Exterior Elevated Elements - SB326 & SB721

Exterior Elevated Elements (EEE) Inspections
Senate Bill (SB) 326 & Senate Bill (SB) 721


Owners of multi-unit buildings (3+ units), condominiums, and home-owner associations with exterior elevated elements which are located more than six feet above adjacent grade, such as decks or stairways, must hire a licensed or certified professional to perform a safety inspection.

The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements 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. The person or business performing the inspection shall be hired by the owner of the building.

Building permits may be required for repairs. Any work including framing and/or waterproofing will require building permits. Please contact the Building Division at building@townoftiburon.org or by phone at 415-435-7380 with any questions.

You can find the complete legislature at the following links: SB326 and SB721

examples of exterior elevated elements include elevated wood and metal decks, balconies, decks, land

Senate Bill 326 & Senate Bill 721 FAQ


SB 326

SB 721

Applies to

Condominiums and homeowner associations
Common interest developments

Multi-family apartment buildings containing three or more dwelling units

Inspection FrequencyCondominiums and homeowner associations must complete the first inspection by January 1, 2026, and re-inspect them at a minimum of every nine years.Owners of buildings with three or more units must complete the first inspection by January 1, 2026, and re-inspect them at a minimum of every six years.
Who can perform inspectionsThe Inspection Report of exterior elevated elements and associated waterproofing elements must be performed and certified by licensed structural engineer or architectThe Inspection Report of exterior elevated elements and associated waterproofing elements must be performed and certified by a licensed architect, civil or structural engineer, or a certified building inspector. Other acceptable inspections and reports may be performed by building contractors who hold specified licenses or individuals who are certified as a building inspector or building official.

However, contractors may not perform the repairs of any deficiencies or repairs found during their inspection. Repairs need to be made by licensed contractors other than the one performing the inspection. 
Inspection ReportingIf the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and the Building Division within 15 days of completion of the report.

Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the Building Division, with Building Division permit approval and issuance, if required.		Inspection reports are required be presented to the owner of the building within 45 days.

If the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report must be delivered to the owner of the building within 15 days and repairs be undertaken, with Building Division permit approval and issuance, if required.

The nonemergency repairs made under these provisions would be required to be completed within 120 days, unless an extension is granted by the Building Division.
Additional RequirementsCommon interest developments/owners must keep inspection reports on-site for at least two inspection cycles.

The inspection report must be included in the reserve study.		Owners must keep inspection reports on-site for at least two inspection cycles.

If the owner sells the building, they must send the inspection reports to the new owner.