CEBC · California Existing Building Code
How does Appendix D establish the Board of Appeals?
Appendix D (§ D101) of the CEBC requires each jurisdiction to establish a five‑member Board of Appeals to hear challenges to code official decisions; you (or any affected person) have 20 days to file an appeal, hearings must be open and follow specific quorum and voting rules, and the Board cannot waive code requirements or change code administration.
Last reviewed: July 6, 2026
What the code requires — 2-4 sentences
A Board of Appeals must be established in the jurisdiction to hear appeals about the application and intent of this code; the Board’s authority, membership, procedures and limits are set out in § D101 of Appendix D. The Board’s purpose is to hear requests for modification under Section § 112; any person may appeal a code official’s decision by filing the required form within 20 days after notice was served (§ D101.1, § D101.2) . The Board is a five-member body (with up to two alternates) appointed by the chief appointing authority and operated under the rules in § D101 .
The single most important rule: a jurisdiction must have a five‑member Board of Appeals established under § D101 to hear appeals; appellants have 20 days to file, the Board must follow open‑hearing and quorum rules, and it may not waive code requirements or interpret administration (§ D101.1, § D101.2, § D101.2.1) .
Requirements in detail
Scope and purpose
- Establish a Board to hear appeals concerning application and intent of the CEBC and to consider modifications per § 112 (§ D101.1) .
- Appeals are intended to address alleged incorrect interpretation, non‑applicability of a provision, or proposals for an equally good or better alternative (§ D101.2) .
Who may appeal and timing
- Any person may appeal a code official’s decision.
- Filing deadline: within 20 days after the notice was served (§ D101.2) .
Authority limitations
- The Board shall not waive code requirements or interpret the administration of the code (§ D101.2.1) — its role is interpretive of intent and application, not to change administration or grant regulatory waivers .
Composition, qualifications, and appointments
- Membership: five voting members appointed by the chief appointing authority; terms: the template requires appointment for [INSERT NUMBER OF YEARS] (jurisdictions must supply the term length) and must be staggered (§ D101.3) .
- Qualifications: members must be qualified by experience and training in building construction and must not be employees of the jurisdiction (§ D101.3.1) .
- Code official: the code official serves ex officio, may attend and advise but may not vote on any matter before the Board (§ D101.3) .
- Alternates: up to two alternate members may be appointed to sit when regular members are absent or disqualified; alternates must meet the same qualifications (§ D101.3.2) .
Meetings, hearings, procedures
- The Board establishes rules and procedures consistent with the CEBC and state law; hearings need not follow strict rules of evidence but must focus on relevant information (§ D101.4) .
- Notice & timing: the Board shall meet on notice from the chairperson within 10 days of filing an appeal or at stated periodic intervals (§ D101.5) .
- Open hearings: hearings must be open to the public; the appellant, their representative, the code official and affected persons must be given an opportunity to be heard (§ D101.5.1) .
- Quorum: three members constitute a quorum (§ D101.5.2) .
- Postponement: if five members are not present, the appellant (or their representative) has the right to request postponement (§ D101.5.3) .
Decisions and follow‑up
- Vote required to modify or reverse the code official: a concurring vote of three or more members is required (§ D101.7) .
- Decision form: the Board’s decision must be by resolution, filed in writing in the office of the code official within three days, and made available to the public; certified copies go to the appellant and code official (§ D101.7.1) .
- Administration: the code official must take immediate action in accordance with the Board’s decision (§ D101.7.2) .
- Court review: any person may seek writ of certiorari for errors of law after the decision is filed, in the manner and time required by law (§ D101.8) .
Ethics, counsel, and removal
- Conflict of interest: a member with any personal, professional, or financial interest must declare it and refrain from participating (§ D101.3.6) .
- Legal counsel: the jurisdiction must furnish legal counsel to advise the Board; members are to be represented by counsel at the jurisdiction’s expense for matters arising from service within scope (§ D101.6) .
- Compensation and removal: compensation is determined by law; removal prior to term end is only for cause—continued absence may be grounds for removal at the appointing authority’s discretion (§ D101.3.7, § D101.3.8) .
Decision‑relevant summary table
| Decision dimension | Required value / threshold | Code reference |
|---|---|---|
| Number of voting members | 5 voting members (appointed) | § D101.3 |
| Terms | [INSERT NUMBER OF YEARS] (jurisdiction must specify); terms staggered | § D101.3 |
| Alternate members | Up to 2 alternates with same qualifications | § D101.3.2 |
| Who may appeal | Any person adversely affected | § D101.2 |
| Filing deadline for appeal | 20 days after notice was served | § D101.2 |
| Meeting after filing | Board meets within 10 days of filing or at stated intervals | § D101.5 |
| Quorum | 3 members constitute a quorum | § D101.5.2 |
| Vote to reverse/modify official | 3 or more concurring votes | § D101.7 |
| Decision filing | Written resolution filed within 3 days | § D101.7.1 |
| Stay of enforcement | Appeal stays enforcement of notice/order except Imminent Danger notices | § D101.2.2 |
| Limit of authority | Cannot waive code requirements or interpret administration | § D101.2.1 |
Exceptions & special cases
- Appeals do not stay enforcement of Imminent Danger notices — only other notices/orders are stayed pending appeal (§ D101.2.2) .
- The template language for member term length is left as [INSERT NUMBER OF YEARS] in the model appendix; the adopting jurisdiction must supply the term in its local ordinance (§ D101.3) .
- The Board may not grant waivers of code requirements or change how the code is administered — those authority limits are explicit (§ D101.2.1) .
Common mistakes
- Assuming the Board can waive code requirements or change administrative rules — the Board’s authority is expressly limited (§ D101.2.1) .
- Counting the code official as a voting member — the code official is ex officio and may not vote (§ D101.3) .
- Failing to meet procedural timing: late appeals (after 20 days) may be rejected, and Board decisions must be filed within 3 days; both are enforceable timelines (§ D101.2, § D101.7.1) file.
- Misreading the postponement rule: the right to request postponement applies when five members are not present (i.e., if the full five are not seated at that hearing) — not when quorum is lacking (§ D101.5.3, § D101.5.2) .
- Forgetting open‑hearing requirements — hearings must be open to the public (§ D101.5.1) .
Worked example — concrete scenario
Scenario: A property owner receives a notice and order on August 1. They believe the code official misapplied the CEBC and want to appeal.
- File the appeal: the owner must file the appeal form within 20 days, i.e., by August 21 (§ D101.2) .
- Board scheduling: once the appeal is filed on August 10 (example), the Board must meet within 10 days of the filing — so the hearing should be scheduled by August 20 (§ D101.5) .
- Attendance & quorum: the Board has five members; at least 3 must be present for a quorum (§ D101.5.2). If only four members can attend, the appellant has the right to request postponement because five members are not present (§ D101.5.3) .
- Decision: if three members concur to modify the code official’s order, the Board issues a resolution and the decision must be filed in writing in the code official’s office within 3 days (for example, filed by August 23) and the code official must immediately act on it (§ D101.7, § D101.7.1, § D101.7.2) .
- If the owner wants judicial review, they may apply for a writ of certiorari after the decision is filed (§ D101.8) .
Related provisions
- § D101.1 — Scope; establishment and purpose of the Board of Appeals (CEBC Appendix D)
- § D101.2 — Application for appeal; who may appeal and filing deadline (20 days)
- § D101.2.1 — Limitation of authority (Board cannot waive code or interpret administration)
- § D101.2.2 — Stays of enforcement (appeals stay enforcement except Imminent Danger notices)
- § D101.3 — Membership, appointment, ex officio code official and terms (includes the placeholder term length)
- § D101.3.2 — Alternate members
- § D101.4 — Rules and procedures for hearings, evidentiary standard
- § D101.5 / § D101.5.1 / § D101.5.2 / § D101.5.3 — Notice, open hearing, quorum, postponed hearing rules
- § D101.6 — Legal counsel for the Board (jurisdiction to provide counsel)
- § D101.7 / § D101.7.1 / § D101.7.2 — Board decision voting threshold, resolution filing and administration of decision
- § D101.8 — Court review (writ of certiorari)
Code references
Grounded in the retrieved California Existing Building Code — click a citation to read the verbatim passage:
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.
2025 CALIFORNIA EXISTING BUILDING CODE APPENDIX D-3
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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.
APPENDIX D-4 2025 CALIFORNIA EXISTING BUILDING CODE
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CALIFORNIA EXISTING BUILDING CODE – MATRIX ADOPTION TABLE
APPENDIX E
CEBC § 2.1 High relevance — show source text
2025 CALIFORNIA EXISTING BUILDING CODE APPENDIX D-1
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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.
2025 CALIFORNIA EXISTING BUILDING CODE APPENDIX D-1
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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.
CEBC § 102.4 High relevance — show source text
Chapter 14 is applicable to any building that is moved or relocated. This chapter is independent of any of the three compliance methods and focuses on the structural loads where the building is being relocated.
Chapter 15 Construction Safeguards.
Chapter 15 establishes specific regulations in order to minimize the risk to the public and adjacent property during construction. Additionally, this chapter addresses fire and life safety and means of egress during the construction process. This includes requirements for a site safety plan. This chapter is also consistent with Chapter 33 of the CBC and Chapter 33 of the California Fire Code (CFC).
Chapter 16 Referenced Standards.
Chapter 16 lists all of the product and installation standards and codes that are referenced throughout Chapters 1 through 15 and includes identification of the promulgators and the section numbers in which the standards and codes are referenced. As stated in Section 102.4, these standards and codes become an enforceable part of the code (to the prescribed extent of the reference) as if printed in the body of the code.
Appendix A Guidelines for the Seismic Retrofit of Existing Buildings.
Appendix A provides guidelines for upgrading the seismic resistance capacity of different types of existing buildings. It is organized into separate chapters which deal with buildings of different types, including unreinforced masonry buildings, reinforced concrete and reinforced masonry wall buildings, and lightframe wood buildings. This appendix includes its own referenced standards.
Appendix B Supplementary Accessibility Requirements for Existing Buildings and Facilities.
Chapters 11A and 11B of the CBC contain provisions that set forth requirements for accessibility to buildings and their associated sites and facilities for people with physical disabilities. Appendix B was added to address accessibility in construction for items that are not typically enforceable through the traditional building code enforcement process.
Appendix C Guidelines for the Wind Retrofit of Existing Buildings.
The purpose of Appendix C is to provide voluntary prescriptive alternatives for addressing the retrofit of buildings in high-wind areas. Currently, there are two chapters which deal with the retrofit of gable ends and the fastening of roof decks, Appendix Chapters C1 and C2, respectively. This appendix includes its own referenced standards.
Appendix D Board of Appeals.
Appendix D contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.
Appendix E Temporary Emergency Uses.
Appendix E is intended to provide guidance for designers, engineers, architects and fire and building officials on allowing temporary emergency uses of existing buildings with respect to the minimum code requirements. This appendix is a template or checklist that references the relevant code requirement of concerns.
Resource A Guidelines on Fire Ratings of Archaic Materials and Assemblies.
In the process of repair and alteration of existing buildings, based on the nature and the extent of the work, the CEBC might require certain upgrades in the fire-resistance rating of building elements, at which time it becomes critical for the designers and the code
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officials to be able to determine the fire-resistance rating of the existing building elements as part of the overall evaluation for the assessment of the need for improvements. These guidelines are based upon the Guideline on Fire Ratings of Archaic Materials published by the National Institute of Building Sciences (NIBS).
2025 CALIFORNIA EXISTING BUILDING CODE xv
CEBC § 1.8.8 High relevance — show source text
ADMINISTRATION
SECTION 1.8.8—APPEALS BOARD
1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions. The following terms shall for the purposes of this section have the meaning shown.
HOUSING APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, “Housing appeals board” means the local appeals board having jurisdiction over the area.
LOCAL APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, “Local appeals board” means the governing body of the city, county, or city and county having jurisdiction over the area.
1.8.8.3 Appeals. Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.
The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.
SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES
_**1.8.9.1 Authority to enforce.
CEBC § 1.8.8 High relevance — show source text
SECTION 1.8.8—APPEALS BOARD
1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions. The following terms shall for the purposes of this section have the meaning shown.
HOUSING APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, “Housing appeals board” means the local appeals board having jurisdiction over the area.
LOCAL APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, “Local appeals board” means the governing body of the city, county, or city and county having jurisdiction over the area.
1.8.8.3 Appeals. Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determi- nation by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or hous- ing appeals board as appropriate.
The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.
SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES
_**1.8.9.1 Authority to enforce.
CEBC § 1-3 High relevance — show source text
Appendix C Guidelines for the Wind Retrofit of Existing Buildings.
The purpose of Appendix C is to provide voluntary prescriptive alternatives for addressing the retrofit of buildings in high-wind areas. Currently, there are two chapters which deal with the retrofit of gable ends and the fastening of roof decks, Appendix Chapters C1 and C2, respectively. This appendix includes its own referenced standards.
Appendix D Board of Appeals.
Appendix D contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.
Appendix E Temporary Emergency Uses.
Appendix E is intended to provide guidance for designers, engineers, architects and fire and building officials on allowing temporary emergency uses of existing buildings with respect to the minimum code requirements. This appendix is a template or checklist that references the relevant code requirement of concerns.
Resource A Guidelines on Fire Ratings of Archaic Materials and Assemblies.
In the process of repair and alteration of existing buildings, based on the nature and the extent of the work, the CEBC might require certain upgrades in the fire-resistance rating of building elements, at which time it becomes critical for the designers and the code
xiv 2025 CALIFORNIA EXISTING BUILDING CODE
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officials to be able to determine the fire-resistance rating of the existing building elements as part of the overall evaluation for the assessment of the need for improvements. These guidelines are based upon the Guideline on Fire Ratings of Archaic Materials published by the National Institute of Building Sciences (NIBS).
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xvi 2025 CALIFORNIA EXISTING BUILDING CODE
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CONTENTS
CHAPTER 1 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . 1-3
DIVISION I – CALIFORNIA ADMINISTRATION . . . . . . . . . . . . . . . . . . . 1-3
1.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
1.2 Building Standards Commission. . . . . . . . . . . . . . . . . . . 1-5
1.3 Board of State and Community Corrections. . . . . . . . . 1-7
1.4 Department of Consumer Affairs. . . . . . . . . . . . . . . . . . . 1-7
1.5 California Energy Commission. . . . . . . . . . . . . . . . . . . . . 1-7
1.6 Department of Food and Agriculture . . . . . . . . . . . . . . . 1-7
1.7 Department of Public Health . . . . . . . . . . . . . . . . . . . . . . 1-7
CEBC § 1.8.8 Medium relevance — show source text
The consideration and approval of alternates shall comply with the following:_ 1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance with the California Building Standards Code. 2. The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests or methods of construction prescribed by this code.
SECTION 1.8.8—APPEALS BOARD
1.8.8.1 General. Every city, county or city and county shall establish a process to hear and decide appeals of orders, decisions and deter- minations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions. The following terms shall for the purposes of this section have the meaning shown.
HOUSING APPEALS BOARD. The board or agency of a city, county or city and county which is authorized by the governing body of the city, county or city and county to hear appeals regarding the requirements of the city, county or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, “Housing Appeals Board” means the local appeals board having jurisdiction over the area.
LOCAL APPEALS BOARD. The board or agency of a city, county or city and county which is authorized by the governing body of the city, county or city and county to hear appeals regarding the building requirements of the city, county or city and county. In any area in which there is no such board or agency, “Local Appeals Board” means the governing body of the city, county or city and county having jurisdiction over the area.
1.8.8.3 Appeals. Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determi- nation by a city, county or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.
The local appeals board shall hear appeals relating to new building construction, and the housing appeals board shall hear appeals relating to existing buildings.
2025 CALIFORNIA RESIDENTIAL CODE 1-9
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DIVISION I CALIFORNIA ADMINISTRATION
SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES
CEBC § 2.1 Medium 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 § 1-11 Medium relevance — show source text
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ADMINISTRATION
3. The local building department may require tests performed by an approved testing agency at the expense of the owner or owner’s agent as proof of compliance. 4. If the proposed alternate is related to accessibility in covered multifamily dwellings or in facilities serving covered multifam- ily dwellings as defined in Chapter 2, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2.
For additional information regarding approval of alternates by a building department pursuant to the State Housing Law, see Cali- fornia Health and Safety Code Section 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.
1.8.7.3 Department of Housing and Community Development. The Department of Housing and Community Development may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal or demolition of apartments, condominiums, hotels, motels, lodging houses, dwellings or an accessory thereto and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alternates shall comply with the following: 1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance with the California Building Standards Code. 2. The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests or methods of construction prescribed by this code.
SECTION 1.8.8—APPEALS BOARD
1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions. The following terms shall for the purposes of this section have the meaning shown.
HOUSING APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, “Housing appeals board” means the local appeals board having jurisdiction over the area.
CEBC § 102.4 Medium relevance — show source text
Chapter 31F is promulgated by the California State Lands Commission (SLC) and establishes minimum engineering, inspection and maintenance criteria for marine oil terminals (MOTs) in order to prevent oil spills and to protect public health, safety and the environ- ment. The provisions of this chapter regulate onshore and offshore MOTs, including marine terminals that transfer liquefied natural gas (LNG) and are applicable to the evaluation of existing MOTs and design of new MOTs in California. The Marine Environmental Protection Division administers this chapter on behalf of the SLC.
Chapter 32 Encroachments into the Public Right-of-Way.
Buildings and structures may be designed to extend over a property line and into the public right-of-way. Local regulations outside of the building code usually set limits to such encroachments, and such regulations take precedence over the provisions of this chapter. Chapter 32 establishes parameters for such encroachments, not only at grade but also above and below grade. Pedestrian walkways must also comply with Chapter 31.
Chapter 33 Safeguards During Construction.
Chapter 33 provides safety requirements for the job site during construction and demolition of buildings and structures. In addition, it provides requirements intended to protect the public from injury and adjoining property from damage.
Chapter 34 Reserved.
Chapter 35 Referenced Standards.
Chapter 35 lists all of the product and installation standards and codes that are referenced throughout Chapters 1 through 33 and includes identification of the promulgators and the section numbers in which the standards and codes are referenced. As stated in Section 102.4, these standards and codes become an enforceable part of the code (to the prescribed extent of the reference) as if printed in the body of the code.
Appendix A Employee Qualifications.
Effective administration and enforcement of the family of International Codes depends on the training and expertise of the personnel employed by the jurisdiction and their knowledge of the codes. Section 103 of the code establishes the Department of Building Safety and calls for the appointment of a building official and deputies, such as plans examiners and inspectors. Appendix A provides standards for experience, training and certification for the building official and the other staff mentioned in Chapter 1.
Appendix B Board of Appeals.
Appendix B contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.
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Appendix C Group U—Agricultural Buildings.
Appendix C provides special consideration for the construction of agricultural buildings reflective of their specific usage and limited occupant load. The provisions of this appendix allow reasonable heights and areas commensurate with the risk of agricultural buildings.
Appendix D Fire Districts.
Appendix D establishes a framework by which a jurisdiction can establish a portion of a jurisdiction as a fire district where limiting the potential spread of fire is a key consideration. Fire district standards restrict certain occupancies within the district, as well as setting higher minimum construction standards.
Appendix E Reserved.
Appendix F Rodentproofing.
The provisions of Appendix F are minimum mechanical methods to prevent the entry of rodents into a building.
Appendix G Flood-Resistant Construction.
CEBC § 1.8.7.3 Medium relevance — show source text
_ 4. If the proposed alternate is related to accessibility in covered multifamily dwellings or in facilities serving covered multifamily dwellings as defined in Chapter 2 of the California Building Code, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2 of the California Building Code.
For additional information regarding approval of alternates by a building department pursuant to the State Housing Law, see California Health and Safety Code Section 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.
1.8.7.3 Department of Housing and Community Development. The Department of Housing and Community Development may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal or demolition of apartments, condominiums, hotels, motels, lodging houses, dwellings or accessory structures thereto and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alternates shall comply with the following: 1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance with the California Building Standards Code. 2. The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests or methods of construction prescribed by this code.
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ADMINISTRATION
SECTION 1.8.8—APPEALS BOARD
1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
1.8.8.2 Definitions. The following terms shall for the purposes of this section have the meaning shown.
HOUSING APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, “Housing appeals board” means the local appeals board having jurisdiction over the area.
Frequently asked questions
Who can file an appeal to the Board of Appeals?
Any person adversely affected by a code official’s decision may file an appeal; the application must be filed on the form obtained from the code official within 20 days after the notice was served (§ D101.2) .
Does an appeal stop the code official from enforcing the notice?
Yes — appeals of notices and orders (except Imminent Danger notices) stay enforcement until the appeal is heard by the Board (§ D101.2.2) .
How many Board members must agree to overturn the code official?
A concurring vote of three or more members is required to modify or reverse the code official’s decision (§ D101.7) .
Is the code official a voting member of the Board?
No — the code official is an ex officio member but may not vote on matters before the Board (§ D101.3) .
If fewer than five members attend, can the hearing proceed?
A quorum of three members is sufficient to proceed (§ D101.5.2), but if five members are not present, the appellant has the right to request a postponement (§ D101.5.3) .
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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Appendices B, D, E and Resource A — accessibility, appeals, emergency uses and fire ratings
California Existing Building Code