What Counts as an Exterior Elevated Element?

Use this checklist to evaluate, element by element, which structures on a covered property may fall under SB 721. Balconies, projecting decks, porches, exterior stairways and landings, and common-area walkways generally qualify when they meet the statute's requirements for location, elevation, human use, and wood or wood-based structural support. The four tests, common exclusions, and edge cases below help owners prepare for a professional inspection.

The four scope tests

1. Projects beyond the building's exterior wall
2. Designed for human occupancy or use
3. Elevated more than 6 feet above adjacent grade
4. Structural support includes wood or wood-based products

All four have to be true. Miss any one and the structure falls outside SB 721 — though local code may still apply. For the statutory definition and terminology behind these tests, see what an Exterior Elevated Element is under SB 721.

Applicability checklist

• Balconies — cantilevered or post-supported, projecting from the building
• Decks that project beyond the exterior wall
• Exterior stairways, landings, and catwalks
• Common-area walkways connecting units
• Porches and entry landings more than six feet above grade

Components evaluated

• Load-bearing framing: joists, ledgers, posts, and their connections
• Fasteners and hardware, especially where corrosion accelerates
• Waterproofing membranes and deck coatings
• Flashing at the building envelope tie-in
• Guardrails and their attachment points

Common exclusions

• • Ground-level patios and decks not elevated more than six feet
• • Interior stairs and mezzanines
• • Structures not designed for human use
• • Buildings below SB 721's coverage threshold of three or more multifamily dwelling units

Edge cases requiring professional judgment

Concrete or steel structures that include wood railings, decking, finishes, or other secondary components are the most common ambiguity. Coverage depends on whether wood or wood-based products participate in the qualifying structural support or stability of the element — nonstructural wood finishes alone do not automatically determine coverage. A concrete balcony is not automatically covered simply because it has wood guardrail posts, and a steel-framed balcony with wood decking is not automatically excluded. A qualified inspector should evaluate these conditions on the actual structure rather than from a general rule.