Both of California’s balcony laws, SB 721 for apartments and SB 326 for condo associations, revolve around one defined term: the exterior elevated element, or EEE. Whether a component counts as an EEE decides whether it must be inspected at all. Here is the definition in plain language, with examples from San Diego buildings we inspect.
The definition, unpacked
An exterior elevated element is a load-bearing component together with its associated waterproofing that meets all of these tests:
- It extends beyond the exterior walls of the building
- Its walking surface sits more than six feet above the ground
- It is designed for human occupancy or use
- It relies in whole or substantial part on wood or wood-based products for structural support (this is the SB 721 and SB 326 trigger for wood-framed systems)
What typically counts
- Balconies serving individual units
- Decks, private or shared
- Exterior walkways and breezeways, the shared corridors on garden-style complexes
- Exterior stairways and landings, including the stringers and treads
- Entry structures and porches that meet the height test
- The railings and guardrails attached to all of the above
- The waterproofing that protects the structure: deck coatings, flashings, membranes
What usually does not count
- Ground-level patios and walkways under six feet of elevation
- All-concrete or all-steel systems with no wood in the load path (these may fall outside the wood-frame trigger, which is the basis for many exemption letters)
- Roofs that are not designed for occupant use
- Interior stairs and corridors
Why the waterproofing is part of the element
The laws treat waterproofing as part of the EEE because water is what kills these structures. A balcony fails when years of moisture reach concealed joists through a cracked coating or a bad flashing detail. That is why a compliant inspection evaluates the coating and drainage along with the framing, and why our field process includes water spray testing and moisture metering, not just a visual pass. You can see the process on our SB 721 page and SB 326 page.
Edge cases we get asked about
Second-floor walkway over a garage
If the walking surface is more than six feet above grade, extends beyond the exterior wall, and rides on wood framing, it counts, even when a garage sits below.
Steel stairs with wood landings
Mixed systems count when wood carries substantial load anywhere in the assembly. The wood landing is an EEE even if the stringers are steel.
Juliet balconies
A guardrail across a door opening with no walking surface generally is not an occupiable element, though the railing attachment still deserves attention during any inspection.
What this means for your building
Count your element types before you price an inspection. The statutes require a sample of each type, so a complex with balconies, walkways and stairs is a three-type inspection even if the walkway count is small. Owners unsure whether their construction triggers the law at all can start with a site evaluation for an exemption determination.
We inspect exterior elevated elements across San Diego County. Call (619) 752-4399 or schedule online.
