Cal. Civ. Code §5551

Inspection of exterior elevated elements — SB 326

Enacted by SB 326 in 2019 after the 2015 Berkeley balcony collapse that killed six people. Requires condominium associations of buildings with three or more multifamily dwelling units to have exterior elevated elements (balconies, decks, stairways, walkways, railings supported by wood or wood-based products) inspected by a licensed structural or civil engineer or architect at least once every nine years. The initial deadline was January 1, 2025; subsequent inspections every nine years thereafter, synchronized with reserve study cadence. Buildings where inspection reveals immediate threat must close access and notify code enforcement within 15 days.

Status Active
Effective Jan 1, 2019
Verified May 24, 2026
Source Official text

Reviewed · California changes feed

Compliance
Ref Requirement
SB 326 exists because of the 2015 Berkeley balcony tragedy — a wood-framed balcony collapsed during a birthday party, killing six. The law forces routine engineering inspection of similar structures so concealed dry rot or fastener failure is caught before another collapse.
(a) SB 326 covers California condominiums with three or more attached units that have wood-framed balconies, decks, stairs, or walkways elevated more than six feet above the ground. Single-family detached and small duplex/triplex stick-built without elevated elements are not covered.
(b) Every nine years the condo board must hire a licensed structural engineer, civil engineer, or architect to inspect a statistically significant sample of the balconies, decks, and walkways. The first round was due by January 1, 2025; the next is by January 1, 2034.
(c) The inspector's written report must document the current condition, estimate remaining life, recommend any repairs, and be certified by the inspector. The findings then feed directly into the reserve study so that funding can be allocated to repairs identified.
(e) The board is personally accountable for SB 326 compliance — both the inspection itself and any repairs identified. Inspection cost and major repair cost must be modeled in the reserve study so adequate funding is collected over time.
Enforcement
Ref Requirement
(d) If the inspector finds an immediate hazard — a balcony at risk of collapse, a rotted stair, a failing railing — the HOA must close access immediately (lock it, fence it, post warning) and notify the city building department within 15 days. Failure to act is a direct breach of statutory duty.
Legal references last verified May 24, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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