforcement agency within 15 days. Your enforcement agency may then declare your building to be “substandard” and send you an abatement notice, along with a time frame to resolve the identified issues.

Note that inspectors are also required to follow multifamily balcony reinspection rules, and as such, they must also track your repairs and notify your local enforcement authority if you do not comply with the repair requirements within 180 days.  And so, as you can see, you a nice grace period to complete repairs.  However, if you don’t repair the faulty EEE (and you aren’t granted an extension to complete repairs), then after 30 days, you may be assessed a hefty daily civil money penalty, as well as a safety lien, until you complete the required repairs.

How to track and schedule future inspections?

As a commercial property owner or manager, you are probably wondering, how should I track and schedule future inspections?  How should I set my property’s balcony and EEE maintenance schedules?  Well we have answers for you below!

It is first worth noting that there are no specific maintenance schedules for EEE within the SB 721 legislation.  Having said that, of course you should become familiar with your building’s apartment balcony maintenance timeline and consider appropriate maintenance schedules to keep your EEE in tip-top shape!  These may include, among others:

• Planning for and conducting regular maintenance, including periodic cleaning and sealing of EEE surfaces, as well as ensuring that their associated drainage systems are working as intended to prevent damaging water intrusion (e.g., have your custodial staff regularly clean and clear debris to ensure that balcony gutters and downspouts are flowing freely).

• Requiring that residents use balconies and other EEE in a proper manner, which contributes to their long-term safety and stability. For example, you must ensure that balconies and EEEs are not overloaded with heavy furniture, planters, or household goods, that whatever weight is placed on EEE’s is evenly distributed, and that the EEE’s maximum weight capacity is not exceeded!

• Finally, as the months and years tick by, don’t just wait for the compliance deadline to have your property’s balconies and other EEE inspected. As your EEE are used and enjoyed, you should require your property’s custodial staff to maintain a regular inspection schedule (say, every few months) so that they can keep an eye on your property’s EEE and identify any warning signs of water damage.  Such damage may appear as rusting, cracking, staining, or discoloration of building materials.  Know that regular inspections are not just a legal requirement, they are also your first line of defense against an unnecessary (and pricey) repair, or worse, a life-threatening disaster!

How long are inspection reports valid?

If you are wondering how long are inspection reports valid, the answer is that you are required to keep copies of at least two inspection cycles of inspection reports in your permanent records.  Moreover, you must also disclose and deliver these reports to a buyer, if you sell the building.