CEBC · California Existing Building Code

What emergency measures can the code official take for unsafe buildings or hazardous conditions?

If a building is dangerous the code official can order people out, post “This Structure Is Unsafe…”, secure or board openings, close adjacent streets, and have emergency repairs done immediately (the jurisdiction pays up front and can later recover costs from the owner). These powers come from CEBC **§ 115** and **§ 116** and allow immediate action when life or public safety is at risk .

Last reviewed: July 6, 2026

What the code requires — 2-4 sentences

The California Existing Building Code gives the code official authority to act immediately when an unsafe condition or imminent danger to life is found. Under § 115 the official must document and notify owners of unsafe structures and may require abatement or demolition; under § 116 the official may order evacuations, post prohibitive notices, implement temporary safeguards, close adjacent public ways, carry out emergency repairs, and require the jurisdiction to pay emergency costs (with recovery from the owner) as described in § 115 and § 116 .

When life or public safety is endangered the code official can order occupants out, secure or board openings, close streets or sidewalks, and have the jurisdiction perform emergency repairs — all immediately, before full legal process — and then recover costs from the owner (see § 116.1–116.6 and § 115.1–115.5) .

Requirements in detail

1) Immediate evacuation and posting

  • The code official may order immediate vacation of a building if there is an imminent danger of collapse, a collapse has occurred and life is endangered, or there are explosive/toxic hazards or defective equipment that endanger occupants. The official must post a notice at each entrance reading “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” Entry is prohibited except to secure, repair, remove the hazard, or demolish the structure (§ 116.1 ).

2) Temporary safeguards and securing the structure

  • Without waiting for full legal proceedings, the code official can require work to render the structure temporarily safe — including boarding up openings, other measures to meet the emergency, and closing or barricading entrances or adjacent public ways (§ 116.2, § 116.3 ).

3) Emergency repairs and who performs them

  • The code official is authorized to employ necessary labor and materials to perform emergency work as expeditiously as possible (§ 116.4). The costs of such emergency repairs are initially paid by the jurisdiction, which may then institute legal action to recover those costs from the property owner (§ 116.5) .

4) Notice, record, and restoration/abatement requirements

  • When an unsafe condition is identified the code official must file a report documenting occupancy and the nature of the unsafe condition (§ 115.2). The official must serve written notice to the owner describing the unsafe condition and specifying required repairs or demolition within a stipulated time; methods of service include personal delivery, certified mail, or other legally prescribed methods — and posting on the structure if mail is returned undelivered (§ 115.3, § 115.4) . Owners may restore or abate by repair, rehabilitation, demolition or other approved action; any repairs or occupancy changes during restoration must comply with the code (§ 115.5) .

5) Due process after emergency action

  • Persons ordered to take emergency measures must comply immediately; they are afforded a hearing afterward by petition to the appeals board (§ 116.6) .

Requirements table — decision-relevant dimensions

Action / Measure When authorized (condition) Who performs / pays Code Reference
Immediate evacuation and posting Imminent danger: collapse, explosives, toxic fumes, defective equipment Code official orders evacuation; occupants must vacate § 116.1
Boarding, temporary repairs, securing openings Any condition the code official deems an imminent danger Code official may order work immediately; jurisdiction may perform work § 116.2, § 116.4
Close streets/sidewalks/public ways Necessary for public safety adjacent to unsafe structures Code official may close or order closure by authority having jurisdiction § 116.3
Emergency repairs (labor & materials) To render structure temporarily safe in emergency Code official may employ labor/materials; costs paid by jurisdiction initially § 116.4, § 116.5
Cost recovery Costs of emergency work Jurisdiction sues owner to recover costs; costs become lien if procedures followed § 116.5
Record, written notice, service methods When unsafe condition is found (not limited to imminent danger) Code official prepares report; serves notice by personal delivery, certified mail, or other local method; post if mail undelivered § 115.2, § 115.3, § 115.4
Restoration or demolition Following notice of unsafe condition Owner permitted to restore by repair/rehab/demolition to abate condition; must comply with code when restoring § 115.5
Hearing after emergency order After emergency measures are taken Affected person can petition the appeals board for a hearing § 116.6

Exceptions & special cases

  • The CEBC does not limit the code official’s emergency authority to any specific building size or occupancy — authorization is tied to the presence of imminent danger or an unsafe condition as described in § 116.1 and § 115.1 .
  • Emergency work can be done whether or not the full legal notice/abatement procedures have been started; the code explicitly allows immediate action to meet the emergency (§ 116.2, § 116.4) .
  • Cost recovery is provided, but initial payment of emergency costs is the jurisdiction’s responsibility; recovery is pursued through the jurisdiction’s legal counsel (§ 116.5) .

Common mistakes

  • Assuming the code official must issue full written notice before any action: in true emergencies the official need not wait (see § 116.2, § 114.3) — immediate measures and stop-work can be ordered without prior written notice .
  • Believing the owner always pays upfront for emergency repairs: the jurisdiction pays emergency costs initially and then seeks reimbursement from the owner (§ 116.5) .
  • Failing to post the required “This Structure Is Unsafe…” notice when ordering evacuation or prohibiting occupancy — posting is required at each entrance when occupancy is prohibited (§ 116.1) .
  • Treating temporary safeguards as permanent remedies — temporary measures are for immediate safety; long-term abatement or demolition must follow the notice, recovery, and code compliance pathways in § 115 and elsewhere in the code (§ 115.3–115.5) .

Worked example — applying the rule with numbers

Scenario: After a heavy storm a two-story wood-frame apartment building shows large cracks in an exterior shear wall and vertical separation at the second-floor ledger. The building inspector determines there is an imminent danger of collapse for the front corner, and occupants on the two top units are at risk.

Steps the code official may take (CEBC authority cited):

  1. Order immediate evacuation of the two top-unit occupants and post “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official” at each entrance (§ 116.1) .
  2. Require immediate temporary safeguards: shore the front corner, install temporary bracing, and board or fence off the hazardous area — without waiting for full notice proceedings (§ 116.2) . Suppose temporary shoring and boarding cost $8,000.
  3. If the owner cannot or will not immediately perform the work, the jurisdiction may have the work done under § 116.4 and pay the $8,000 initially; the jurisdiction’s legal counsel may then seek to recover the $8,000 from the owner under § 116.5 .
  4. The code official files a report documenting the unsafe condition and serves written notice describing required repairs or demolition, using personal delivery or certified mail per § 115.2–115.4; if certified mail is returned undelivered, the official posts the notice on the structure (§ 115.3–115.4) .
  5. After emergency measures are complete the affected owner may petition the appeals board for a hearing about the order (§ 116.6) .

Related provisions

  • § 115.1–115.5 — Unsafe structures: definitions, record, notice, service methods, restoration/abatement; supports emergency measures by documenting unsafe conditions .
  • § 116.1–116.6 — Emergency measures: evacuation, temporary safeguards, closing public ways, emergency repairs, cost recovery, and hearings (primary emergency authority) .
  • § 114.1–114.4 — Stop work order and emergencies: authority to stop unsafe work immediately without written notice when an emergency exists .
  • CEBC Chapter 3 / Section 302 — General provisions on dangerous conditions and authority to require elimination of hazards (contextual authority) .

Code references

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

  • CEBC § 115.4 High relevance — show source text

    [A] 115.4 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

    1. A copy is delivered to the owner or the owner’s authorized agent personally.
    2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested.
    3. A copy is delivered in any other manner as prescribed by local law.

    If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent shall constitute service of notice on the owner.

    [A] 115.5 Restoration or abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, the owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations or additions are made, or a change of

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    occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of this code.

    SECTION 116—EMERGENCY MEASURES

    [A] 116.1 Imminent danger. Where, in the opinion of the code official, there is imminent danger of failure or collapse of a building that endangers life, or where any building or part of a building has fallen and life is endangered by the occupation of the building, or where there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. 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.

  • 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.

  • CEBC § 114.3 High relevance — show source text

    [A] 114.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.

    [A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

    SECTION 115—UNSAFE STRUCTURES AND EQUIPMENT

    [A] 115.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe as the code official deems necessary and as provided for in this code. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

    [A] 115.2 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    [A] 115.3 Notice. If an unsafe condition is found, the code official shall serve on the owner of the structure or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe building to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order.

    [A] 115.4 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

    1. A copy is delivered to the owner or the owner’s authorized agent personally.
    2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested.
    3. A copy is delivered in any other manner as prescribed by local law.

    If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent shall constitute service of notice on the owner.

    [A] 115.5 Restoration or abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, the owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations or additions are made, or a change of

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    occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of this code.

    SECTION 116—EMERGENCY MEASURES

    **[A] 116.1 Imminent danger.

  • CEBC § 2.1 High relevance — show source text

    SECTION 302 A —GENERAL PROVISIONS

    302 A .1 Dangerous conditions. The code official shall have the authority to require the elimination of conditions deemed dangerous.

    302 A .2 Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and struc- tures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in the California Fire Code, California Mechanical Code, California Plumbing Code and California Electrical Code. Where provisions of the other codes conflict with provisions of this chapter, the provisions of this chapter shall take precedence.

    302 A .2.1 Additional codes in health care. In existing Group I-2 occupancies, ambulatory health care facilities, outpatient clinics and hyperbaric facilities, alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall also comply with NFPA 99.

    302 A .3 Existing materials and equipment. Materials and equipment already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by the code official to be unsafe in accordance with California Building Code Section 116.

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    PROVISIONS FOR ALL COMPLIANCE METHODS

    302A.3.1 Existing seismic force-resisting systems. Where the existing seismic force-resisting system is a type that can be designated ordinary or is a welded steel moment frame constructed under a permit issued prior to October 25, 1994, values of R, W0 and Cd for the existing seismic force-resisting system shall be those specified by the California Building Code for an ordinary system unless it is demonstrated that the existing system will provide performance equivalent to that of a detailed, intermediate or special system.

    302 A .4 New and replacement materials. Except as otherwise required or permitted by this code, materials and equipment permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs and alterations, provided no hazard to life, health or property is c reated. Hazardous materials shall not be used where the code for new construction would not permit their use in buildings of similar occupancy, purpose and location.

    302 A .4.1 New structural members and connections. New structural members and connections shall comply with the detailing provisions of the California Building Code for new buildings of similar structure, purpose and location.

    Exception: Where alternative design criteria are specifically permitted.

    302 A .5 Occupancy and use. Where determining the appropriate application of the referenced sections of this code, the occupancy and use of a building shall be determined in accordance with Chapter 3 of the California Building Code .

  • CEBC § 115.2 High relevance — show source text

    [A] 115.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied structure deemed unsafe where such structure has hazardous conditions that pose an imminent danger to structure occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the fire code official or the fire department official in charge of the incident.

    [A] 115.3 Record. The fire code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    [A] 115.4 Notice. If an unsafe condition is found, the fire code official shall serve on the owner of the structure or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the fire code official acceptance or rejection of the terms of the order.

    [A] 115.5 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

    1. A copy is delivered to the owner personally.
    2. A copy is sent by certified or registered mail addressed to the owner at the last known address with return receipt requested.
    3. A copy is delivered in any other manner as prescribed by local law.

    If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent shall constitute service of notice on the owner.

    [A] 115.6 Restoration or abatement. The structure or equipment determined to be unsafe by the fire code official is permitted to be restored to a safe condition. The owner, the owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section105.1.5 and the California Existing Building Code .

    [A] 115.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.

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    CALIFORNIA FIRE CODE – MATRIX ADOPTION TABLE

    CHAPTER 2 – DEFINITIONS

    (Matrix Adoption Tables are nonregulatory, intended only as an aid to the code user. See Chapter 1 for state agency authority and building applications.)

  • CEBC § 114.3 High relevance — show source text

    [A] 114.3 Emergencies. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work.

    [A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

    SECTION 115—UNSAFE STRUCTURES OR EQUIPMENT

    [A] 115.1 General. If during the inspection of a premises, a structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building official for any repairs, alterations, remodeling, removing or demolition required.

    [A] 115.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

    [A] 115.1.2 Structural hazards. Where an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 115.1.

    [A] 115.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied structure deemed unsafe where such structure has hazardous conditions that pose an imminent danger to structure occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the fire code official or the fire department official in charge of the incident.

    [A] 115.3 Record. The fire code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    [A] 115.4 Notice. If an unsafe condition is found, the fire code official shall serve on the owner of the structure or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the fire code official acceptance or rejection of the terms of the order.

    [A] 115.5 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

    1. A copy is delivered to the owner personally.
    2. A copy is sent by certified or registered mail addressed to the owner at the last known address with return receipt requested.
    3. A copy is delivered in any other manner as prescribed by local law.
  • CEBC § 113.3 High relevance — show source text

    [A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

    [A] 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law.

    SECTION 114—STOP WORK ORDER

    [A] 114.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.

    [A] 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

    [A] 114.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.

    [A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

    SECTION 115—UNSAFE STRUCTURES AND EQUIPMENT

    [A] 115.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe as the code official deems necessary and as provided for in this code. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

    [A] 115.2 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    [A] 115.3 Notice. If an unsafe condition is found, the code official shall serve on the owner of the structure or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe building to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order.

  • CEBC § 301.3.2 High relevance — show source text

    301.3.2 Work area compliance method. A lterations, additions and changes of occupancy complying with the applicable requirements of Chapters 6 through 12 of this code shall be considered in compliance with the provisions of this code.

    301.3.3 Performance compliance method. Alterations, additions and changes of occupancy complying with Chapter 13 of this code shall be considered in compliance with the provisions of this code.

    Note: [HCD 1 & HCD 2] The provisions contained in Chapter 13 are not adopted by HCD, but may be available for adoption by a local ordinance. (See Section 1.1.11.)

    301.4 Relocated or moved buildings. Relocated or moved buildings shall comply with the requirements of Chapter 14.

    SECTION 302—GENERAL PROVISIONS

    302.1 Dangerous conditions. The code official shall have the authority to require the elimination of conditions deemed dangerous.

    302.1.1 Dangerous conditions. [BSC] Regardless of the extent of structural or nonstructural damage, the code official shall have the authority to require the elimination of conditions deemed dangerous.

    302.2 Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code and California Electrical Code . Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence.

    302.2.1 Additional codes in health care. In existing Group I-2 occupancies, ambulatory health care facilities, outpatient clinics and hyperbaric facilities, alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall also comply with NFPA 99.

    302.3 Existing materials. Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by the code official to be unsafe.

    302.4 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs and alterations, provided that unsafe conditions are not created. Hazardous materials shall not be used where the code for new construction would not permit their use in buildings of similar occupancy, purpose and location. [HCD 1] Local ordinances or regulations shall permit the replacement, retention and extension of original materials, and the use of original methods of construction, for any building or accessory structure, provided such building or structure complied with the building code provisions in effect at the time of original construction and the building or accessory structure does not become or continue to be a substandard building. For additional information, see Health and Safety Code Sections 17912, 17920.3, 17922(d), 17922.3, 17958.8 and 17958.9.

    Exception: No replacement residential garage door shall be installed to connect the replacement door to an existing residential automatic garage door opener that does not have a battery backup function designed to keep the garage door operational without interruption during an electrical outage. See Health and Safety Code Section 19892.

  • CEBC § 113.4 High relevance — show source text

    [A] 113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [ SPECIFY OFFENSE ], punishable by a fine of not more than [ AMOUNT ] dollars or by imprisonment not exceeding [ NUMBER OF DAYS ], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

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    DIVISION II—SCOPE AND ADMINISTRATION

    [A] 113.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

    SECTION 114—STOP WORK ORDER

    [A] 114.1 Authority. Where the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order.

    [A] 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

    [A] 114.3 Emergencies. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work.

    [A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

    SECTION 115—UNSAFE STRUCTURES OR EQUIPMENT

    [A] 115.1 General. If during the inspection of a premises, a structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building official for any repairs, alterations, remodeling, removing or demolition required.

    [A] 115.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

  • CEBC § 109.3 High relevance — show source text

    Orders or notices that are given verbally shall be confirmed by service in writing as herein provided.

    [A] 109.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections 109.3.1 through 109.3.8.

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    ADMINISTRATION

    [A] 109.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains.

    If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent.

    [A] 109.3.2 Compliance with tags. A building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section 109.3.1.

    [A] 109.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official.

    [A] 109.3.4 Citations. Persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor.

    [A] 109.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes.

    [A] 109.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    [A] 109.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order.

    [A] 109.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods:

    1. Delivered to the owner or the owner’s authorized agent personally.
    2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested.
    3. Delivered in any other manner as prescribed by local law.
  • CEBC § 111.1 High relevance — show source text

    SECTION 111—SERVICE UTILITIES

    [A] 111.1 Authority to disconnect service utilities. The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner’s authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, then the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

    SECTION 112—MEANS OF APPEALS

    [A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

    [A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

    [A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.

    [A] 112.4 Administration. The fire code official shall take action without delay in accordance with the decision of the board.

    SECTION 113—VIOLATIONS

    [A] 113.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

    [A] 113.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or the owner’s authorized agent. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.

    [A] 113.3 Notice of violation. Where the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for reinspection.

  • CEBC § 310.5 High relevance — show source text

    310.5 Compliance with “No Smoking” signs. Smoking shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where “No Smoking” signs are posted.

    310.6 Ash trays. Where smoking is permitted, suitable noncombustible ash trays or match receivers shall be provided on each table and at other appropriate locations. In Group I-2 occupancies, noncombustible metal containers with self-closing covers shall be provided in areas where smoking is permitted.

    310.7 Burning objects. Lighted matches, cigarettes, cigars or other burning object shall not be discarded in such a manner that could cause ignition of other combustible material.

    310.8 Hazardous environmental conditions. Where the fire code official determines that hazardous environmental conditions necessitate controlled use of smoking materials, the ignition or use of such materials in mountainous, brush-covered or forestcovered areas or other designated areas is prohibited except in approved designated smoking areas.

    SECTION 311—VACANT PREMISES

    311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.6.

    311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered to be abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the International Property Maintenance Code and the California Building Code .

    311.1.2 Tenant spaces. Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies.

    311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with Sections 311.2.1 through 311.2.3.

    311.2.1 Security. Exterior and interior openings open to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety.

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    GENERAL REQUIREMENTS

    311.2.2 Fire protection. Fire protection systems shall be maintained in an operable condition at all times.

    Exceptions:

    1. Where the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.
    2. Where approved by the fire code official, buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and automatic sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply), provided that the building does not have contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons.

Frequently asked questions

Who decides whether a condition is an “imminent danger”?

The determination is made by the code official based on professional judgment about risk to life (collapse, explosives, toxic fumes, dangerous equipment). The CEBC gives the official latitude to order evacuations and safeguards when such danger exists (§ 116.1) .

Can the code official enter and make emergency repairs without owner consent?

Yes. In an emergency the official may order necessary work and may employ labor and materials to perform emergency repairs immediately; initial costs are paid by the jurisdiction, with later recovery from the owner (§ 116.2, § 116.4, § 116.5) .

Must the owner be given a hearing before emergency action is taken?

No. Emergency measures may be taken immediately; however, the owner or affected persons are entitled to a hearing afterward via petition to the appeals board (§ 116.6) .

If the jurisdiction pays for emergency work, how is the money recovered?

The jurisdiction pays emergency costs initially and the legal counsel of the jurisdiction is to institute action against the owner to recover costs; those costs may become a lien if procedures are followed (§ 116.5) .

Is posting the “This Structure Is Unsafe…” sign mandatory every time occupancy is prohibited?

Yes. When occupancy is prohibited because of imminent danger, the code official shall cause that notice to be posted at each entrance; entry is unlawful except for securing, repairing, removing the hazard, or demolition (§ 116.1) .

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