Cal. Civ. Code §5551
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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 Jul 4, 2026
Source Official text

Reviewed · California changes feed

Statutory Text Verified Aug 5, 2026 · CA_LEG_INFO
Civil Code - CIV DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) 5551. (a) For purposes of this section, the following definitions apply: (1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water. (2) “Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system. (3) “Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products. (4) “Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent. (5) “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology. (b) (1) At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural or civil engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility. (2) The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards. (c) Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use. (d) The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection. (e) Based upon the inspector’s visual inspections, further inspection, and construction and materials …
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 July 4, 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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