What California Short-Term Rental Hosts Need to Know about Balcony Inspections?

Short-Term Rentals Via Airbnb and VRBO Balcony Inspection Compliance

By Omid Ghanadiof, Founder of DrBalcony Engineering Tech

The California dream: It's a vision of sun-drenched beaches, rolling vineyards, bustling cityscapes, and the promise of endless possibilities. As an Airbnb or VRBO host in the Golden State, you're not just offering a place to stay; you're curating an experience, a slice of that coveted California lifestyle. And often, a balcony with breathtaking views is the jewel in the crown of your listing, the feature that sets your property apart and draws guests in.

But let's not forget that amidst the allure of outdoor living, safety remains paramount. Balconies, while offering a delightful vantage point, also present potential risks if not meticulously maintained and inspected. The tragic balcony collapse in Berkeley serves as a sobering reminder of the consequences of neglecting these vital structures. In response to such tragedies, California enacted stringent balcony inspection laws – Senate Bill 721 (SB 721) and Senate Bill 326 (SB 326) – to safeguard residents and visitors from potential hazards. These laws, while primarily targeting multi-family dwellings, cast a wide net that also encompasses many short-term rentals.

As a host, understanding and adhering to these regulations is not merely a legal obligation; it's a fundamental aspect of responsible hosting and ensuring the well-being of your guests. Navigating the intricacies of these laws, scheduling inspections, and addressing any necessary repairs can be daunting, especially when juggling the demands of managing a successful Airbnb or VRBO.

This comprehensive guide aims to empower short-term rental hosts with the knowledge and tools needed to navigate California's balcony inspection landscape. We'll delve into the specific requirements of SB 721 and SB 326, explore the unique challenges faced by hosts, and provide practical tips for ensuring compliance and creating a safe and enjoyable balcony experience for your guests. Join us as we unravel the complexities of balcony inspections, empowering you to host with confidence and provide your guests with a truly unforgettable California experience.

Understanding California's Balcony Inspection Laws: SB 721 and SB 326

California's commitment to balcony safety is reflected in its robust legislative framework. Two key laws, SB 721 and SB 326, mandate regular inspections of balconies and other exterior elevated elements (EEEs) in multi-family dwellings. While these laws primarily target apartment buildings and condominiums, their implications for Airbnb hosts are equally significant.

• SB 721: A Focus on Apartments and Multi-Family Buildings: Enacted in 2018, SB 721 specifically addresses exterior elevated elements (EEEs) in buildings with three or more units. EEEs include balconies, decks, stairs, walkways, and any other exterior structure elevated six feet or more above ground level and designed for human occupancy or use. Even if you're renting out a single unit within a larger building, your balcony could fall under SB 721 if the building itself meets the criteria.
• SB 326: Broader Scope for Condominiums and HOAs: Passed in 2019, SB 326 expands the reach of balcony inspections to include all condominium associations and common interest developments, regardless of the number of units. This law mandates inspections of all EEEs, regardless of construction material, placing a greater emphasis on comprehensive assessments.

Key Inspection Requirements Under Senate Bills 721 and 326

 Both state laws share certain core requirements: 

• Qualified Inspectors: Inspections must be conducted by licensed professionals, such as architects, structural engineers, or certified building inspectors, who possess the expertise to identify potential safety hazards and structural deficiencies.
• Inspection Frequency: The frequency of inspections varies depending on the law and the type of construction. Generally, inspections are required every six or nine years, with the first deadline for both SB 326 and SB 721 being January 1, 2025.
• Comprehensive Assessment: Inspections encompass a thorough evaluation of the structural integrity of balconies and EEEs, including load-bearing components, waterproofing systems, railings, and other safety features.
• Detailed Reports: Following the inspection, a comprehensive report must be prepared, detailing the findings, identifying any necessary repairs, and providing recommendations for remediation.

Navigating the Unique Challenges for Short-Term Rental Hosts

While adhering to these regulations is imperative for all property owners, short-term rental hosts face additional complexities: 

• Guest Turnover: The frequent turnover of guests in short-term rentals can make scheduling inspections logistically challenging. It's important to plan and communicate effectively with your guests to ensure minimal disruption to their stay.
• Coordination with Property Managers or HOAs: If your short-term rental is within a larger building or complex, you'll need to coordinate with the property manager or HOA to schedule inspections and address any necessary repairs. Maintaining open communication and collaborating effectively is crucial for compliance.
• Liability Concerns: Even if a balcony issue predates your ownership or is the result of faulty construction, you could still be held liable if a guest is injured. This underscores the importance of conducting thorough inspections and addressing any identified problems promptly.

Proactive Measures for Compliance and Guest Safety

To ensure a safe and compliant short-term rental experience, it is suggested you take these proactive steps: 

1. Understand the Laws: Thoroughly familiarize yourself with the specific requirements of SB 721 and SB 326, as applicable to your property. Consult with an expert or legal professional if you have any questions or uncertainties.
2. Schedule Inspections in Advance: Plan your inspections well in advance, taking into account your booking calendar and any peak seasons.
3. Communicate with Guests: Inform your guests about any upcoming inspections or maintenance work that might affect their stay. Set clear expectations and address any concerns they may have.
4. Choose a Reputable Inspection Company: Select an inspection company with expertise in California balcony laws and experience working with short-term rentals. Look for companies that offer flexible scheduling, detailed reports, and clear communication throughout the process.
5. Prioritize Maintenance: Regularly inspect your balcony for signs of wear and tear, such as cracks, loose railings, or water damage. Address any issues promptly to prevent them from escalating into more significant problems.
6. Maintain Open Communication with Building Management: If your Airbnb is part of a larger building, establish a good working relationship with the property manager or HOA. Keep them informed about your rental activities and collaborate on inspection and repair schedules.

At DrBalcony Engineering Tech, they understand the unique challenges faced by short-term rental (Airbnb, VRBO, etc.) hosts in California. They offer flexible scheduling options, rapid turnaround times on inspection reports, and expert guidance on navigating the complexities of SB 721 and SB 326 compliance. The author, Omid Ghanadiof, is the founder of DrBalcony Engineering Tech, a specialized engineering inspection firm located in California. For more information, contact office at (805) 312-8513 or info@DrBalcony.com.