CFC · California Fire Code
When is a breach or damage to a fire‑resistance element an 'unsafe condition' and what must be done?
If a fire‑resistance or smoke‑resistance element (walls, floors, shafts, barriers, penetrations, joints, doors) is damaged, breached, or no longer performs as required by the applicable code, the California Fire Code treats that as an **unsafe condition** and the owner must repair or replace it to restore the required protection. The fire code official can require repairs, issue notices, and, where there is an imminent danger, order immediate evacuation and summary abatement.
Last reviewed: July 6, 2026
What the code requires — 2–4 sentences
Per § 701.7, any component of the fire‑resistance or smoke‑resistance systems that is not maintained, does not function as intended, or no longer has the fire‑ or smoke‑resistance required is to be considered an unsafe condition and must be repaired or replaced to conform to the code under which the building was constructed, remodeled or altered (or to this chapter as the fire code official deems appropriate). The code gives the fire code official authority to require abatement and—if the condition presents an imminent danger—to order evacuation and immediate action under § 115.2.
The single most important rule: if a fire‑resistance or smoke‑resistance element no longer provides the protection required by the applicable code, it is an unsafe condition and must be corrected (repair, restore or replace) under the direction of the fire code official.
Requirements in detail
Key defined terms and controlling sections (first mentions)
- Unsafe condition — § 115.1.1 (structures/equipment that are unsafe, constitute a fire hazard, or are otherwise dangerous to life or welfare).
- § 701.7 — Governs when fire‑resistance/smoke‑resistance components are deemed unsafe and mandates repair/replacement.
- § 115.2 — Authority to require immediate evacuation when an imminent danger exists.
How to decide whether a breach/damage is an "unsafe condition"
Decision‑relevant dimensions: what was damaged, how that damage affects performance, and the immediacy of hazard. Use the following table to guide the determination.
| Decision dimension | Typical indicator(s) | What the code treats it as | Required action | Code Reference |
|---|---|---|---|---|
| Element type | Fire wall, fire barrier, fire partition, horizontal assembly, shaft enclosure, smoke barrier/partition | Protected element whose rating or smoke resistance is required to be maintained | Repair/replace to restore required protection | § 701.2, § 701.3–701.5 |
| Loss of listed performance | Open holes into cavity, missing/damaged opening protective, removed fireproofing or penetration materials | Treated as not maintaining required fire/smoke resistance → unsafe condition | Restore with materials/systems meeting original code/listing; use tested firestop or listed repair method | § 701.7, § 703.1–703.2 |
| Functional failure | Door self‑closer broken, automatic door not closing, smoke damper stuck | Component “does not function as intended” → unsafe | Repair/reinstate functionality immediately; may require removal from service until fixed | § 701.7 |
| Extent / hazard level | Small cosmetic crack vs. large breach allowing smoke/heat passage or structural impairment | If condition presents imminent danger → emergency authority applies | Evacuation, summary abatement, or immediate corrective action per fire code official | § 115.2 |
| Ownership / maintenance duty | Owner inspection records, annual visual inspection of concealed elements when accessible | Owner required to inventory and inspect annually and make repairs | Owner must abate damaged/penetrated/breached elements; keep records per § 110.3 | § 701.6, § 701.6.1 |
Notes on performance repairs: where penetrations or joint systems are repaired, materials/systems must meet the original requirements or better and, where a listing/system number exists, be inspected to that listing and manufacturer installation instructions.
Process and timeline the code contemplates
- Identification: owner annual inspection duty and visual checks; fire code official may identify unsafe conditions during inspection. § 701.6 and § 701.7.
- Determination: the fire code official deems the component unsafe per § 701.7 and § 115.1.1.
- Notice & record: the fire code official will file a report and serve written notice specifying required repairs or demolition and a stipulated time to comply (see § 115.2–115.5).
- Abatement: owner must repair, rehabilitate or demolish or choose approved corrective action; where imminent danger exists, immediate evacuation and summary abatement may be ordered. § 115.6, § 115.7, § 115.2.
Exceptions & special cases
- Repairs shall restore protection to the code that was applicable when the building was constructed, remodeled or altered — the fire code official may permit repair to that historic standard or to the current chapter standard as appropriate (i.e., not all repairs must meet the 2025 code if original code allowed less). See § 701.7.
- Where a listed system design number exists for a penetration or joint system, repairs/inspections must follow the listing and manufacturer’s installation instructions (not simply any on‑site patch). See § 703.1 and § 704.1.
- Concealed elements are exempt from annual visual inspection by the owner unless accessible via removable panels, ceiling tiles, access doors, etc. (owner still responsible to repair when damage is discovered). § 701.6.
If a local ordinance or another adopted code (e.g., California Building Code or an agency adoption) imposes different requirements, the fire code official’s direction and applicable adoption must be followed; the fire code references these coordination points.
Common mistakes
- Treating any small crack or cosmetic damage as automatically requiring full replacement — the code requires evaluation of whether the element “does not function as intended” or lacks required resistance; many defects are repairable if restored to required performance. § 701.7.
- Fixing penetrations with non‑listed or ad‑hoc materials that are not approved firestop systems; the code requires repair with materials/systems that meet the applicable code/listing and manufacturer instructions when a system design number is known. § 703.1–703.2.
- Failing to document annual inspections and repairs — the owner must maintain an inventory and retain inspection/repair records per § 701.6 and § 701.6.1.
- Waiting until a local inspection to repair obvious breaches — if the condition presents an imminent danger, the fire code official can order evacuation and summary abatement; owners should act promptly. § 115.2, § 115.7.
Worked example — concrete scenario
Scenario: A tenant installs new plumbing and leaves a 4‑inch circular opening through a floor assembly that had a 1‑hour fire‑resistance rating. The opening has no listed firestop and reveals the floor cavity.
- Determine effect: the opening allows direct smoke/heat passage and defeats the assembly’s tested continuity → the element “does not have the fire resistance required.” § 701.7 says this is an unsafe condition.
- Owner duty: under § 701.6, the owner must repair/restore the element; annual inspection obligations mean the owner should discover and correct it promptly.
- Repair action: restore the penetration with a listed through‑penetration firestop system or equivalent materials that meet or exceed the original 1‑hour rating; if a system design number is known, the repair must be inspected against that listing. § 703.1–703.2.
- If the breach were large enough that smoke or heat could immediately endanger occupants (for example, multiple large openings between an exit corridor and occupied space), the fire code official could order immediate evacuation under § 115.2 and require summary abatement.
Result: The owner installs a tested firestop system per the manufacturer listing, documents the repair, and retains inspection records — bringing the assembly back into compliance and removing the “unsafe condition.”
Related provisions (brief list)
- § 701.2 — Fire‑resistance‑rated construction shall be maintained.
- § 701.3 — Smoke barriers’ rating and smoke resistance shall be maintained.
- § 701.5 — Materials/systems used to repair/protect breaches must be maintained in accordance with Sections 703–707.
- § 701.6 — Owner’s responsibility: inventory, annual visual inspection, repair/restore.
- § 703.1–703.2 — Maintaining protection and repair requirements for membrane and through penetrations.
- § 704.1 — Maintaining protection for joints and voids where required.
- § 115.1.1 — Definition/threshold for “unsafe condition.”
- § 115.2 — Evacuation authority where imminent danger exists.
- § 115.3–115.6 — Records, notices, methods of service, and restoration/abatement processes.
Code references
Grounded in the retrieved California Fire Code — click a citation to read the verbatim passage:
CFC § 701.6.1 High relevance — show source text
701.6.1 Recordkeeping. Records of all required system inspections, testing, repairs and maintenance shall be maintained in accordance with Section 110.3.
701.7 Unsafe conditions. Where any components in this chapter are not maintained and do not function as intended or do not have the fire resistance or the resistance to the passage of smoke required by the code under which the building was constructed, remodeled or altered, such component(s) or portion thereof shall be deemed an unsafe condition, in accordance with Section 115.1.1. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed, remodeled or altered or this chapter, as deemed appropriate by the fire code official.
Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 115.2.
SECTION 702—DEFINITIONS
702.1 Definitions. The following terms are defined in Chapter 2:
DRAFTSTOP.
FIREBLOCKING.
MEMBRANE-PENETRATION FIRESTOP SYSTEM.
OPENING PROTECTIVE.
SMOKE BARRIER.
SMOKE PARTITION.
THROUGH-PENETRATION FIRESTOP SYSTEM.
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FIRE AND SMOKE PROTECTION FEATURES
SECTION 703—PENETRATIONS
703.1 Maintaining protection. Materials and firestop systems used to protect membrane and through penetrations in fire-resistance-rated construction and construction installed to resist the passage of smoke shall be maintained. The materials and firestop systems shall be securely attached to or bonded to the construction being penetrated with no openings visible through or into the cavity of the construction. Where the system design number is known, the system shall be inspected to the listing criteria and manufacturer’s installation instructions.
703.2 Repair of penetrations. Where damaged, materials used to protect membrane- and through-penetrations shall be replaced or restored with materials or systems that meet or exceed the code requirements applicable at the time when the assembly was constructed, remodeled or altered.
SECTION 704—JOINTS AND VOIDS
704.1 Maintaining protection. Where required when the building was originally constructed, materials and systems used to protect joints and voids in the following locations shall be maintained. The materials and systems shall be securely attached to or bonded to the adjacent construction, without openings visible through the construction.
Joints in or between fire-resistance-rated walls, floors or floor/ceiling assemblies and roof or roof/ceiling assemblies.
Joints in smoke barriers.
Voids at the intersection of a horizontal floor assembly and an exterior curtain wall.
Voids at the intersection of a horizontal smoke barrier and an exterior curtain wall.
Voids at the intersection of a nonfire-resistance-rated floor assembly and an exterior curtain wall.
Voids at the intersection of a vertical fire barrier and an exterior curtain wall.
Voids at the intersection of a vertical fire barrier and a nonfire-resistance-rated roof assembly.
Unprotected joints and voids do not need to be protected where such joints and voids were not required to be protected when the building was originally constructed. Where the system design number is known, the system shall be inspected to the listing criteria and manufacturer’s installation instructions.
CFC § 701.2 High relevance — show source text
701.2 Fire-resistance-rated construction. The fire-resistance rating of the following fire-resistance-rated construction shall be maintained:
Structural members.
Exterior walls.
Fire walls, fire barriers, fire partitions.
Horizontal assemblies.
Shaft enclosures.
701.2.1 Hanging displays. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.
701.3 Smoke barriers. The fire-resistance rating and smoke-resistant characteristics of smoke barriers shall be maintained.
701.4 Smoke partitions. The smoke-resistant characteristics of smoke partitions shall be maintained.
701.5 Maintaining protection. Materials, systems and devices used to repair or protect breaches and openings in fire-resistance-rated construction and construction installed to resist the passage of smoke shall be maintained in accordance with Sections 703 through 707.
701.6 Owner’s responsibility. The owner shall maintain an inventory of all required fire-resistance-rated construction, construction installed to resist the passage of smoke and the construction included in Sections 703 through 707 and Sections 602.4.1 and 602.4.2 of the California Building Code . Such construction shall be visually inspected by the owner annually and properly repaired, restored or replaced where damaged, altered, breached or penetrated. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or similar movable entry to the space.
701.6.1 Recordkeeping. Records of all required system inspections, testing, repairs and maintenance shall be maintained in accordance with Section 110.3.
701.7 Unsafe conditions. Where any components in this chapter are not maintained and do not function as intended or do not have the fire resistance or the resistance to the passage of smoke required by the code under which the building was constructed, remodeled or altered, such component(s) or portion thereof shall be deemed an unsafe condition, in accordance with Section 115.1.1. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed, remodeled or altered or this chapter, as deemed appropriate by the fire code official.
Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 115.2.
SECTION 702—DEFINITIONS
702.1 Definitions. The following terms are defined in Chapter 2:
DRAFTSTOP.
FIREBLOCKING.
MEMBRANE-PENETRATION FIRESTOP SYSTEM.
OPENING PROTECTIVE.
SMOKE BARRIER.
SMOKE PARTITION.
THROUGH-PENETRATION FIRESTOP SYSTEM.
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FIRE AND SMOKE PROTECTION FEATURES
SECTION 703—PENETRATIONS
CFC § 2-6 High relevance — show source text
For purposes of this definition, work done to implement repairs shall not be considered damage that reduces structural capacity.
SUBSTANTIAL STRUCTURAL DAMAGE. [OSHPD 1 & 1R] A condition where any of the following apply: 1. The vertical elements of the lateral force-resisting system have suffered damage such that the lateral load carrying capacity of any story in any horizontal direction has been reduced by more than 10 percent from its predamage condition. 2. The capacity of any vertical component carrying gravity load, or any group of such components, has a tributary area more than 15 percent of the total area of the structure’s floor(s) and roof(s), has been reduced more than 10 percent from its predamage condition, and the remaining capacity of such affected elements, with respect to all dead and live loads, is less than 75 percent of that required by the California Building Code for new buildings of similar structure, purpose and location. 3. The capacity of any structural component carrying snow load, or any group of such components, that supports more than 15 percent of the roof area of similar construction, has been reduced more than 10 percent from its predamage condition, and the
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DEFINITIONS
remaining capacity with respect to dead, live and snow loads is less than 75 percent of that required by the California Building Code for new buildings of similar structure, purpose and location.
TECHNICALLY INFEASIBLE. An alteration of a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.
UNREINFORCED CONCRETE. [OSHPD 1, 1R, 2, 4 & 5] Unreinforced concrete as used in this chapter means plain concrete as defined in ACI 318 Section 2.3.
UNREINFORCED MASONRY. [OSHPD 1, 1R, 2, 4 & 5] Unreinforced masonry as used in this chapter means masonry construction where reinforcements in any direction is less than minimum reinforcement specified in TMS 402 Section 7.3.2.6.
UNSAFE. Buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or in which the structure or individual structural members meet the definition of “Dangerous,” or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe.
[HCD 1 & HCD 2] An unsafe building, as defined in this chapter, shall be considered substandard.
CFC § 44.5 High relevance — show source text
In_ these instances, floor separations or smoke barriers shall have a fire resistance equal to not less than [1] / 2 -inch (13 mm) gypsum wall board on each side of wood studs with openings protected by not less than a 1 [3] / 4 -inch (44.5 mm) solid bonded wood-core door of the self- closing type. All other vertical openings shall be enclosed in accordance with the provisions of Sections 1114.6 and 1114.13.
1115.4 Exit access. Each floor or portion thereof of buildings used for the housing of existing protective social-care homes or facilities shall have access to not less than two exits in such a manner as to furnish egress from the building or structure in the event of an emer- gency substantially equivalent to the provisions of Chapter 10 of the California Building Code. 1115.5 Corridor openings. Openings from rooms to interior corridors shall be protected by not less than 1 [3] / 4 -inch (44.5 mm) solid-bonded wood-core doors. Transoms and other similar openings shall be sealed with materials equivalent to existing corridor wall construction.
1115.6 Interior finishes. Interior wall and ceiling finishes shall conform to the requirements for a Group R-1 Occupancy as specified in Chapter 8 of the California Building Code.
1115.7 Automatic fire sprinklers. Automatic sprinkler systems shall be installed in existing protective social-care occupancies in accor- dance with the provisions of Section 903.2.6 of the California Building Code.
1115.8 Fire alarm systems. Automatic fire alarm systems shall be installed in existing protective social-care homes or facilities in accor- dance with the provisions of Section 907.2.6 of the California Building Code.
Exception: When an approved automatic sprinkler system conforming to Section 903.2.6 of the California Building Code is installed, a separate fire alarm system as specified in this section need not be provided.
SECTION 1116—EXISTING GROUP L AND GROUP H-8 OCCUPANCIES [SFM]
1116.1 Repairs general. Additions, alterations or repairs may be made to any building or structure without requiring the existing build- ing or structure to comply with all the requirements of this code section, provided the addition, alteration or repair conforms to the requirements of this section.
1116.2 Unsafe condition. Additions, repairs or alterations shall not be made to an existing building or structure that will cause the exist- ing building or structure to be in violation of any of the provisions of this code, nor shall such additions or alterations cause the existing building or structure to become unsafe, or to be in violation of any of the provisions of this code. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.
1116.3 Changes in use or occupancy. Any buildings that have alternations or additions, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings.
CFC § 109.3 Medium relevance — show source text
Orders or notices that are given verbally shall be confirmed by service in writing as herein provided.
[A] 109.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections 109.3.1 through 109.3.8.
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ADMINISTRATION
[A] 109.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains.
If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent.
[A] 109.3.2 Compliance with tags. A building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section 109.3.1.
[A] 109.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official.
[A] 109.3.4 Citations. Persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor.
[A] 109.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes.
[A] 109.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
[A] 109.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order.
[A] 109.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods:
- Delivered to the owner or the owner’s authorized agent personally.
- Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested.
- Delivered in any other manner as prescribed by local law.
CFC § 1.11. Medium 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. The state agency does not adopt sections identified by 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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7 FIRE AND SMOKE PROTECTION FEATURES
User notes:
About this chapter: Chapter 7 provides requirements to maintain the fire-resistance ratings of building elements and to limit fire spread. Section 701 addresses the maintenance of and owner’s responsibility for construction elements such as fire barriers and smoke barriers. The rest of the chapter deals with various aspects that also must be maintained to achieve overall fire resistance of the main fire- and smoke-resistive features. These include penetrations, joint protection, door and window openings, and duct and air transfer opening protection.
SECTION 701—GENERAL
701.1 Scope. The provisions of this chapter shall govern the inspection and maintenance of the materials, systems and assemblies used for structural fire resistance, fire-resistance-rated construction separation of adjacent spaces and construction installed to resist the passage of smoke to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings. New buildings shall comply with the California Building Code.
701.2 Fire-resistance-rated construction. The fire-resistance rating of the following fire-resistance-rated construction shall be maintained:
Structural members.
Exterior walls.
Fire walls, fire barriers, fire partitions.
Horizontal assemblies.
Shaft enclosures.
701.2.1 Hanging displays. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.
701.3 Smoke barriers. The fire-resistance rating and smoke-resistant characteristics of smoke barriers shall be maintained.
701.4 Smoke partitions. The smoke-resistant characteristics of smoke partitions shall be maintained.
701.5 Maintaining protection. Materials, systems and devices used to repair or protect breaches and openings in fire-resistance-rated construction and construction installed to resist the passage of smoke shall be maintained in accordance with Sections 703 through 707.
701.6 Owner’s responsibility. The owner shall maintain an inventory of all required fire-resistance-rated construction, construction installed to resist the passage of smoke and the construction included in Sections 703 through 707 and Sections 602.4.1 and 602.4.2 of the California Building Code . Such construction shall be visually inspected by the owner annually and properly repaired, restored or replaced where damaged, altered, breached or penetrated. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or similar movable entry to the space.
CFC § 2.1 Medium relevance — show source text
Notes. The “Notes” column can be used for many purposes, but it might be a good idea to make specific references to other field notes or drawings.
After the building survey is completed, the data collected must be analyzed. A suggested work sheet for organizing this information is given as Table 2.1(2).
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RESOURCE A—GUIDELINES ON FIRE RATINGS OF ARCHAIC MATERIALS AND ASSEMBLIES
TABLE 2.1(1)
PRELIMINARY EVALUATION FIELD NOTESCol2 Col3 Col4 Col5 Col6 BUILDING ELEMENT BUILDING ELEMENT MATERIALS THICKNESS CONDITION NOTES Exterior Bearing Walls Exterior Bearing Walls Interior Bearing Walls Interior Bearing Walls Exterior Nonbearing Walls Exterior Nonbearing Walls Interior Nonbearing
Walls or PartitionsA Interior Nonbearing
Walls or PartitionsB Structural Frame:
ColumnsStructural Frame:
ColumnsBeams Beams Other Other Floor/Ceiling Structural System:
SpanningFloor/Ceiling Structural System:
SpanningRoofs Roofs Doors (including frame and hardware):
a)
Enclosed vertical exitwayDoors (including frame and hardware):
a)
Enclosed vertical exitwayb)
Enclosed horizontal exitwayb)
Enclosed horizontal exitwayc)
Otherc)
OtherThe required fire resistance and flame spread for each building element are normally established by the local building or rehabilitation code. The fire performance of the existing materials and assemblies should then be estimated, using one of the techniques described below. If the fire performance of the existing building element(s) is equal to or greater than that required, the materials and assemblies may remain. If the fire performance is less than required, then corrective measures must be taken.
The most common methods of upgrading the level of protection are to either remove and replace the existing building element(s) or to repair and upgrade the existing materials and assemblies. Other fire protection measures, such as automatic sprinklers or detection and alarm systems, also could be considered, though they are beyond the scope of this guideline. If the upgraded protection is still less than that required or deemed to be acceptable, additional corrective measures must be taken. This process must continue until an acceptable level of performance is obtained. TABLE 2.1(2) PRELIMINARY EVALUATION WORKSHEET
BUILDING ELEMENT Col2 REQUIRED
FIRE
RESISTANCEREQUIRED
FLAME
SPREADESTIMATED
FIRE
RESISTANCEESTIMATED
FLAME
SPREADMETHOD OF
UPGRADINGESTIMATED
UPGRADED
PROTECTIONNOTES Exterior Bearing Walls Exterior Bearing Walls Interior Bearing Walls Interior Bearing Walls Exterior Nonbearing Walls Exterior Nonbearing Walls Interior Nonbearing
Walls orCFC § 3.4 Medium relevance — show source text
FIGURE 3.4
MODIFICATION DETAILS
3/ 8"
PLYWOODCol2 For SI: 1 inch = 25.4 mm.
4—SUMMARY
This section summarizes the various approaches and design solutions discussed in the preceding sections of the guideline. The term “structural system” includes: frames, beams, columns and other structural elements. “Cover” is a protective layer(s) of materials or membrane which slows the flow of heat to the structural elements. It cannot be stressed too strongly that the fire endurance of actual building elements can be greatly reduced or totally negated by removing part of the cover to allow pipes, ducts or conduits to pass through the element. This must be repaired in the rehabilitation process.
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RESOURCE A—GUIDELINES ON FIRE RATINGS OF ARCHAIC MATERIALS AND ASSEMBLIES
The following approaches shall be considered equivalent.
4.1 The fire resistance of a building element can be established from the Appendix tables. This is subject to the following limitations:
The building element in the rehabilitated building shall be constructed of the same materials with the same nominal dimensions as stated in the tables.
All penetrations in the building element or its cover for services such as electricity, plumbing and HVAC shall be packed with noncombustible cementitious materials and so fixed that the packing material will not fall out when it loses its water of hydration.
The effects of age and wear and tear shall be repaired so that the building element is sound and the original thickness of all components, particularly covers and floor slabs, is maintained.
This approach essentially follows the approach taken by model building codes. The assembly must appear in a table either published in or accepted by the code for a given fire-resistance rating to be recognized and accepted.
4.2 The fire resistance of a building element which does not explicitly appear in the Appendix tables can be established if one or more elements of same design but different dimensions have been listed in the tables. For walls, the existing element must be thicker than the one listed. For floor/ceiling assemblies, the assembly listed in the table must have the same or less cover and the same or thinner slab constructed of the same material as the actual floor/ceiling assembly. For other structural elements, the element listed in the table must be of a similar design but with less cover thickness. The fire resistance in all instances shall be the fire resistance recommended in the table. This is subject to the following limitations:
The actual element in the rehabilitated building shall be constructed of the same materials as listed in the table. Only the following dimensions may vary from those specified: for walls, the overall thickness must exceed that specified in the table; for floor/ceiling assemblies, the thickness of the cover and the slab must be greater than, or equal to, that specified in the table; for other structural elements, the thickness of the cover must be greater than that specified in the table.
All penetrations in the building element or its cover for services such as electricity, plumbing or HVAC shall be packed with noncombustible cementitious materials and so fixed that the packing material will not fall out when it loses its water of hydration.
The effects of age and wear and tear shall be repaired so that the building element is sound and the original thickness of all components, particularly covers and floor slabs, is maintained.
CFC § 2.1 Medium relevance — show source text
horizontal exitway|b)
Enclosed horizontal exitway||||| |c)
Other|c)
Other|||||The required fire resistance and flame spread for each building element are normally established by the local building or rehabilitation code. The fire performance of the existing materials and assemblies should then be estimated, using one of the techniques described below. If the fire performance of the existing building element(s) is equal to or greater than that required, the materials and assemblies may remain. If the fire performance is less than required, then corrective measures must be taken.
The most common methods of upgrading the level of protection are to either remove and replace the existing building element(s) or to repair and upgrade the existing materials and assemblies. Other fire protection measures, such as automatic sprinklers or detection and alarm systems, also could be considered, though they are beyond the scope of this guideline. If the upgraded protection is still less than that required or deemed to be acceptable, additional corrective measures must be taken. This process must continue until an acceptable level of performance is obtained. TABLE 2.1(2) PRELIMINARY EVALUATION WORKSHEET
BUILDING ELEMENT Col2 REQUIRED
FIRE
RESISTANCEREQUIRED
FLAME
SPREADESTIMATED
FIRE
RESISTANCEESTIMATED
FLAME
SPREADMETHOD OF
UPGRADINGESTIMATED
UPGRADED
PROTECTIONNOTES Exterior Bearing Walls Exterior Bearing Walls Interior Bearing Walls Interior Bearing Walls Exterior Nonbearing Walls Exterior Nonbearing Walls Interior Nonbearing
Walls or PartitionsA Interior Nonbearing
Walls or PartitionsB Structural Frame:
ColumnsStructural Frame:
ColumnsBeams Beams Other Other Floor/Ceiling Structural System:
SpanningFloor/Ceiling Structural System:
SpanningRoofs Roofs Doors (including frame and
hardware):
a)
Enclosed vertical exitwayDoors (including frame and
hardware):
a)
Enclosed vertical exitwayb)
Enclosed horizontal
exitwayb)
Enclosed horizontal
exitwayc)
Othersc)
Others2025 CALIFORNIA EXISTING BUILDING CODE RESOURCE A-7
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
RESOURCE A—GUIDELINES ON FIRE RATINGS OF ARCHAIC MATERIALS AND ASSEMBLIES
2.2 FIRE RESISTANCE OF EXISTING BUILDING ELEMENTS
The fire resistance of the existing building elements can be estimated from the tables and histograms contained in the Appendix. The Appendix is organized first by type of building element: walls, columns, floor/ceiling assemblies, beams and doors. Within each building element, the tables are organized by type of construction (e.g., masonry, metal, wood frame) and then further divided by minimum dimensions or thickness of the building element.
CFC § 113.4 Medium relevance — show source text
[A] 113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [ SPECIFY OFFENSE ], punishable by a fine of not more than [ AMOUNT ] dollars or by imprisonment not exceeding [ NUMBER OF DAYS ], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
1-28 2025 CALIFORNIA FIRE CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
DIVISION II—SCOPE AND ADMINISTRATION
[A] 113.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.
SECTION 114—STOP WORK ORDER
[A] 114.1 Authority. Where the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order.
[A] 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 114.3 Emergencies. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work.
[A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.
SECTION 115—UNSAFE STRUCTURES OR EQUIPMENT
[A] 115.1 General. If during the inspection of a premises, a structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building official for any repairs, alterations, remodeling, removing or demolition required.
[A] 115.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
CFC § 113.3 Medium relevance — show source text
[A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law.
SECTION 114—STOP WORK ORDER
[A] 114.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
[A] 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 114.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
[A] 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.
SECTION 115—UNSAFE STRUCTURES AND EQUIPMENT
[A] 115.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe as the code official deems necessary and as provided for in this code. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
[A] 115.2 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
[A] 115.3 Notice. If an unsafe condition is found, the code official shall serve on the owner of the structure or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe building to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order.
CFC § 903.2.6 Medium relevance — show source text
Exception: When an approved automatic sprinkler system conforming to Section 903.2.6 of the California Building Code is installed, a separate fire alarm system as specified in this section need not be provided.
SECTION 1116—EXISTING GROUP L AND GROUP H-8 OCCUPANCIES [SFM]
1116.1 Repairs general. Additions, alterations or repairs may be made to any building or structure without requiring the existing build- ing or structure to comply with all the requirements of this code section, provided the addition, alteration or repair conforms to the requirements of this section.
1116.2 Unsafe condition. Additions, repairs or alterations shall not be made to an existing building or structure that will cause the exist- ing building or structure to be in violation of any of the provisions of this code, nor shall such additions or alterations cause the existing building or structure to become unsafe, or to be in violation of any of the provisions of this code. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.
1116.3 Changes in use or occupancy. Any buildings that have alternations or additions, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings.
1116.4 Buildings not in compliance with code. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken.
1116.5 Maintenance of structural and fire resistive integrity. Alterations or repairs to an existing building or structure that are nonstructural and do not adversely affect any structural member of any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. The installation or replacement of glass shall be as required for new installations.
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CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS
1116.6 Continuation of existing use. Buildings in existence at the time of the adoption of this code may have their existing use or occu- pancy continued if such use or occupancy was legal at the time of the adoption of this code, provided such continued use is not dangerous to life.
1116.7 Maximum allowable quantities. Existing Group H-8 laboratory suites approved prior to January 1, 2008 shall not exceed the maximum allowable quantities listed in Tables 1116.7(1) and 1116.7(2).
|TABLE 1116.7(1)–EXEMPT AMOUNTS OF HAZARDOUS MATERIALS, LIQUIDS AND CHEMICALS
PRESENTING A PHYSICAL HAZARD BASIC QUANTITIES PER LABORATORY SUITE1
When two units are given, values within parentheses are in cubic feet (cu.
Frequently asked questions
When is a small penetration (e.g., 1/4 inch) considered unsafe?
A small penetration can be unsafe if it reduces the element’s ability to resist fire or smoke or allows passage of smoke into required egress or separation spaces; the determination is performance‑based — whether the component “does not function as intended” or lacks required resistance under § 701.7.
Who is responsible for discovering and fixing breaches?
The building owner is responsible for maintaining an inventory and performing annual visual inspections and must repair, restore or replace damaged or breached elements; the fire code official enforces abatement when necessary. § 701.6 and § 701.7.
Can I patch a penetration with any material?
No — repairs must restore the required fire/smoke resistance. Where a listed system exists, repairs must meet the listing and manufacturer instructions; otherwise use materials/systems that meet or exceed the original code requirement. § 703.1–703.2.
What happens if the fire code official finds an imminent danger?
The fire code official can order immediate evacuation and may summarily abate hazardous conditions; occupants must leave until authorized to re‑enter. § 115.2.
Do repairs always have to meet the newest code?
Not necessarily — § 701.7 allows repair or replacement to conform to the code under which the building was constructed, remodeled or altered, or to this chapter as the fire code official deems appropriate.
More in California Fire Code
- Administration and Definitions
- General Requirements and Emergency Planning
- Fire Service Features and Fire Department Access
- Referenced Standards and Adoptable Appendices (Chapter 80; Appendices A–Q)
- Fire and Smoke Protection Features (fire‑resistance, barriers)
- Interior Finish, Decorative Materials and Furnishings
- Fire Protection and Life‑Safety Systems (sprinklers, alarms, smoke control)
- Means of Egress (exit design and maintenance)
- Construction Requirements for Existing Buildings (retrofit rules)
- Energy Systems and Stationary Energy Storage (ESS)
- Special Occupancies and Operations (chapters 20–41, 48–49)
- Hazardous Materials — Storage, Use and Handling (Chapters 50–67)
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