Table of Contents
EBEWE (Existing Buildings Energy & Water Efficiency) Program
The Los Angeles EBEWE ordinance (LAMC 91.9701) requires annual energy and water benchmarking for all non-residential and multifamily buildings over 20,000 sq ft, plus a recurring Audit & Retro-commissioning (ARC) requirement every 5 years.
Who has to file?
Non-residential buildings (office, retail, hotel, industrial, institutional) and multifamily buildings of 5 or more units that are 20,000 sq ft or larger. The ordinance covers approximately 20,000 buildings in the City of Los Angeles.
Annual Benchmarking Deadline
June 1 of each year for the prior calendar year's data. Submissions go through ENERGY STAR Portfolio Manager.
5-Year ARC Cycle
Every 5 years, buildings must complete either an ASHRAE Level II energy audit and retro-commissioning, OR demonstrate high performance (ENERGY STAR score of 75+, LEED Gold+, or 15 percent reduction from baseline). ARC compliance is staggered by building footprint size.
Penalties
$202 for first annual violation. Continuing non-compliance: $505 to $2,020 per year. Failure to complete the 5-year ARC requirement: higher, building-specific penalties apply.
Key Fact
LA EBEWE covers more building types than most other cities' benchmarking laws. The ARC component (audit + retro-commissioning every 5 years) is the most operationally demanding part, not the annual benchmarking, because it requires on-site engineer time.
SB 721: Balcony & Exterior Elevated Element Inspections
California Senate Bill 721 requires periodic inspection of exterior elevated elements (EEEs), balconies, decks, stairways, walkways, and their supports, on multifamily buildings of 3 or more units. The original SB 721 deadline was January 1, 2025; a second inspection cycle runs every 6 years thereafter.
Who has to file?
Any multifamily residential building with 3 or more dwelling units that has exterior elevated elements supported in whole or in part by wood or wood-based products. Condominium buildings are covered under SB 326 (which has different timing but similar intent).
Inspector qualifications
Inspections must be performed by a licensed architect, civil or structural engineer, or certified building inspector with 5+ years of relevant experience. Reports must be maintained by the owner and provided to the local enforcement agency on request.
What's inspected
- At least 15 percent of each type of EEE on the property.
- Weatherproofing elements including flashing, membranes, coatings, and sealants.
- Visual and instrumented assessment of load-bearing wood components.
- Identification of water intrusion, dry rot, fungus, and insect damage.
Penalties
$100 to $500 per day for each EEE in violation after notice of non-compliance. In Los Angeles, LADBS also retains authority to order tenants evacuated from unsafe balconies.
Soft Story Retrofit Ordinance
Los Angeles Ordinance 183893 (Soft-Story Retrofit Program) requires seismic retrofit of wood-frame buildings with open-front or weak first-story conditions, most often buildings with tuck-under parking.
Who has to file?
Wood-frame buildings with 2 or more stories built under building code standards in place before January 1, 1978, that have a soft, weak, or open-front wall line. Approximately 13,500 buildings were originally identified.
Compliance timeline
- Within 2 years of order: Submit proof of completed retrofit or structural plans showing compliance.
- Within 3.5 years of order: Obtain a permit to start construction.
- Within 7 years of order: Complete construction and obtain final approval.
The original Soft Story program has been underway since 2015. Remaining non-compliant buildings are now subject to active enforcement.
Penalties
Non-compliance triggers Order to Comply with daily fines, ultimately leading to substandard building designation, withholding of rental rights, and potentially an order to vacate.
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Request a DemoTitle 24 Energy Code
California Title 24, Part 6 (Building Energy Efficiency Standards) governs energy design for new construction, additions, and certain alterations. Compliance documentation is required at permit issuance, inspection, and occupancy.
What triggers Title 24 filing?
- New construction (always).
- Additions over certain square footages.
- Alterations to lighting, HVAC, envelope, or domestic hot water systems.
- Certain commercial equipment replacements.
Forms
CF1R (Certificate of Compliance), CF2R (Installation Certificate), CF3R (Acceptance Test Certificate). Acceptance testing must be performed by a certified Acceptance Test Technician (ATT).
Penalties
Failed acceptance testing delays Certificate of Occupancy. Willful non-compliance or falsified CF forms can trigger state-level penalties up to $25,000 per violation plus license revocation for the signing professional.
Elevator Inspections
Elevator inspection in California is administered at the state level by the California Division of Occupational Safety and Health (Cal/OSHA) Elevator Unit. Los Angeles buildings follow the same rules as the rest of the state.
Requirements
- Annual inspection by Cal/OSHA-certified Qualified Elevator Inspector (QEI).
- Cat 1 annual testing, Cat 5 full load testing every 5 years.
- Permit to operate (POS, formerly called Permit of Operation) must be posted and current.
Penalties
Operating without a valid POS: up to $250 per day per device. Unsafe elevators can be red-tagged (taken out of service) immediately by Cal/OSHA.
Boiler & Pressure Vessel
California Cal/OSHA Pressure Vessel Unit inspects and certifies boilers and pressure vessels statewide. Annual inspection is required for most commercial steam and hot water boilers.
Requirements
- Annual external inspection by state-deputized inspector.
- Internal inspection every 2-3 years depending on boiler type.
- Posted Permit to Operate with Cal/OSHA seal.
Penalties
Expired permit: daily fines plus potential red-tag of the equipment. Operating an unpermitted boiler: up to $7,000 plus shutdown order.
Cooling Tower & Airborne Toxic Control Measure
California's ATCM (Airborne Toxic Control Measure) for chrome plating facilities and cooling towers has specific testing and reporting requirements. Los Angeles cooling towers also fall under the SCAQMD (South Coast Air Quality Management District) rules.
Requirements
- Registration with SCAQMD for cooling towers over specific capacity thresholds.
- Periodic drift eliminator inspection and maintenance.
- Anti-legionella water management plan (recommended even where not required).
- Periodic reporting to SCAQMD and local health authority.
Penalty Schedule Summary (typical LA commercial/multifamily building)
| Ordinance | Penalty Type | Amount |
|---|---|---|
| EBEWE (benchmarking) | First annual violation | $202 |
| EBEWE (benchmarking) | Continuing | $505 to $2,020/year |
| EBEWE (ARC) | Missed 5-year cycle | Building-specific, typically $2,000+ |
| SB 721 (EEE) | Per EEE after notice | $100 to $500/day |
| Soft Story | Order to Comply non-compliance | Daily fines + potential vacate |
| Title 24 | Falsified CF forms | Up to $25,000/violation |
| Elevator | Operating without POS | Up to $250/day/device |
| Boiler | Unpermitted operation | Up to $7,000 + shutdown |
How Filing Actually Works in Los Angeles
LA compliance filing spans multiple city and state agencies:
- LADBS (LA Department of Building & Safety) — Soft Story, building permits, code enforcement.
- LA Department of Water & Power / Better Buildings Challenge — EBEWE benchmarking and ARC.
- ENERGY STAR Portfolio Manager — Annual benchmarking data submission.
- Cal/OSHA — Elevator and boiler permits (state-level).
- SCAQMD — Cooling tower and combustion source permitting.
- Property Owner's Own Records — SB 721 balcony inspection reports must be retained on-site and made available on demand.
Practical tip: SB 721 is owner-retained, not automatically filed with any agency. That means a missed inspection often only surfaces during a complaint, injury, or tenant dispute, which makes it one of the highest-liability gaps in LA portfolios.
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