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

"Exterior Elevated Element" — usually shortened to EEE — is the term California's SB 721 uses for certain elevated structures and their associated waterproofing elements. This article explains how Health and Safety Code §17973 defines the term, why waterproofing is included, and how the statutory language relates to balconies, decks, stairs, walkways, porches, and entry structures.

The statutory 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.

Terminology and load-bearing components

"Load-bearing component" means the parts that carry the weight of the structure and the people using it — joists, ledgers, beams, posts, and the connections and fasteners that tie them together. The statute's language is about that structural support, not about what the surface looks like. In plain English, the element is the whole assembly that holds a person up in the air.

Why associated waterproofing is included

SB 721 folds the associated waterproofing system into the definition of the EEE. That is deliberate: water intrusion is what degrades wood framing and hardware in the first place. So the deck coating, membrane, and flashing that protect the framing are part of the element being inspected, not separate finishes — a balcony with sound framing but failing waterproofing is still a condition the inspector evaluates and reports.

Plain-English examples

• Typically in scope: cantilevered and post-supported balconies, projecting decks, exterior stairways and landings, elevated walkways between units, and porches or entry landings more than six feet up with wood-based structural support.
• Typically out of scope: ground-level patios and decks that are not elevated more than six feet, interior stairs and mezzanines, and structures not designed for human use.

Separately from the definition of an element, SB 721's building-coverage threshold applies to buildings with three or more multifamily dwelling units. A smaller building is generally outside that coverage threshold — but that is a question of which buildings the statute reaches, not a change to what physically constitutes an Exterior Elevated Element.

To determine element by element whether structures on your property meet the statutory tests, use our EEE applicability checklist for property owners.