CEBC · California Existing Building Code
How do I appeal a code official decision or obtain relief (board of appeals)?
You may appeal a code official’s decision to a local board of appeals if the code was misinterpreted, doesn’t apply, or you propose an equivalent alternative. The CEBC’s **§ 112** creates the board and limits its authority (it cannot waive code). Appendix D (if adopted locally) adds practical rules: file within **20 days**, hearings within **10 days**, **3‑member** quorum, and a **3‑vote** majority to reverse; most appeals (except imminent danger) stay enforcement until decided.
Last reviewed: July 6, 2026
What the code requires — in plain English
A board of appeals must exist to hear appeals of orders, decisions, or determinations made by the code official about how the California Existing Building Code is applied. The appeal must claim that the code or rules were incorrectly interpreted, do not fully apply, or that an equivalent or better design/method is proposed. The board issues written findings and the code official must act on the board’s decision. See § 112.1, § 112.2 and § 112.4 for the controlling rules.
The single most important rule: you can appeal a code official’s decision to the board of appeals, but the board may only reverse or modify the decision where the code’s intent was misinterpreted, the code doesn’t apply, or an equivalent/ better alternative is proven — the board cannot waive code requirements. § 112.2.
Requirements in detail
Who may appeal, and on what grounds
- Who: Any person may appeal a decision of the code official (see Appendix D).
- Proper grounds: Claim that the intent of the code was incorrectly interpreted, the code provisions do not fully apply, or an equally good or better form of construction is proposed. § 112.2.
What the board can and cannot do
- The board may hear and decide appeals and issue written decisions. § 112.1.
- The board shall not have authority to waive requirements of the code or to interpret the administration of the code. § 112.2.
Typical board structure & procedures (Appendix D — optional provision jurisdictions often adopt)
- Board size: Five voting members appointed by the appointing authority; members must be qualified by experience/training and not employees of the jurisdiction. D101.3 / D101.3.1.
- Alternates: Up to two alternate members may be appointed. D101.3.2.
- Quorum: Three members constitute a quorum. D101.5.2.
- Decision vote: The board modifies or reverses a code official’s decision only by a concurring vote of three or more members. D101.7.
- Filing of decision: Every decision must be promptly filed in writing within three days and a certified copy furnished to the appellant and code official. D101.7.1.
- Hearing timing: The board shall meet upon notice from the chairperson, within 10 days of filing an appeal (or at periodic intervals). D101.5.
- Open hearing / participation: Hearings are open to the public; the appellant, the appellant’s representative, the code official, and any person whose interests are affected must be given an opportunity to be heard. D101.5.1.
Filing deadlines and stays (from Appendix D where adopted)
- Time to file an appeal: Within 20 days after the notice was served (Appendix D application requirement). D101.2.
- Stay of enforcement: Appeals of notices and orders other than Imminent Danger notices shall stay enforcement until the appeal is heard. D101.2.2.
Decision administration
- The code official must take immediate action in accordance with the board’s decision. § 112.4 and D101.7.2.
Decision‑relevant summary (quick reference table)
| Decision dimension | Key value / threshold | Code Reference |
|---|---|---|
| Who may appeal | Any person | D101.2 |
| Grounds for appeal | Misinterpretation, not applicable, or equivalent/better alternative | § 112.2 |
| Time to file | 20 days after notice served (Appendix D) | D101.2 |
| Board membership | 5 voting members; non‑employees; qualified | D101.3 / D101.3.1 |
| Quorum | 3 members | D101.5.2 |
| Vote to reverse/modify | 3 concurring votes | D101.7 |
| Stay of enforcement | Yes, except for Imminent Danger notices | D101.2.2 |
| Decision filing deadline | Promptly; filed in writing within 3 days | D101.7.1 |
| Code official action after decision | Immediate action required | § 112.4 and D101.7.2 |
Note: Appendix D provisions are optional model procedures that jurisdictions adopt by ordinance; where Appendix D is not adopted locally, use the jurisdiction’s local appeals board rules and the controlling § 112 provisions in the CEBC. The Appendix itself states its provisions are not mandatory unless adopted.
Exceptions & special cases
- Imminent Danger notices: Appeals of Imminent Danger notices generally do not stay enforcement — the stay-of-enforcement rule excludes imminent danger. D101.2.2.
- Appendix is optional: Appendix D procedures (membership, 20‑day filing, 10‑day meeting, etc.) apply only if the jurisdiction adopts them; otherwise local ordinance or state law controls.
- Board cannot waive code: The board has no authority to waive code requirements; it may only modify or reverse based on the stated grounds. § 112.2.
- Court review: Any person (whether party to the appeal or not) may seek court review (writ of certiorari) to correct errors of law after the board’s decision is filed, subject to applicable laws and time limits. D101.8.
Common mistakes
- Assuming the board can “grant a waiver” — the board cannot waive code requirements (see § 112.2).
- Missing the local filing deadline — Appendix D specifies 20 days; many jurisdictions adopt that or similar timelines, so confirm local rules. D101.2.
- Expecting automatic stay for Imminent Danger notices — these are excluded from the ordinary stay rule. D101.2.2.
- Failing to present evidence that a proposed alternative is equally good or better — the board’s power is limited to accepting equivalent alternatives under the stated grounds (§ 112.2).
- Relying on board composition that conflicts with the jurisdiction’s adopted approach — Appendix D is model language and may differ from local ordinance.
Worked example — concrete scenario and timeline
Scenario: A homeowner receives a written notice and order to abate an unsafe condition on June 1. The homeowner proposes an alternative retrofit and believes the code was misinterpreted.
Step-by-step (using Appendix D model timelines — confirm local adoption):
- File an appeal: the homeowner (any person) files an application for appeal on the board’s form within 20 days of service — i.e., by June 21. D101.2.
- Hearing notice: the board should meet within 10 days of filing the appeal (so by June 31 / July 1) or at the next scheduled meeting; the hearing is open to the public and both the homeowner and the code official may present evidence. D101.5 and D101.5.1.
- Stay of enforcement: because this is not an Imminent Danger notice, the appeal stays enforcement of the order until the board hears the appeal. D101.2.2.
- Decision: the board must obtain three concurring votes to modify or reverse the official’s decision. If the board reverses, it must file the written resolution promptly (within 3 days) and provide copies to the homeowner and code official. D101.7 / D101.7.1.
- Implementation: the code official must take immediate action consistent with the board’s decision. § 112.4 and D101.7.2.
- Court review (if desired): any party may seek court review by writ of certiorari to correct errors of law following the decision filing, per applicable legal timelines. D101.8.
Numbers used above come from Appendix D model provisions (confirm your local jurisdiction’s adopted rules; Appendix D is not automatically in force unless adopted).
Related provisions
- § 112.1 — Board of appeals created; scope and written decisions.
- § 112.2 — Limitations on board authority; proper grounds for appeal.
- § 112.3 — Board qualifications.
- § 112.4 — Administration; code official to act on board decision.
- D101.1–D101.8 (Appendix D) — Model board of appeals procedures: application timing, membership, stays of enforcement, quorum, voting, filing decisions, meeting notice, court review. (Appendix D is optional unless adopted by ordinance.)
Code references
Grounded in the retrieved California Existing Building Code — click a citation to read the verbatim passage:
CEBC § 2.1 High relevance — show source text
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APPENDIX D-2 2025 CALIFORNIA EXISTING BUILDING CODE
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D BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
User notes:
About this appendix: Appendix D provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business.
ICC code development note: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the
2025 (Group B) Code Development Cycle.
SECTION D101—GENERAL
[A] D101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
[A] D101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
[A] D101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
[A] D101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
[A] D101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ INSERT NUMBER OF YEARS ] years or until a successor has been appointed. The board member’s terms shall be staggered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board.
[A] D101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
[A] D101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for the same term or until a successor has been appointed.
[A] D101.3.3 Vacancies. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made.
[A] D101.3.4 Chairperson. The board shall annually select one of its members to serve as chairperson.
CEBC § 1.1.11. High relevance — show source text
Not adopted by the State of California (May be available for adoption by local ordinance. See Section 1.1.11.)
Adopting Agency BSC BSC-
CGSFM HCD Col6 Col7 DSA Col9 Col10 OSHPD Col12 Col13 Col14 Col15 Col16 Col17 BSCC DPH AGR DWR CEC CA SL SLC Adopting Agency BSC BSC-
CGSFM 1 2 1/AC AC SS SS/CC 1 1R 2 3 4 5 6 6 6 6 6 6 6 6 6 Adopt Entire Chapter Adopt Entire Chapter as
amended (amended
sections listed below)Adopt only those sections
that are listed belowChapter / Section The state agency does not adopt sections identified with the following symbol: The Office of the State Fire Marshal’s adoption of this chapter or individual sections is applicable to structures regulated by other state agencies pursuant to Section 1.11.
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D BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
User notes:
About this appendix: Appendix D provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business.
ICC code development note: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the
2025 (Group B) Code Development Cycle.
SECTION D101—GENERAL
[A] D101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
[A] D101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
CEBC § 3.6 High relevance — show source text
[A] D101.3.6 Conflict of interest. A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters.
[A] D101.3.7 Compensation of members. Compensation of members shall be determined by law.
[A] D101.3.8 Removal from the board. A member shall be removed from the board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the board may be removed at the discretion of the chief appointing authority.
[A] D101.4 Rules and procedures. The board shall establish policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented.
[A] D101.5 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic intervals.
[A] D101.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
[A] D101.5.2 Quorum. Three members of the board shall constitute a quorum.
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APPENDIX D—BOARD OF APPEALS
[A] D101.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
[A] D101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.
[A] D101.7 Board decision. The board shall only modify or reverse the decision of the code official by a concurring vote of three or more members.
[A] D101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant’s representative and to the code official.
[A] D101.7.2 Administration. The code official shall take immediate action in accordance with the decision of the board.
[A] D101.8 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
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CALIFORNIA EXISTING BUILDING CODE – MATRIX ADOPTION TABLE
APPENDIX E
CEBC § 112.1 High relevance — show source text
SECTION 112—SERVICE UTILITIES
[A] 112.1 Connection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or 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 113—MEANS OF APPEALS
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building 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 building official.
[A] 113.2 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] 113.3 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 who are not employees of the jurisdiction.
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ADMINISTRATION
[A] 113.4 Administration. The building official shall take action without delay in accordance with the decision of the board.
SECTION 114—VIOLATIONS
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
CEBC § 110.3 High relevance — show source text
[A] 110.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official on request.
The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.
[A] 110.4 Supervision. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.
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DIVISION II—SCOPE AND ADMINISTRATION
110.5 Rendering equipment inoperable. Portable or fixed fire-extinguishing systems or devices, and fire-warning systems, shall be provided with ready access and shall not be rendered inoperative, except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
[A] 110.6 Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, on finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or on finding any condition that constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.
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.
CEBC § 1.5 High relevance — show source text
The California Code of Regulations (CCR), Title 14, Division 1.5 provisions that are found in the California Wildland-Urban Interface Code are not listed in the Matrix Adoption Tables as they are not within the State Fire Marshal’s authority to adopt. These provisions are a reprint from the current CCR, Title 14, Division 1.5 text for the code user’s convenience only and are identified in the body of the code by square brackets containing references to applicable Title 14 sections.
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APPENDIX I-2 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
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I BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or legislation of the jurisdiction.
User notes:
About this appendix: Appendix I contains optional criteria that, where adopted, provide jurisdictions with detailed appeals board member qualifications and administrative procedures to supplement the basic requirements found in Section 112.
SECTION I101—GENERAL
[A] I101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112, Means of Appeals. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the building official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
[A] I101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
[A] I101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
[A] I101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
[A] I101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ NUMBER OF YEARS ] years or until a successor has been appointed. The board members’ terms shall be staggered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board.
[A] I101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
CEBC § 111.1 High relevance — show source text
SECTION 111—SERVICE UTILITIES
[A] 111.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the code official.
[A] 111.2 Temporary connection. The code official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, power, water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 111.3 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 111.1 or 111.2. The code official shall notify the serving utility and, wherever 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 disconnecting, 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 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 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.
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ADMINISTRATION
[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 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 any person, firm or corporation to repair, alter, extend, add, move, remove, demolish or change the occupancy of any building or equipment regulated by this code or cause same to be done in conflict with or in violation of any of the provisions of this code.
CEBC § 112.1 High relevance — show source text
The 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, the owner, the owner’s authorized agent or the 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 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 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.
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[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 code official shall take action without delay in accordance with the decision of the board.
SECTION 113—STOP WORK ORDER
[A] 113.1 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] 113.2 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] 113.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
[A] 113.4 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.
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CHAPTER 2 – DEFINITIONS
CEBC § 105.3. High relevance — show source text
Exceptions:
Certificates of occupancy are not required for work exempt from permits under Section 105.3.
Accessory structures.
[A] 110.3 Temporary occupancy. The code official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The code official shall set a time period during which the temporary certificate of occupancy is valid.
[A] 110.4 Revocation. The code official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
SECTION 111—SERVICE UTILITIES
[A] 111.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by this code for which a permit is required until authorized by the code official.
[A] 111.2 Temporary connection. The code official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, power, water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 111.3 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Sections 111.1 and 111.2. The 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, the owner, the owner’s authorized agent or the 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 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 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.
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ADMINISTRATION
CEBC § 2.1 High relevance — show source text
- The California Code of Regulations (CCR), Title 19, Division 1 provisions that are found in the California Fire Code are a reprint from the current CCR, Title 19, Division 1 text for the code user’s convenience only. The scope, applicability and appeals procedures of CCR, Title 19, Division I remain the same.
2025 CALIFORNIA FIRE CODE APPENDIX A-1
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APPENDIX A-2 2025 CALIFORNIA FIRE CODE
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User notes:
BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or legislation of the jurisdiction.
About this appendix: Appendix A contains optional criteria that, when adopted, provide jurisdictions with detailed appeals, board member qualifications and administrative procedures to supplement the basic requirements found in Section 112 of this code.
ICC code development note: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the 2025 (Group B) Code Development Cycle.
SECTION A101—GENERAL
A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the fire code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
A101.2 Application for appeal. Any person shall have the right to appeal a decision of the fire code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the fire code official within 20 days after the notice was served.
A101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
A101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ NUMBER OF YEARS ] years or until a successor has been appointed. The board member’s terms shall be staggered at intervals, so as to provide continuity. The fire code official shall be an ex officio member of said board but shall not vote on any matter before the board.
A101.3.1 Qualifications. The board shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdiction.
A101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for the same term or until a successor has been appointed.
CEBC § 2.1 High relevance — show source text
2025 CALIFORNIA BUILDING CODE APPENDIX B-1
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B BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically adopted by a state agency or referenced in the adopting ordinance.
User notes:
About this appendix: Appendix B provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business.
ICC code development note: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the
2025 (Group B) Code Development Cycle.
SECTION B101—GENERAL
[A] B101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 113. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the building official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
[A] B101.2 Application for appeal. Any person shall have the right to appeal a decision of the building official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days after the notice was served.
[A] B101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
[A] B101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
[A] B101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ INSERT NUMBER OF YEARS ] years or until a successor has been appointed. The board members’ terms shall be staggered at intervals, so as to provide continuity. The building official shall be an ex officio member of said board but shall not vote on any matter before the board.
[A] B101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
[A] B101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for the same term or until a successor has been appointed.
[A] B101.3.3 Vacancies. Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made.
[A] B101.3.4 Chairperson. The board shall annually select one of its members to serve as chairperson.
CEBC § 5.2 High relevance — show source text
[A] I101.5.2 Quorum. Three members of the board shall constitute a quorum.
[A] I101.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE APPENDIX I-3
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APPENDIX I—BOARD OF APPEALS
[A] I101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.
[A] I101.7 Board decision. The board shall only modify or reverse the decision of the code official by a concurring vote of three or more members.
[A] I101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant’s representative and to the code official.
[A] I101.7.2 Administration. The code official shall take immediate action in accordance with the decision of the board.
[A] I101.8 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
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Access Applicability 402 Driveways 403.2 Fire apparatus access roads 403.3 Grade 403.7
Individual structures 402.2 Marking of roads 402.3, 403.4 Restricted 403.1
Subdivisions 402.1 Accessory Buildings and Miscellaneous Structures
Defined 202
Detached 504.11 Exempt from permit 105.3 Additions or Alterations 101.5
Address Markers 402.3 Agriculture 202 Alternative Materials or Methods 104.2.2
Appeals 112 Appendices 101.2.1 Applicable Building 202 Applicability 102 Approved 202 Approved Agency 104.2.2.6.1, 202 Authority of Code Official 104
Building 202 Building Official 202
Certificate of Completion 111 Certificate of occupancy 111.2 Revocation 111.4
Temporary occupancy 111.3
Code Official 202 Code Official, Authority 104 Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework Appendix C Compliance Alternatives 105 Construction Documents 106
Amended 106.10
Frequently asked questions
Who can I appeal for — only owners, or anyone?
Anyone may file an appeal under the Appendix D model language; the CEBC and Appendix D say any person may appeal a decision of the code official. Check your local ordinance to confirm if the jurisdiction adopted the Appendix D wording. D101.2.
Will filing an appeal stop the code official from enforcing the order?
Generally, yes — appeals of notices and orders other than Imminent Danger notices stay enforcement until the appeal is heard (Appendix D). Confirm local rules for any differences. D101.2.2.
Can the board waive a code requirement if compliance is hard or expensive?
No. The board does not have authority to waive code requirements. It can only modify or reverse a decision where the stated appeal grounds apply (misinterpretation, inapplicability, or an equivalent/ better alternative). § 112.2.
How quickly must the board file and publish its decision?
Under Appendix D model language, every decision must be filed in writing promptly and within three days, and be open for public inspection; a certified copy must be provided to the appellant and the code official. D101.7.1.
If the board rules against me, can I still go to court?
Yes. Appendix D expressly allows any person to apply to the appropriate court for a writ of certiorari to correct errors of law after the board’s decision is filed, subject to statutory time limits and procedures. D101.8.
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