CEBC · California Existing Building Code
Can the code official delegate duties or appoint deputies and inspectors?
The CEBC lets the code official appoint deputies and inspectors and assign them powers, but only following local procedures and with the appointing authority’s concurrence; delegations can’t be used to waive code requirements, and the code official retains authority to determine compliance and make final interpretations.
Last reviewed: July 6, 2026
What the code requires
The code official may create an enforcing agency, be appointed by the chief appointing authority, and appoint deputies, technical officers and inspectors in accordance with local procedures and with the concurrence of the appointing authority — see § 103.1, § 103.2, § 103.3. The code official is authorized and directed to enforce the CEBC and to determine compliance, render interpretations, and adopt policies and procedures — see § 104.1 and § 104.2.
The single most important rule: the code official can appoint deputies and delegate powers to employees, but delegations must follow jurisdictional procedures and cannot be used to waive code requirements.
Requirements in detail
Creation and appointment
- Creation of agency: The jurisdiction establishes a code compliance agency and the official in charge is the code official (§ 103.1) — the CEBC sets the office, not the individual job description.
- Appointment: The code official is appointed by the chief appointing authority of the jurisdiction (§ 103.2).
Deputies, inspectors and delegation of powers
- Authority to appoint: The code official “shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees” in accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority (§ 103.3). Prescribed procedures and concurrence of the appointing authority are required conditions.
- Scope of delegation: Appointed employees “shall have powers as delegated by the code official” — delegations are by the code official and are limited to what the code official assigns (§ 103.3).
Duties, powers and limits on delegation
- Enforcement and determinations: The code official is authorized and directed to enforce the CEBC and has authority to determine compliance and render interpretations (§ 104.1, § 104.2). Delegated staff act under the powers given by the code official, but the code official retains the authority to issue interpretations and compliance determinations.
- Limits on policy/interpretaion: Policies, procedures and interpretations must comply with the intent of the code and “shall not have the effect of waiving requirements specifically provided for in this code” (§ 104.2, items 1–2). A delegation cannot be used to waive explicit code requirements.
- Technical assistance: The code official may require a technical opinion and report prepared by a qualified preparer to determine compliance; such reports are to be provided without charge to the jurisdiction (see § 104.2.1 / § 104.2.2 in CEBC context).
Decision-relevant dimensions (quick reference)
| Decision dimension | Possible values / action | Code Reference |
|---|---|---|
| Who creates the agency | Local jurisdiction creates a code compliance agency | § 103.1 |
| Who appoints the code official | Chief appointing authority of the jurisdiction | § 103.2 |
| Who appoints deputies/inspectors | Code official, following local prescribed procedures and with appointing authority concurrence | § 103.3 |
| What powers can be delegated | Any powers the code official chooses to assign to employees | § 103.3 |
| Can delegations waive code requirements? | No — policies/interpretations “shall not have the effect of waiving” code requirements | § 104.2 |
| Can owner be required to provide technical reports? | Yes — code official may require a technical opinion/report (provided without charge) | § 104.2.1 / § 104.2.2 |
| Liability protection for officers | Officers acting in good faith are relieved from personal civil/criminal liability for acts under the code | § 104.8 |
Administrative/operational details the CEBC makes clear
- Delegations must follow the jurisdiction’s “prescribed procedures” and require concurrence of the appointing authority (§ 103.3). The CEBC does not specify the exact municipal procedure; that is established locally.
- Employees act only with the powers as delegated by the code official — their authority is derivative, not independent (§ 103.3).
- Interpretations, policies and procedures adopted by the code official must conform to the code’s intent and cannot waive code mandates (§ 104.2).
Exceptions & special cases
- The CEBC requires concurrence of the appointing authority for deputy appointments; if local rules or union rules impose additional constraints, those procedural controls must be followed before delegation takes effect (§ 103.3).
- The CEBC allows the code official to require technical opinions/reports prepared by a qualified preparer acceptable to the code official; the code does not itself list credential thresholds — jurisdictions may set qualification standards or look to related codes/appendices (local practice or Appendix A in the CBC addresses qualifications) — the CEBC text does not prescribe exact credentials in §§ 103–104. file
- Liability protections: officers and employees acting in good faith while discharging duties are relieved from personal liability and are defended by the jurisdiction’s legal representatives (§ 104.8, § 104.8.1).
Common mistakes
- Mistake: “A deputy can waive code requirements.” Reality: Delegation cannot be used to waive requirements specifically provided in the CEBC — see § 104.2.
- Mistake: “Anyone an inspector names can act with full independent authority.” Reality: Inspectors/deputies only exercise the powers delegated by the code official and must operate under local procedures and any limitations set by the appointing authority (§ 103.3).
- Mistake: “Code official can avoid requiring technical reports.” Reality: The code official is expressly authorized to require technical opinions/reports to determine compliance; those reports must be provided without charge to the jurisdiction (§ 104.2.1 / § 104.2.2).
Worked example — earthquake safety inspections (concrete scenario)
Scenario: After a magnitude‑6.0 earthquake, a city needs rapid safety inspections of 120 apartment buildings.
How the CEBC framework applies:
- The city’s chief appointing authority already named a code official (per § 103.2).
- The code official follows the jurisdiction’s prescribed procedures and obtains concurrence of the appointing authority to appoint 3 deputy inspectors under § 103.3 (3 deputies × 40 buildings each = 120 buildings).
- The code official delegates authority to each deputy to perform initial safety placarding and to issue temporary occupancy restrictions — but documents the limits of that delegation in writing (delegated powers only; the deputies cannot waive CEBC requirements). The limitation that delegations cannot waive code requirements flows from § 104.2.
- For 20 buildings with structural uncertainty, the code official requires a technical opinion and report from a qualified engineer; those reports must be provided without charge to the jurisdiction as authorized by § 104.2.1 / § 104.2.2.
- If an enforcement action from one deputy is challenged, the code official retains the authority to render final interpretations and compliance determinations under § 104.2.
Related provisions (CEBC and closely related)
- § 103.1 — Creation of the code compliance agency.
- § 103.2 — Appointment of the code official.
- § 103.3 — Deputies: appointment and delegated powers.
- § 104.1 — Authorization and direction to enforce the code.
- § 104.2 — Authority to determine compliance, render interpretations, adopt policies/procedures (and limits).
- § 104.2.1 / § 104.2.2 — Technical assistance / reports to determine compliance.
- § 104.8 / § 104.8.1 — Liability protection and legal defense for officers/employees acting in good faith.
- Note: For employee qualifications, the CBC Appendix A and related local procedures provide guidance on experience/training; CEBC §§ 103–104 do not themselves set specific credential thresholds.
Code references
Grounded in the retrieved California Existing Building Code — click a citation to read the verbatim passage:
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.
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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:
- Shall be in compliance with the intent and purpose of this code.
- 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 § 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:
- Shall be in compliance with the intent and purpose of this code.
- 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 § 2.1 High relevance — show source text
R102.7 Wildland-Urban Interface. The provisions of Part 7, California Wildland-Urban Interface Code shall apply to buildings and struc- tures built in the wildland-urban interface (WUI).
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION R103—CODE COMPLIANCE AGENCY
R103.1 Creation of 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.
R103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
R103.3 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.
SECTION R104—DUTIES AND POWERS OF THE BUILDING OFFICIAL
R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.
R104.2 Determination of compliance. The building official shall have the authority 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:
- Shall be in compliance with the intent and purpose of this code.
- Shall not have the effect of waiving requirements specifically provided for in this code.
R104.2.1 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.
R104.2.2 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 has been approved.
R104.2.2.1 Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections R104.2.2 through R104.2.2.6.2, as applicable.
R104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.
R104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.
R104.2.2.4 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 the following, as applicable:
- Quality.
- Strength.
CEBC § 103.2 High relevance — show source text
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties required by this code or other pertinent law or ordi nance.
103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the Authority Having Jurisdiction’s duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
103.3 Applications and Permits. The Authority Having Jurisdiction shall be permitted to require the submission of plans, specifications, drawings, and such other information in accordance with the Authority Having Jurisdiction, prior to the commencement of, and at a time during the progress of, work regulated by this code.
The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.
103.3.1 Licensing. Provision for licensing shall be determined by the Authority Having Jurisdiction. 103.4 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon a premises a condition or violation of this code that makes the building or premises
unsafe, insanitary, dangerous, or hazardous, the Authority Having Jurisdiction shall be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed upon the Authority Having Jurisdiction by this code, provided that where such building or premises is occupied, the Authority Having Jurisdiction shall present credentials to the occupant and request entry. Where such building or premises is unoccupied, the Authority Having Jurisdiction shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry.
Where the Authority Having Jurisdiction shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care or control of a building or premises shall fail or neglect, after a request is made as herein provided, to promptly permit entry herein by the Authority Having Jurisdiction for the purpose of inspection and examination pursuant to this code.
104.0 Permits.
CEBC § 4.1 High relevance — show source text
R102.4 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 R102.4.1 and R102.4.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.
R102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
R102.4.2 Provisions in referenced codes and standards. 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.
R102.5 Partial invalidity. In the event 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.
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DIVISION II SCOPE AND ADMINISTRATION
R102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
R102.6.1 Additions, alterations, change of use or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition, alteration or repair. Where additions, alterations or changes of use to an existing structure result in a use, occupancy, height or means of egress outside the scope of this code, the building shall comply with the California Existing Building Code .
R102.7 Wildland-Urban Interface. The provisions of Part 7, California Wildland-Urban Interface Code shall apply to buildings and struc- tures built in the wildland-urban interface (WUI).
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION R103—CODE COMPLIANCE AGENCY
R103.1 Creation of 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.
R103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
R103.3 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.
SECTION R104—DUTIES AND POWERS OF THE BUILDING OFFICIAL
CEBC § 103.1 High relevance — show source text
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 fire 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 fire 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 fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the fire code official.
SECTION 104—DUTIES AND POWERS OF THE FIRE CODE OFFICIAL
[A] 104.1 General. The fire code official is hereby authorized to enforce the provisions of this code.
[A] 104.2 Determination of compliance. The fire 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:
- Shall be in compliance with the intent and purpose of this code.
- Shall not have the effect of waiving requirements specifically provided for in this code.
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DIVISION II—SCOPE AND ADMINISTRATION
[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 fire code official.
[A] 104.2.2 Technical assistance. To determine compliance with this code, the fire 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 fire code official. The fire 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.
CEBC § 103.0 High relevance — show source text
103.0 Duties and Powers of the Authority Having Jurisdiction.
103.1 General. The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint a such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance.
103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the Authority Having Jurisdiction’s duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
103.3 Applications and Permits. The Authority Having Jurisdiction shall be permitted to require the submission of plans, specifications, drawings, and such other information in accordance with the Authority Having Jurisdiction, prior to the commencement of, and at a time during the progress of, work regulated by this code.
The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.
103.3.1 Licensing. Provision for licensing shall be determined by the Authority Having Jurisdiction. 103.4 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon premises a condition or violation of this code that makes the building or premises unsafe, insanitary, dangerous, or hazardous, the Authority
Having Jurisdiction shall be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed by the Authority Having Jurisdiction by this code, provided that where such building or premises is occupied, the Authority Having Jurisdiction shall present credentials to the occupant and request entry. Where such building or premises is unoccupied, the Authority Having Jurisdiction shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry.
CEBC § 3.1 High relevance — show source text
Appendix A Employee Qualifications.
Effective administration and enforcement of the family of International Codes depends on the training and expertise of the personnel employed by the jurisdiction and their knowledge of the codes. Section 103 of the code establishes the Department of Building Safety and calls for the appointment of a building official and deputies, such as plans examiners and inspectors. Appendix A provides standards for experience, training and certification for the building official and the other staff mentioned in Chapter 1.
Appendix B Board of Appeals.
Appendix B contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.
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Appendix C Group U—Agricultural Buildings.
Appendix C provides special consideration for the construction of agricultural buildings reflective of their specific usage and limited occupant load. The provisions of this appendix allow reasonable heights and areas commensurate with the risk of agricultural buildings.
Appendix D Fire Districts.
Appendix D establishes a framework by which a jurisdiction can establish a portion of a jurisdiction as a fire district where limiting the potential spread of fire is a key consideration. Fire district standards restrict certain occupancies within the district, as well as setting higher minimum construction standards.
Appendix E Reserved.
Appendix F Rodentproofing.
The provisions of Appendix F are minimum mechanical methods to prevent the entry of rodents into a building.
Appendix G Flood-Resistant Construction.
Appendix G is intended to fulfill the flood-plain management and administrative requirements of the National Flood Insurance Program (NFIP) that are not included in the code. Communities that adopt the IBC and Appendix G will meet the minimum requirements of NFIP as set forth in Title 44 of the Code of Federal Regulations.
Appendix H Signs.
Appendix H gathers in one place the various code standards that regulate the construction and protection of outdoor signs.
Appendix I Patio Covers.
Appendix I provides standards applicable to the construction and use of patio covers. It is limited in application to patio covers accessory to dwelling units. Covers of patios and other outdoor areas associated with restaurants, mercantile buildings, offices, nursing homes or other nondwelling occupancies would be subject to standards in the main code and not this appendix.
Appendix J Grading.
Appendix J provides standards for the grading of properties. This appendix also provides standards for administration and enforcement of a grading program including permit and inspection requirements.
Appendix K Group R-3 and Group R-3.1 Occupancies Protected by the Facilities of the Central Valley Flood Protection Plan.
Appendix K provides provisions applicable to new construction, changes of use and to substantial improvement and restoration of substantial damage as defined in Section 1612 of Groups R-3 and R-3.1 located in areas protected by the facilities of the Central Valley Flood Protection Plan.
Appendix L Earthquake Recording Instrumentation.
The purpose of Appendix L is to foster the collection of ground motion data, particularly from strong-motion earthquakes. When this ground motion data is synthesized, it may be useful in developing future improvements to the earthquake provisions of the CBC.
Appendix M Tsunami-Generated Flood Hazards.
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.
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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:
- Shall be in compliance with the intent and purpose of this code.
- 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 § 102.4 High relevance — show source text
Chapter 31F is promulgated by the California State Lands Commission (SLC) and establishes minimum engineering, inspection and maintenance criteria for marine oil terminals (MOTs) in order to prevent oil spills and to protect public health, safety and the environ- ment. The provisions of this chapter regulate onshore and offshore MOTs, including marine terminals that transfer liquefied natural gas (LNG) and are applicable to the evaluation of existing MOTs and design of new MOTs in California. The Marine Environmental Protection Division administers this chapter on behalf of the SLC.
Chapter 32 Encroachments into the Public Right-of-Way.
Buildings and structures may be designed to extend over a property line and into the public right-of-way. Local regulations outside of the building code usually set limits to such encroachments, and such regulations take precedence over the provisions of this chapter. Chapter 32 establishes parameters for such encroachments, not only at grade but also above and below grade. Pedestrian walkways must also comply with Chapter 31.
Chapter 33 Safeguards During Construction.
Chapter 33 provides safety requirements for the job site during construction and demolition of buildings and structures. In addition, it provides requirements intended to protect the public from injury and adjoining property from damage.
Chapter 34 Reserved.
Chapter 35 Referenced Standards.
Chapter 35 lists all of the product and installation standards and codes that are referenced throughout Chapters 1 through 33 and includes identification of the promulgators and the section numbers in which the standards and codes are referenced. As stated in Section 102.4, these standards and codes become an enforceable part of the code (to the prescribed extent of the reference) as if printed in the body of the code.
Appendix A Employee Qualifications.
Effective administration and enforcement of the family of International Codes depends on the training and expertise of the personnel employed by the jurisdiction and their knowledge of the codes. Section 103 of the code establishes the Department of Building Safety and calls for the appointment of a building official and deputies, such as plans examiners and inspectors. Appendix A provides standards for experience, training and certification for the building official and the other staff mentioned in Chapter 1.
Appendix B Board of Appeals.
Appendix B contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.
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Appendix C Group U—Agricultural Buildings.
Appendix C provides special consideration for the construction of agricultural buildings reflective of their specific usage and limited occupant load. The provisions of this appendix allow reasonable heights and areas commensurate with the risk of agricultural buildings.
Appendix D Fire Districts.
Appendix D establishes a framework by which a jurisdiction can establish a portion of a jurisdiction as a fire district where limiting the potential spread of fire is a key consideration. Fire district standards restrict certain occupancies within the district, as well as setting higher minimum construction standards.
Appendix E Reserved.
Appendix F Rodentproofing.
The provisions of Appendix F are minimum mechanical methods to prevent the entry of rodents into a building.
Appendix G Flood-Resistant Construction.
CEBC § 102.4.2 High relevance — show source text
[A] 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the California Codes specified in Section 101.4, the provisions of this code or the California Codes specified in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.4.3 Code references. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standards Codes.
102.4.4 Reference in standards. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code.
[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.
[A] 102.6 Existing structures. The legal occupancy of any structure 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 Existing Building Code or the Cali- fornia Fire Code .
[A] 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of this code or the California Residential Code, as applicable, for new construction or with any current permit for such occupancy.
[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.
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ADMINISTRATION
CEBC § 102.5 High relevance — show source text
** Openings into a drainage or vent system, excepting those openings to which plumbing fixtures are properly connected or which constitute vent terminals, shall be permanently plugged or capped in an approved manner, using the appropriate materials in accordance with this code.
102.5 Health and Safety. Where compliance with the provisions of this code fails to eliminate or alleviate a nuisance, or other dangerous or insanitary condition that involves health or safety hazards, the owner or the owner’s agent shall install such additional plumbing and drainage facilities or shall make such repairs or alterations as ordered by the Authority Having Jurisdiction. 102.6 Changes in Building Occupancy. Plumbing systems that are a part of a building or structure undergoing a change in use or occupancy, as defined in the building code, shall be in accordance with the requirements of this code that are applicable to the new use or occupancy. 102.7 Moved Structures. Parts of the plumbing system of a building or part thereof that is moved from one foundation to another, or from one location to another, shall be in accordance with the provisions of this code for new installations and completely tested as prescribed elsewhere in this section for new work, except that walls or floors need not be removed during such test where other equivalent means of inspection acceptable to the Authority Having Jurisdiction are provided. 102.8 Appendices. The provisions in the appendices are intended to supplement the requirements of this code and shall not be considered part of this code unless formally adopted as such.
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DIVISION II SCOPE AND ADMINISTRATION
103.0 Duties and Powers of the Authority Having Jurisdiction.
103.1 General. The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint a such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance.
103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the Authority Having Jurisdiction’s duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
Frequently asked questions
Can the code official permanently transfer their authority to a deputy?
No. The CEBC allows the code official to delegate powers to deputies and inspectors, but the authority remains rooted in the office of the code official and delegations are those powers the code official assigns; delegations must follow local procedures and cannot be used to waive code requirements (§ 103.3, § 104.2).
Do deputies need a particular license or credential under §§ 103–104?
The CEBC §§ 103–104 authorize appointment of deputies and technical officers but do not prescribe specific credentials in those sections. Jurisdictions commonly adopt local standards or refer to qualification guidance (e.g., Appendix A in the CBC) — check local rules for required certifications. file
Can a delegated inspector waive a code requirement during inspections?
No. Interpretations, policies and procedures adopted by the code official “shall not have the effect of waiving requirements specifically provided for in this code” (§ 104.2). Delegated staff cannot lawfully waive explicit CEBC mandates.
What if an owner refuses to provide a technical report required by the code official?
The CEBC authorizes the code official to require a technical opinion and report to determine compliance (and states such reports are to be provided without charge to the jurisdiction) — failure to comply would expose the owner to enforcement actions under the code and local enforcement procedures (§ 104.2.1 / § 104.2.2).
Are officers protected from personal liability when they act under delegated authority?
Yes. CEBC § 104.8 relieves code officers and employees acting in good faith from personal civil or criminal liability for acts taken under the code; legal defense is provided by the jurisdiction (§ 104.8.1).
More in California Existing Building Code
- Administration and Definitions (Scope, enforcement, code official duties, definitions)
- Provisions for All Compliance Methods (general requirements that apply to all compliance options; Chapter 3 / 3A)
- Seismic retrofit and evaluation (Appendix A and seismic provisions/sections for evaluation and retrofit)
- Referenced Standards and Appendices (Chapter 16 and Appendices A–E, Resource A)
- Repairs (Chapter 4 — repair-specific rules for materials, means of egress, structural, MEP, etc.)
- Alterations — Level 1, Level 2, Level 3 (technical requirements for each alteration level; Chapters 7–9)
- Change of Occupancy and Additions (requirements for occupancy changes and additions; Chapters 10–11)
- Compliance Methods — Prescriptive, Work Area, Performance (Chapters 5, 6–11, 13)
- Relocated Buildings (requirements for buildings moved or relocated; Chapter 14)
- Construction Safeguards (site safety, means of egress and life-safety during construction; Chapter 15)
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California Existing Building Code