Exterior Elevated Elements (E3) Program

The Exterior Elevated Elements (E3) Program is designed to protect public safety, provide guidance related to E3 submittals, and to give a concise, streamlined process, that will assist in making the necessary repairs or upgrades to required structures. California State Senate Bill (SB) 721 was approved on September 17, 2018. This Bill amended various code sections relating to building standards requiring local jurisdictions to regulate multi-family inspections of E3s. On August 30, 2019, California State Senate Bill, SB 326 was approved to further amend the code to include inspection standards for condominium associations. The purpose of these laws is to monitor the maintenance of the structural integrity of the building components supporting E3s and provides concise standards for inspections of these structures. 

E3s of buildings with three or more dwelling units must be inspected by a California-licensed architect, California-licensed civil or structural engineer. These inspections will identify supporting elements that exhibit signs of deterioration (e.g., corrosion, fungal decay, insect infestation) and determine if the extent of the deterioration has compromised the load-carrying capacity of the supporting elements.

New Deadline is January 1, 2026

On September 28, 2024, California’s Governor approved bill AB 2579. Passed by the Assembly and Senate, Assembly Bill (AB) 2579 will extend the deadline for the initial balcony inspection to January 1, 2026.

AB 2579 amended SB 721 which provides authority for the City to enter and inspect any buildings or premises whenever necessary to secure compliance with or prevent a violation of the building standards published in the California Building Standards Code and other rules and regulations that the City has the power to enforce. Existing law requires an inspection, by January 1, 2025, and by January 1 every six years thereafter, of exterior elevated elements for buildings with three or more multifamily dwelling units. The new deadline will be January 1, 2026. 

Note: The deadline for SB 326 (Condominiums) remains as January 1, 2025. 

Contact City staff with questions at 310-456-2489, ext. 390 or via email mbuilding@malibucity.org.

BUILDINGS with THree or More Units

The requirement applies to all residential buildings including:

  • Apartment houses, tenants in common and live/work units  
  • Dormitories, fraternities, sororities, convents, and monasteries
  • Hotels, motels, and vacation timeshare properties
  • Boarding houses and congregate residences (transient with more than 10 occupants and non-transient with more than 16 occupants)
  • Residential Assisted Living Facilities and Social Rehabilitation Residential Facilities  

This requirement applies to all exterior elevated elements including:

  • weather-exposed (i.e., not interior)
  • extend beyond exterior walls 
  • located more than six feet above adjacent grade
  • wood or steel framed

E3 Examples: balconies, exterior walkways, decks, exterior stairs and landings, guards, and associated handrails.

Exterior Elevated Elements Diagram

LICENSED PROFESSIONAL TO INSPECT THE E3S

To comply with the requirement, hire a California-licensed professional (architect, civil engineer, or structural engineer) to perform the inspection and fill out an inspection certification form. 

The licensed professionals will follow the Inspection Guidelines to check that exterior elevated elements are in general safe condition, adequate working order, and do not exhibit signs of deterioration, decay, corrosion, or similar damage that could pose a safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected elements.

Initial INSPECTion AND Process

Complete the inspection and submit an Inspection Certification form by the deadline. Follow the steps below for the inspection process to comply with the requirement. 

  1. Hire a California-licensed professional to perform an inspection
  2. Have a California-licensed professional complete an Inspection Assessment Report and Certification
  3. Submit the Certification by email or by postal mail
    • By email:  Mbuilding@malibucity.org
    • By mail:    Malibu City Hall, Exterior Elevated Elements Program, 23825 Stuart Ranch Rd, Malibu, CA 90265

Tier 1: Screening Procedure

Tier 2: Evaluation and Remediation

  • If the inspection found issues that need correcting, you will need to submit a plan check application through the online Development Portal. Click on "New Application" under the Building Safety tile.

INSPECTION Schedule

Complete the inspection by the deadline and then by January 1 according to the schedule below. Reports that indicate an emergency condition or pose a threat to public safety must be submitted to the Building Official within 15 days. 

  • Property Owners: every six years
  • Condominium Associations: every nine years
  • The owner of the building is responsible for the continued and ongoing maintenance of E3s in a safe and functional condition in compliance with state and local mandates.

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