Code compliance agency; duties and powers of the code official

Grounded in the retrieved California Existing Building Code — click a citation to read the verbatim passage:

• CEBC § 102.4 High relevance — show source text

  [A] 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.

  Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall govern.

  [A] 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

  [A] 102.4.2 Conflicting provisions. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

  [A] 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

  PART 2—ADMINISTRATION AND ENFORCEMENT

  SECTION 103—CODE COMPLIANCE AGENCY

  [A] 103.1 Creation of agency. The [ INSERT NAME OF DEPARTMENT ] is hereby created, and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

  [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction.

  [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.

  SECTION 104—DUTIES AND POWERS OF CODE OFFICIAL

  [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code.

  [A] 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of this code’s provisions. Such interpretations, policies, and procedures:

  1. Shall be in compliance with the intent and purpose of this code.
  2. Shall not have the effect of waiving requirements specifically provided for in this code.

  [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the code official.

  [A] 104.2.2 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.

  [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

• CEBC § 104.1 High relevance — show source text

  SECTION 104—DUTIES AND POWERS OF CODE OFFICIAL

  [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code.

  [A] 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of this code’s provisions. Such interpretations, policies, and procedures:

  1. Shall be in compliance with the intent and purpose of this code.
  2. Shall not have the effect of waiving requirements specifically provided for in this code.

  [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the code official.

  [A] 104.2.2 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.

  [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

  [A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

  [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.

  [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official.

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  [A] 104.2.3 Alternative materials, design and methods of construction, and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative is not specifically prohibited by this code and has been approved.

  Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the ICC Performance Code. This exception shall not apply to alternative structural materials or to alternative structural designs.

  [A] 104.2.3.1 Approval authority. An alternative material, design or method of construction shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3.2 through 104.2.3.7, as applicable.

• CEBC § 104.3.2 High relevance — show source text

  [A] 104.3.2 Preliminary meeting. When requested by the permit applicant or the code official, the code official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this code.

  Exception: Repairs and Level 1 alterations.

  [A] 104.3.3 Building evaluation. The code official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed on at the preliminary meeting. The design professional shall notify the code official if any potential noncompliance with the provisions of this code is identified.

  [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to every remedy provided by law to secure entry.

  [A] 104.4.1 Warrant. Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code.

  [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

  [A] 104.6 Notices and orders. The code official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 113.

  [A] 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

  [A] 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.

  [A] 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

  [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records.

• CEBC § 102.6.2 High relevance — show source text

  [A] 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Fire Code or California Existing Building Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

  PART 2—ADMINISTRATION AND ENFORCEMENT

  SECTION 103—CODE COMPLIANCE AGENCY

  [A] 103.1 Creation of enforcement agency. The [ INSERT NAME OF DEPARTMENT ] is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

  [A] 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.

  [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official.

  1-24 2025 CALIFORNIA BUILDING CODE

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  ADMINISTRATION

  SECTION 104—DUTIES AND POWERS OF BUILDING OFFICIAL

  [A] 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.

  [A] 104.2 Determination of compliance. The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures:

  1. Shall be in compliance with the intent and purpose of this code.
  2. Shall not have the effect of waiving requirements specifically provided for in this code.

  [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official.

  [A] 104.2.2 Technical assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner’s authorized agent to provide a technical opinion and report.

  [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

  [A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

• CEBC § 104.5 High relevance — show source text

  [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

  [A] 104.6 Notices and orders. The code official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 113.

  [A] 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

  [A] 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.

  [A] 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

  [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records.

  [A] 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.

  [A] 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 108.

  [A] 104.8 Liability. The code official, member of the Board of Appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

  [A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

  [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

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  [A] 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved.

  SECTION 105—PERMITS

• CEBC § 1-12 High relevance — show source text

  1.9 Division of the State Architect . . . . . . . . . . . . . . . . . . . . 1-12

  1.10 Department of Health Care Access and Information/Office of Statewide Hospital Planning and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13

  1.11 Office of the State Fire Marshal . . . . . . . . . . . . . . . . . . . 1-15

  1.12 State Librarian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20

  1.13 Department of Water Resources . . . . . . . . . . . . . . . . . . 1-20

  1.14 California State Lands Commission . . . . . . . . . . . . . . . 1-20

  DIVISION II – SCOPE AND ADMINISTRATION . . . . . . . . . . . . . . . . . 1-21

  PART 1—SCOPE AND APPLICATION. . . . . . . . . . . . . . . . . . . . . . . 1-21

  101 Scope and General Requirements. . . . . . . . . . . . . . . 1-21

  102 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-22

  PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . 1-22

  103 Code Compliance Agency . . . . . . . . . . . . . . . . . . . . . . 1-22

  104 Duties and Powers of Code Official. . . . . . . . . . . . . . 1-22

  105 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-25

  106 Construction Documents . . . . . . . . . . . . . . . . . . . . . . 1-26

  107 Temporary Uses, Equipment and Systems. . . . . . . 1-28

  108 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-28

  109 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-28

  110 Certificate of Occupancy. . . . . . . . . . . . . . . . . . . . . . . 1-30

  111 Service Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-30

  112 Means of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-30

• CEBC § 1-4 High relevance — show source text

  1.11 Office of the State Fire Marshal . . . . . . . . . . . . . . . . . . . 1-4

  1.12 Board of Forestry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

  DIVISION II SCOPE AND ADMINISTRATION . . . . . . . . . . . . . 1-15

  PART 1—GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 1-15

  101 Scope and General Requirements. . . . . . . . . . . . . . 1-15

  102 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16

  PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . 1-17

  103 Code Compliance Agency . . . . . . . . . . . . . . . . . . . . . 1-17

  104 Duties and Powers of the Code Official . . . . . . . . . 1-17

  105 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19

  106 Construction Documents . . . . . . . . . . . . . . . . . . . . . 1-20

  107 Temporary Uses, Equipment and Systems . . . . . . 1-21

  108 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-21

  109 Inspection and Enforcement . . . . . . . . . . . . . . . . . . 1-22

  110 Certificate of Completion . . . . . . . . . . . . . . . . . . . . . 1-24

  111 Service Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-24

  112 Means of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-24

  113 Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-25

  CHAPTER 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . 2-3

  201 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-3

  202 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-3

  CHAPTER 3 WILDLAND-URBAN INTERFACE AREAS . . . . 3-3

• CEBC § 104.2.4.1 High relevance — show source text

  [A] 104.2.4.1 Flood hazard areas. For existing buildings located in flood hazard areas for which repairs, alterations and additions constitute substantial improvement, the code official shall not grant modifications to provisions related to flood resistance unless a determination is made that:

  1. The applicant has presented good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render compliance with the flood-resistant construction provisions inappropriate.

  2. Failure to grant the modification would result in exceptional hardship.

  3. The granting of the modification will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.

  4. The modification is the minimum necessary to afford relief, considering the flood hazard.

  5. A written notice will be provided to the applicant specifying, if applicable, the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be

  2025 CALIFORNIA EXISTING BUILDING CODE 1-23

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  ADMINISTRATION

  commensurate with the increased risk resulting from the reduced floor elevation and that construction below the design flood elevation increases risks to life and property.

  [A] 104.3 Applications and permits. The code official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

  [A] 104.3.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the code official shall determine where the proposed work constitutes substantial improvement or repair of substantial damage. Where the code official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the code official shall require the building to meet the requirements of Section 1612 of the California Building Code, or Section R306 of the California Residential Code, as applicable.

  [A] 104.3.2 Preliminary meeting. When requested by the permit applicant or the code official, the code official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this code.

  Exception: Repairs and Level 1 alterations.

  [A] 104.3.3 Building evaluation. The code official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed on at the preliminary meeting. The design professional shall notify the code official if any potential noncompliance with the provisions of this code is identified.

  [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present credentials to the occupant and request entry.

• CEBC § 102.7 High relevance — show source text

  [A] 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

  [A] 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or the California Fire Code, California Building Code, California Existing Building Code or the California Residential Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.

  1-16 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

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  ADMINISTRATION

  PART 2—ADMINISTRATION AND ENFORCEMENT

  SECTION 103—CODE COMPLIANCE AGENCY

  [A] 103.1 Creation of agency. The [ INSERT NAME OF DEPARTMENT ] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

  [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction.

  [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.

  SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL

  [A] 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code.

  [A] 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures:

  1. Shall be in compliance with the intent and purpose of this code.
  2. Shall not have the effect of waiving requirements specifically provided for in this code.

  [A] 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report.

  [A] 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction.

  [A] 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

  [A] 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations.

• CEBC § 1-22 High relevance — show source text

  PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . 1-22

  103 Code Compliance Agency . . . . . . . . . . . . . . . . . . . . . . 1-22

  104 Duties and Powers of Code Official. . . . . . . . . . . . . . 1-22

  105 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-25

  106 Construction Documents . . . . . . . . . . . . . . . . . . . . . . 1-26

  107 Temporary Uses, Equipment and Systems. . . . . . . 1-28

  108 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-28

  109 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-28

  110 Certificate of Occupancy. . . . . . . . . . . . . . . . . . . . . . . 1-30

  111 Service Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-30

  112 Means of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-30

  113 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-31

  114 Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-31

  115 Unsafe Structures and Equipment . . . . . . . . . . . . . . 1-31

  116 Emergency Measures . . . . . . . . . . . . . . . . . . . . . . . . . . 1-32

  117 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-32

  CHAPTER 2 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . .2-3

  201 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3

  202 General Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3

  CHAPTER 3 PROVISIONS FOR ALL COMPLIANCE

  METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-3

  301 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3

• CEBC § 104.2.3.3 High relevance — show source text

  [A] 104.2.3.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

  [A] 104.2.3.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:

  1. Quality.

  2. Strength.

  3. Effectiveness.

  4. Durability.

  5. Safety, other than fire safety.

  6. Fire safety.

  [A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Such tests shall be performed by a party acceptable to the code official.

  [A] 104.2.3.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official.

  [A] 104.2.3.6 Reports. Supporting documentation, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.3.6.1 and 104.2.3.6.2.

  [A] 104.2.3.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency, and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official.

  [A] 104.2.3.6.2 Other reports. Reports not complying with Section 104.2.3.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

  [A] 104.2.3.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official.

  [A] 104.2.4 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety.

• CEBC § 116.2 High relevance — show source text

  The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

  [A] 116.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

  [A] 116.3 Closing streets. Where necessary for public safety, the code official shall temporarily close structures and close or order the authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

  [A] 116.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

  [A] 116.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

  [A] 116.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, on petition directed to the appeals board, be afforded a hearing as described in this code.

  SECTION 117—DEMOLITION

  [A] 117.1 General. When the code official determines any structure is so old, dilapidated or has become so out of repair and is dangerous, unsafe, insanitary and otherwise unfit for human habitation or occupancy the code official can order either of the following:

  1. The code official is permitted to authorize the owner or owner’s authorized agent to make the structure safe by repairs in order to make the structure safe and sanitary. Where there has been a cessation of construction repairs of any structure for a period of more than 2 years, the structure will be ordered demolished and removed.
  2. The code official is permitted to order the owner or owner’s authorized agent to demolish and remove any such structure.

  [A] 117.2 Notices and orders. Notices and orders shall comply with Section 113.

  [A] 117.3 Failure to comply. If the owner or the owner’s authorized agent of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate on which the structure is located and shall be a lien on such real estate.