What SB 326 and SB 721 actually require
Both statutes exist to protect residents who use balconies, walkways, landings, stair systems, and similar structures. The laws refer to these as exterior elevated elements, often shortened to EEE. The core question is always the same. Are the load bearing components and the associated waterproofing systems in a generally safe condition and performing to accepted standards today.
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Condominiums and community associations under SB 326
- A reasonably competent and diligent visual inspection is required.
- The inspection must be performed by a licensed structural or civil engineer or an architect.
- A random and statistically significant sample of EEEs must be inspected on a recurring cycle.
- The law defines visual inspection as the least intrusive method necessary, which can be observation alone or observation with tools such as moisture meters, borescopes, or infrared cameras.
Apartments and multifamily buildings under SB 721
- Inspect a required portion of EEEs in buildings with three or more dwelling units.
- The sample must include at least fifteen percent of each EEE type.
- Eligible inspectors include licensed engineers and architects, certain licensed contractors with specific experience, and certified building inspectors or officials as accepted by the local jurisdiction.
- Evaluation is by direct visual examination or a comparable means that allows the inspector to judge performance.
You can read the statute here: California Health and Safety Code section 17973Important note for owners
Cities and counties can adopt stricter rules. Your inspection partner should confirm any local requirements at kickoff and build those into the scope.
Borescope basics
A borescope is a slim camera with a small light. An inspector can insert it through a small opening to see inside concealed framing spaces such as a closed soffit below a balcony. The device can be useful when you have a very specific area of concern, for example at a rust stained support post collar or at a deck to wall transition with staining observed at the soffit below.
The limitation is field of view. Framing is divided into many narrow bays. A single opening shows only a small sliver of one bay. On a typical cantilevered balcony with many bays, you might need a couple dozen openings just to sample both the outer edge and the area near the wall. Even then you would still be looking at a small percentage of the total framing.
What this means in practice
A borescope is a tool, not a requirement. It belongs in the tool bag for targeted confirmation after the inspector sees something on the surface that suggests a hidden problem. Starting every inspection by drilling holes at random is not what the law asks for and is not the most reliable way to judge overall safety.
Least intrusive first
Both statutes instruct inspectors to begin with the least intrusive method. In simple terms, a trained eye comes first. Tools come second, and selective opening comes only when the visual evidence supports it.
What a trained visual inspection can reveal
- Surface movement and soft spots underfoot that suggest a compromised substrate
- Cracked or separated coatings at posts, scuppers, and terminations
- Poor slope and ponding that prematurely degrade waterproofing integrity and drastically shorten service life
- Flashing details at doors, edges, and rail attachments that telegraph water entry
- Fastener corrosion, staining, and other visual clues consistent with known failure patterns
- Differences among systems, such as cementitious acrylics and urethanes, that change how problems present
When the visual evidence points to possible hidden damage, the inspector may add a moisture meter, thermal imaging, or a borescope to focus the investigation. If deterioration is confirmed, any exploratory opening and the repair work should occur from the top so the waterproofing can be removed and rebuilt correctly. Opening from the bottom does not restore a waterproof assembly and often misses the true path of water.
When a borescope is the right move
Use a borescope to confirm or map what the visual inspection of the surface already implies, and when the use requires justification for further investigation. Common triggers include:
- Cracks or failed waterproofing sealant around a post base
- Significant staining at the outer edge near drip flashings
- Rust at rail attachments or metal components that penetrate the surface
- Chronic leaks reported below a walkway or balcony
- Spongy feel of the waterproofing assembly or substrate
In each case, a borescope provides a targeted look inside the suspected bay. If deterioration is visible, the repair plan can proceed with confidence and with the right scope. If conditions look sound, the owner may avoid unnecessary openings and patching.
When a borescope becomes noise instead of signal
Random drilling across dozens of soffits creates patch work and cost without delivering reliable coverage. You still see only a small slice of the framing, and you may miss the few bays that matter. Worse, a poor sample can lead to a false sense of security or to blanket repair recommendations that are not tied to real defects. The statutes expect a professional to gather evidence, select the least intrusive method, and escalate only when warranted.
Who should perform the inspection
Eligibility is defined in each statute, but qualification is more than a license. These inspections live at the intersection of structure and waterproofing.
- On SB 326 work, the inspector must be a licensed structural or civil engineer or an architect. Expertise in building envelope and waterproofing is critical, since water is usually the root cause of structural decay on EEEs.
- On SB 721 work, the statute allows a broader list of eligible professionals. Again, practical experience with deck systems and repair methods raises the quality of the findings and helps avoid intrusive work that is not necessary.
A team that knows the major deck systems and how they fail can distinguish a topcoat blemish from a true waterproofing failure, can identify high risk details at a glance, and can prioritize openings only where they add value.
How West Coast Deck Inspections approaches SB 326 and SB 721
Our process was built around the letter of the law and the realities of the field. It is also informed by decades of reconstruction and forensic water testing and evaluation.
Step one. Full property walk
We identify each balcony, walkway, landing, and stair system. We document system type, exposure, and related details that drive risk. We build the report to satisfy the statute that applies to your property.
Step two. Visual diagnosis
We observe slope, ponding, and signs of movement. We review transitions, flashings, door thresholds, posts, and terminations. We look for staining, corrosion, system degradation and sealant failure. We note any details that suggest component degradation and/or a path for water into unintended areas.
Step three. Targeted tools
When the surface reveals a concern of active moisture intrusion, we may deploy moisture readings, thermal imaging, or borescope views to confirm or localize the problem. Tools are used where they add clarity, not by default.
Step four. Open from the top when needed
If hidden decay is likely or confirmed, we recommend exploratory openings at the walking surface to confirm the extent of the compromised components needing repair or replacement. Removing the failed components is the only way to properly repair the waterproofing and restore capacity. Opening from the bottom does not deliver a repair to the waterproofing assembly.
Step five. Clear reporting and next steps
Your report explains what we saw, what it means, and what to do next. For apartments, it identifies the required percentage and any additional areas that merit attention. For associations, it documents the observations and the findings in a way that boards and managers can understand and act on
Ready to see how this would look on your property?
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Examples from the field
The webinar walked through several real conditions that illustrate how visual inspection leads the process.
- A deck coating cracked at a post base with rust around the fasteners. The surface alone told us the connection was likely taking on water. The right next step was to open the area from the top and rebuild the penetration detail.
- Staining on a single wood block inside a bay that did not extend to the joist or sheathing. That pattern often traces back to wood that arrived at the site already stained or encountered moisture at the framing stage rather than an active leak post construction. In that situation, borescope images must be interpreted by someone who knows how deck failures usually present.
- A clean, newer building with no visual evidence of problems. In that case, an intrusive approach was not necessary to complete a compliant inspection. The client stayed in compliance without drilling or cutting that would have required patching across many soffits.
These examples point to a simple principle. Let the surface guide you. Use tools as helpers, not as a starting point.
Practical guidance for boards and owners
Start early
Inspection schedules fill fast, and careful sampling takes planning. A timely start avoids rush decisions and change orders.
Invite the right stakeholders
A manager or board member who knows the property history can save time by pointing out past repairs, chronic leaks, and units with reported issues.
Plan for access and communication
Advance notices, keys, dogs, and parking matter. A clear plan keeps disruption low and improves the quality of the inspection.
Expect a punch list, not just a pass or fail
A good report prioritizes conditions from maintenance items to more urgent repairs. That makes it easier to budget and to coordinate with affected residents.
Treat repairs as small construction projects
When opening is needed, consider scope, staging, protection, and warranty. Repairs should be completed by qualified firms that understand waterproofing systems, including sheet metal transitions, not just framing.
Frequently Asked Questions
Do we need holes drilled if everything looks clean
Not necessarily. The laws call for the least intrusive method. If there is no visual evidence of failure, an inspector can complete a compliant inspection without drilling.
How do SB 326 and SB 721 differ in sampling
Homeowner associations follow a 95% minimum statistically significant sample. Apartments must inspect at least fifteen percent of each EEE type. Your report should show how the plan meets those thresholds.
Who keeps the reports
Owners and associations should retain the inspection report and related documentation for future cycles. Homeowner Associations must incorporate the report in their Reserve Study. Your manager can help set up a simple retention plan.
If a borescope shows damage, do we still have to open the surface
Yes. A borescope is a viewing tool. Durable repairs require opening from the top so the waterproofing can be rebuilt correctly.
Can our city require more than the state minimum
Yes. Local authorities can and sometimes do add requirements. Your inspector should check those at the start.
About West Coast Deck Inspections
Mark Marsch, Principal Consultant
Mark has more than forty years in construction with a focus on decking, waterproofing, and forensic water intrusion. He brings that experience to every SB 326 and SB 721 project, from the first walk to the final report.
Our role
We provide impartial inspection and consulting. We do not sell repair work. That keeps the findings objective and the recommendations focused on safety and compliance.
Coverage
We serve communities across Southern California. Apartment owners, managers, and association boards rely on us for clear reporting and practical next steps.
Explore related pages:
- SB 326 inspections for associations
- SB 721 inspections for apartments
- Deck waterproofing and repair consulting
- Contact our team
A Simple Path Forward
- Share your property details and any past reports.
- We confirm the statute that applies and build a compliant report.
- We perform the least intrusive inspection that comply with the requirements of the law and properly answers the safety question.
- If the evidence supports it, we use the latest targeted tools such as a borescopes, moisture meters and thermal imaging cameras.
- When necessary, we recommend openings from the top and provide a clear repair recommendation.