What Is an Exterior Elevated Element (EEE) Under SB 721?

"Exterior Elevated Element" — EEE — is the phrase SB 721 uses instead of just saying "balcony." Understanding what qualifies matters because it determines what your inspector actually has to look at, what has to be repaired, and whether a given structure on your property is in scope at all.

The legal definition

California Health & Safety Code §17973 defines an EEE as any load-bearing component — including any associated waterproofing system — of a building's exterior that (1) extends beyond the exterior walls, (2) is designed for human use, (3) is elevated more than six feet above ground level, and (4) is supported in substantial part by wood or wood-based products.

Structures that qualify

• Balconies (cantilevered and post-supported)
• Decks that project from the building
• Exterior stairways and landings
• Elevated walkways connecting units
• Porches and entry landings above 6 ft
• Catwalks

Structures that do NOT qualify

• • Ground-level patios or decks (not elevated more than 6 ft)
• • Concrete or steel-framed balconies with no wood in the load path
• • Interior stairs and mezzanines
• • Roof decks that aren't designed for regular human use
• • Buildings with fewer than 3 residential units

Why the waterproofing clause matters

SB 721 explicitly folds the waterproofing system into the definition of the EEE. That means a balcony with sound framing but failing deck coating is a non-compliant EEE — the inspector has to flag it, and you're on the hook for the repair. Owners sometimes push back on this because "the wood looks fine." Under the statute, the waterproofing IS part of the element being inspected.