Exterior Elevated Elements Inspection Program (E3)

Owners of buildings with three or more dwelling or sleeping units must hire a licensed professional to inspect the building’s exterior elevated elements to ensure they are in a general safe condition and free of deterioration that could pose a safety hazard. Complete the inspection and submit an Inspection Certification form by the deadline for each inspection cycle or submit an Exemption Declaration if the requirement does not apply to your property. 

Multifamily rental properties should have been inspected by March 31, 2022, and re-inspected every six years moving forward. Condominium projects with exterior elevated elements containing three or more dwelling units should be inspected by January 1, 2025, and then at least once every nine years. The City of Berkeley has granted associations an extension to comply with E3 Inspection Program requirements. The inspection certification for condominium projects is due no later than May 1, 2026. 

Berkeley property owners in compliance with the Exterior Elevated Elements (E3) Program are not required to provide additional documentation to the State of California to show compliance with SB 721 and SB 326. 

HAVE YOUR BUILDING inspectED and submit an Inspection Certification

If you own a building with three or more dwelling or sleeping units that has exterior elevated elements which are located more than six feet above adjacent grade, you will need to comply with this program. To comply, follow the steps below:

• Hire a licensed or certified professional to perform an inspection. Condominium properties must hire a licensed structural engineer, civil engineer or architect.
• Have your licensed or certified professional fill out an Inspection Certification.
• Submit the Certification by email, by postal mail or online.
  • By email: E3@berkeleyca.gov
  • By mail:
    Exterior Elevated Elements Program
    1947 Center Street, 3rd Floor
    Berkeley, CA 94704
• If the inspection found issues that need correcting, you may need to apply for a building permit (refer to the permit requirements handout for details). Follow the steps and deadlines below:
• Apply for a permit to correct non-emergency repairs within 120 days of submitting the certification.
• Complete all corrective work within 120 days of obtaining the permit approval.
• Once work is complete, get a second inspection and submit a new Inspection Certification form.

The requirement applies to multi-unit residential buildings with exterior elevated elements

The requirement applies to all residential buildings with three or more sleeping or residential units. This includes:

• Apartment houses, tenants in common and live/work units
• Condominium projects  
• Boarding houses, dormitories, fraternities, sororities, convents and monasteries
• Hotels, motels and vacation timeshare properties
• 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, which are defined as:

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

Examples of exterior elevated elements include elevated wood and metal decks, balconies, decks, landings, stairway systems, walkways, guardrails, and handrails. Fire escapes are not included, since they are inspected annually by the Fire Department.

If the requirement does not apply to you because of the building type or because your building does not have exterior elevated elements, fill out and submit an Exemption Declaration form.

Answers to questions about this program can be found under Frequently Asked Questions. 

Hire a licensed professional to inspect the exterior elevated elements

To comply with the requirement, hire a licensed or certified professional to perform the inspection and fill out an inspection certification form. Inspection of condominium projects is limited to licensed structural engineers, civil engineers or architects, per Code of Civil Procedure Section 5551.

The City of Berkeley cannot provide recommendations for licensed and certified professionals, but the Directory of Licensed Professionals provided by the Berkeley Property Owners Association may be a helpful resource.

Licensed professionals include the categories below, with current licensure in California:

• Licensed general contractors
• Licensed architects
• Licensed civil engineers and licensed structural engineers 

Certified Professionals (excluding City of Berkeley employees) include the categories below:

• Certified Building Inspectors, ICC B5 or equivalent
• Certified Building Officials, ICC CB or equivalent

The licensed or certified 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.

Get a re-inspection every E3 PROGRAM CYCLE

Properties with exterior elevated elements are required to submit an inspection certification form verifying the property is in compliance by the designated deadline for each 6-year or 9-year inspection cycle. Per Berkeley Municipal Code 19.40.040, cyclical inspections shall be completed by March 31, 2022 and every six years thereafter (excluding condos). Condominium projects with exterior elevated elements containing three or more dwelling units shall be inspected by January 1, 2025, and then at least once every nine years. (The City of Berkeley has granted associations an extension to comply with E3 Inspection Program requirements. The inspection certification for condominium projects is due no later than May 1, 2026.)