Exterior Elevated Elements (E3)

ANNOUNCEMENT: You have more time to secure a licensed professional to conduct your E3 inspection. January 1, 2026 is the newly extended deadline to complete your E3 inspection, per state law AB 2579, as approved on September 28, 2024. AB 2579 also provides that if the property was inspected within 3 years before January 1, 2019, as specified, then no new inspection is required until January 1, 2026.

This webpage provides guidance on the steps that an apartment owner or manager must take regarding the Balcony Inspection Law, also known as the E3 Law, referring to the exterior elevated elements of a building.

In general, the law applies to apartment buildings with three or more units and that have wood-framed exterior elements, as illustrated below:

3E infograhpic

SB 721 - "Balcony inspection law" Or "E3 Law"

In 2018, California passed SB 721, also known as the Balcony Inspection law or Elevated Exterior Elements (E3) law.

AB 2679 Extends Deadline by a Year to Jan. 1, 2026 – SB 721 set forth a deadline of January 1, 2025 for the first inspection. This has been extended by AB 2579, approved by the Governor on September 28, 2024. The revised deadline is January 1, 2026. AB 2579 also provides that if the property was inspected within 3 years prior to January 1, 2019, as specified, then no new inspection is required until January 1, 2026.

All other aspects of SB 721 remain applicable.

City of San José Summary

City staff have prepared the following summary of the requirements of the law, but it is not a replacement for the full law linked above. You should consult the law and/or a licensed professional for any questions or for a complete understanding of compliance with this law.

Summary of Requirements

Qualifying properties - Apartments with 3+ units. Owners of apartment buildings with three or more units are subject to the law if they have exterior elevated elements that are located more than six feet above adjacent grade, such as decks or stairways,
Purpose of inspection - The purpose of the required inspections is to determine that exterior elevated elements and associated waterproofing materials and methods 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.
AB 2579 extends the deadline to January 1, 2026. Under SB 721, the deadline was formerly Jan. 1, 2025. The deadline has been extended to January 1, 2026, and by January 1 every six years thereafter.
Inspector must be a licensed professional. A current employee of the City of San Jose cannot perform the inspection. You must hire a licensed professional who qualifies as one of the following:
1. Licensed architect
2. Licensed civil or structural engineer
3. An individual certified as a building inspector or building official from a recognized state, national, or international association.
4. A building contractor holding an “A,” “B,” or “C-5” license classification as issued by the California Contractors State License Board, with a minimum of five years experience in constructing multistory wood frame buildings and as a holder of the aforementioned classifications.
Written report. The licensed professional must provide a stamped/signed written report of the evaluation to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection.
If findings include safety threats. The licensed professional must provide a copy of the report to the owner of the building and to the local enforcement agency within 15 days of completing the report if there are any findings or recommendations regarding immediate repairs or advising that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary. See How to Submit a Report below.
Take immediate preventive measures for an emergency condition. If the inspector advises that an exterior elevated element poses an immediate threat to the safety of the occupants, or finds that occupant access should be prevented or that emergency repairs, including shoring, are needed, this constitutes an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance.
Normal corrective work. The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days and correct the condition within 120 days of permit issuance.
Ongoing maintenance is a compliance requirement. The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with E3 inspection law shall be the responsibility of the owner of the building.

How to Submit a Report

Please email questions and reports to: E3@sanjoseca.gov

What to Submit

The licensed professional shall submit the following saved as PDF files:

A brief synopsis of findings
The stamped or signed report

When to Submit a Report

For properties in San José, the licensed professional who conducts the E3 inspection must submit an inspection report to the Code Enforcement Division:

Within 15 days of completion of the inspection for reports that recommend immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary.

The inspection report is not required to be submitted to the City of San José if the licensed professional who conducts the E3 inspection concludes that no emergency repairs or corrective work is required. The inspection report should be kept on file at the property for two inspection cycles or a period of 12 years as required by State law and to prove compliance with the law during routine Multiple Housing inspections or during a complaint investigation.

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FAQs

1. What are “exterior elevated elements”?

Exterior elevated elements are building features that are exposed to weather and have a walking surface more than 6 feet above grade/ground. This includes decks, balconies, landings, stairways, walkways, guardrails, handrails, or any parts of such elements. The E3 program applies only to wood-framed exterior elevated elements and not to balcony or stairwells made completely of concrete or steel.

2. I’ve never had this inspection before. When did this become a requirement?

3. What buildings must be inspected?

4. Who are considered “licensed professionals” by the law?

5. I live in a multi-unit residential building with many balconies. Are the balconies in my building safe?

Your building and its balconies were subject to the California Building Code requirements that were in effect at the time of the building's construction. The intent of the Building Code has always been life safety. The point of the current Exterior Elevated Element (E3) Law is to have balconies and other building elements periodically inspected to ensure these elements have not been compromised over the years.

6. I live in a recently constructed building. Are the balconies in my building required to be inspected?

7. What needs to be inspected to satisfy the inspection requirement?

Any exterior elevated element with wood components that are 6 feet or more above grade need to be inspected. Investigative openings or deconstruction may be required for enclosed structural elements that are not immediately visible. At least 15% of each element shall be sampled if not immediately visible.

The licensed professional will complete a report for the owner. A report must be submitted to the Code Enforcement Division to satisfy the requirement if repair work is found to be required by the investigating inspector.

8. Is forensic investigation or probing required for the inspection of open framing?

9. Will invasive or destructive investigation be needed?

10. What can I do to limit invasive or destructive investigation at the next inspection?

Property owners may consult with their licensed contractor, architect, or engineer on how to add vents or access panels -- if allowed by the state Building Code -- at the locations of the investigative openings that may be needed during the initial inspection. Installing such access panels or vents will require a building permit and must meet all fire and building codes where fire-rated separation is required.

11. How much of the stucco or soffits will need to be opened up?

To verify conditions at the enclosed framing, the licensed professional conducting may create some investigative openings on the underside of the soffits of sufficient size to assess the framing conditions. Such openings will likely focus on areas where moisture can penetrate into the enclosed framing cavities -- typically at the intersection with the exterior wall plane, at the outer edge, under the guardrail posts, under the built-in gutters, etc.

If the property owner desires to have enclosed balconies or decks retrofitted to facilitate cross-ventilation of the enclosed area and to provide access for future inspections, continuous strip vents may be installed on at least two sides of the enclosed soffits perpendicular to the direction of the framing elements if allowed by the Building Code. This work will require a permit and must meet all fire and building codes where fire-rated separation is required.

12. My deck is only a few feet off the ground. Does it still need to be inspected?