CMC · California Mechanical Code
How do appeals and boards of appeal work under the CMC?
If you disagree with a mechanical inspector’s interpretation or application of the California Mechanical Code, you may appeal to your local board of appeals. The board (made of non‑employee, qualified members) may decide if the code was misinterpreted, if it doesn't apply, or whether an equivalent solution is acceptable — but it may not waive code requirements. The board issues a written decision the code official must act on; procedural details like filing deadlines or stays of enforcement are in model appendices and apply only if your jurisdiction adopted them.
Last reviewed: July 6, 2026
What the code requires — 2-4 sentences
A board of appeals must exist to hear and decide appeals of orders, decisions or determinations made by the code official about the application or interpretation of the California Mechanical Code. The board is appointed by the local governing authority, must adopt procedures, issue written findings, and its decisions must be acted on by the code official. See § 112.1, § 112.3 and § 112.4 for the basic duties and composition of the board.
The single most important rule: appeals may challenge interpretation or applicability of the code or propose an equivalent method — but the board may not waive code requirements. (See § 112.2.)
Requirements in detail
Who may appeal and what the appeal may claim
- Any person adversely affected by a code official’s decision may file an appeal. This is an appeal of the application or interpretation of the code. See § 112.1.
- Valid appeal bases are limited to claims that:
- the true intent of the code has been incorrectly interpreted,
- the provisions do not fully apply, or
- an equivalent or better form of construction is proposed. See § 112.2.
Board composition and qualifications
- The board must be appointed by the applicable governing authority and hold office at its pleasure (appointment/term rules are local). See § 112.1.
- Members must be qualified by experience and training in matters related to the code and must not be employees of the jurisdiction. See § 112.3.
Board powers and limits
- The board issues written decisions and findings to the appellant and gives a duplicate to the code official. See § 112.1.
- The board may not waive requirements of the code — it can interpret intent, find non-applicability, or approve equivalent means, but not grant waivers. See § 112.2.
- The code official must act without delay in accordance with the board’s decision. See § 112.4.
Procedural elements local jurisdictions typically adopt (appendix guidance)
- Many code books include optional appendix text giving procedural detail: filing deadlines (example: 20 days from notice under appendix templates), stays of enforcement for appeals (except imminent danger notices), board membership numbers (often five voting members), alternates, staggered terms, and chair selection. Those appendix provisions are model text and apply only if adopted locally. See Appendix guidance for appeals (e.g., I101 / D101 / A101 in the model appendices).
Decision‑relevant dimensions — quick reference table
| Decision dimension | Typical values / rule | Code Reference |
|---|---|---|
| Who may file | Any person adversely affected by a code official’s order/decision | § 112.1 |
| Valid bases for appeal | Misinterpretation of intent; code not applicable; equivalent/ better method proposed | § 112.2 |
| Board membership | Qualified by experience/training; not jurisdiction employees (model appendices often use 5 members + alternates) | § 112.3 and model appendices I101 / D101 |
| Authority limits | Cannot waive code requirements; cannot interpret administrative procedure | § 112.2; appendix limitation language |
| Effect on enforcement while appeal pending | Model appendices: appeal stays enforcement of notices/orders except imminent danger cases (only if adopted locally) | Appendix I101 / D101 (model) |
| Required outcome communication | Written decision to appellant and duplicate to code official; code official must act without delay | § 112.1, § 112.4 |
Exceptions & special cases
- The board cannot waive code requirements — even if the appellant proposes an alternate that seems equivalent, the board may only approve equivalents consistent with safety but not waive mandated provisions. See § 112.2.
- Procedures that create stays of enforcement or set specific filing deadlines (e.g., 20 days) are typically contained in model appendices (I101, D101, A101). Those are optional templates and apply only if adopted by the local jurisdiction; check local ordinance for whether the appendix language was adopted.
- If the issue is purely administrative (for example, how the enforcing agency schedules inspections or internal policy), appendix text clarifies that the board’s authority is limited — it generally cannot interpret the administration of the code. See appendix limitation language.
Common mistakes
- Assuming the board can waive code sections. The board may interpret intent or accept equivalents, but cannot waive code requirements (§ 112.2).
- Relying on model appendix timelines or stays without confirming local adoption. Appendix procedures are templates; they are not binding unless the jurisdiction adopts them. Check local adoption ordinance.
- Believing board members can be employees of the enforcing agency. The code requires board members be not employees of the jurisdiction and qualified by experience and training. See § 112.3.
- Waiting to serve the appeal until after enforcement occurs — some jurisdictions require prompt filing (appendices commonly use 20 days as a model). Confirm local filing deadlines.
Worked example — concrete scenario with numbers
Scenario: A contractor receives a formal notice requiring replacement of a mechanical duct system because the code official determined the existing duct insulation does not meet current prescriptive tables. The contractor believes the code official misapplied the intent and proposes an engineered equivalent that yields equal energy performance.
Steps and numbers:
- File an appeal to the local board of appeals (any person adversely affected may appeal) — file immediately and check local rules; model appendix filing deadline is 20 days after service of the notice (if the jurisdiction adopted the appendix).
- Base of appeal: claim that the true intent of the code was misinterpreted and that the proposed system is equivalent to required performance. This fits the permitted bases in § 112.2.
- The board (made up of non‑employee members qualified by experience per § 112.3) hears the evidence and issues a written decision. If the board finds the alternate meets the code’s intent, it may approve it as an equivalent (but not “waive” other code requirements). See § 112.1 and § 112.2.
- The code official must implement the board’s decision without delay (e.g., rescind the replacement order or modify it) per § 112.4.
Numbers to watch: the model board size is often 5 voting members with alternates (appendix), 20 days is the common model filing deadline, and the board’s ruling must be written and delivered to the appellant and the official. Confirm whether your jurisdiction adopted the appendix language for exact numbers and timeframes.
Related provisions
- § 112.1 — General creation and duties of the board of appeals.
- § 112.2 — Limitations on the board’s authority (bases of appeal; cannot waive code).
- § 112.3 — Qualifications of board members (experience/training; not employees).
- § 112.4 — Administration / code official action following board decisions.
- Appendix / model procedures for boards of appeals (examples: I101, D101, A101) — contain sample filing deadlines, stays of enforcement, membership counts and procedural rules (apply only if adopted locally).
Code references
Grounded in the retrieved California Mechanical Code — click a citation to read the verbatim passage:
CMC § 112.1 High relevance — show source text
The code official shall notify the serving utility and, where possible, the owner or the owner’s authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner’s authorized agent or the occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
SECTION 112—MEANS OF APPEALS
[A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the code official.
[A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
1-24 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
ADMINISTRATION
[A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
[A] 112.4 Administration. The code official shall take action without delay in accordance with the decision of the board.
SECTION 113—STOP WORK ORDER
[A] 113.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
[A] 113.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 113.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
[A] 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.
2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE 1-25
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
1-26 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
CALIFORNIA WILDLAND-URBAN INTERFACE CODE – MATRIX ADOPTION TABLE
CHAPTER 2 – DEFINITIONS
CMC § 110.3 High relevance — show source text
[A] 110.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official on request.
The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.
[A] 110.4 Supervision. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.
2025 CALIFORNIA FIRE CODE 1-27
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
DIVISION II—SCOPE AND ADMINISTRATION
110.5 Rendering equipment inoperable. Portable or fixed fire-extinguishing systems or devices, and fire-warning systems, shall be provided with ready access and shall not be rendered inoperative, except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
[A] 110.6 Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, on finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or on finding any condition that constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.
SECTION 111—SERVICE UTILITIES
[A] 111.1 Authority to disconnect service utilities. The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner’s authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, then the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
SECTION 112—MEANS OF APPEALS
[A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.
[A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
CMC § 1.8.8 High 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
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
DIVISION I CALIFORNIA ADMINISTRATION
SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES
CMC § 1.8.8 High relevance — show source text
1. The department may require tests at the expense of the owner or owner’s agent to substantiate compli- ance with the California Building Standards Code.
2. The approved alternate shall, for its intended pur- pose, be at least equivalent in performance and safety to the materials, designs, tests, or methods of construction prescribed by this code.
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 enforc- ing agency relative to the application and interpretation of this code and other regulations governing construction use, maintenance and change of occupancy. The govern- ing body of any city, county, or city and county may estab- lish 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, reg- ulations 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 gov- erning 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, includ- ing 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 gov- erning 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 by 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 stan- dards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Develop- ment, 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.
2025 CALIFORNIA PLUMBING CODE 11
), Copyright © 2025 IAPMO, and may not be used for any other purpose or distributed to any other persons or parties.
CMC § 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.
CMC § 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.
CMC § 112.1 High relevance — show source text
SECTION 112—SERVICE UTILITIES
[A] 112.1 Connection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113—MEANS OF APPEALS
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and who are not employees of the jurisdiction.
2025 CALIFORNIA BUILDING CODE 1-33
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
ADMINISTRATION
[A] 113.4 Administration. The building official shall take action without delay in accordance with the decision of the board.
SECTION 114—VIOLATIONS
[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
CMC § 111.1 High relevance — show source text
SECTION 111—SERVICE UTILITIES
[A] 111.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the code official.
[A] 111.2 Temporary connection. The code official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, power, water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 111.3 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 111.1 or 111.2. The code official shall notify the serving utility and, wherever possible, the owner or the owner’s authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 112—MEANS OF APPEALS
[A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
[A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
1-30 2025 CALIFORNIA EXISTING BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
ADMINISTRATION
[A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
[A] 112.4 Administration. The code official shall take action without delay in accordance with the decision of the board.
SECTION 113—VIOLATIONS
[A] 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to repair, alter, extend, add, move, remove, demolish or change the occupancy of any building or equipment regulated by this code or cause same to be done in conflict with or in violation of any of the provisions of this code.
CMC § 17920.5 High relevance — show source text
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, mainte- nance, and change of occupancy of buildings and struc- tures, 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 by 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 stan- dards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Develop- ment, 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.
1.8.9 Unsafe Buildings or Structures.
1.8.9.1 Authority to Enforce. Subject to other provisions of law, the administration, enforcement, actions, proceed- ings, abatement, violations, and penalties for unsafe buildings and structures are contained in the following statutes and regulations:
(1) For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. For enforcement related to accessory dwelling units, see Health and Safety Code Section 17980.12 operative until January 1, 2035.
CMC § 1.8.7.2.1 High relevance — show source text
1.8.7.2.1 Approval of alternates. The consideration and approval of alternates by a local building department shall comply with the following procedures and limitations: 1. The approval shall be granted on a case-by-case basis. 2. Evidence shall be submitted to substantiate claims that the proposed alternate, in performance, safety and protection of life and health, conforms to, or is at least equivalent to, the standards contained in this code and other rules and regulations promulgated by the Department of Housing and Community Development. 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 CBC Chapter 2, 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 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 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.
CMC § 102.7 High relevance — show source text
Chapters 68 through 79 Reserved for future use.
PART VI—REFERENCED STANDARDS
Chapter 80 Referenced Standards
Chapter 80 lists all of the product and installation standards and codes that are referenced throughout Chapters 1 through 67 and includes identification of the promulgators and the section numbers in which the standards and codes are referenced. As stated in Section 102.7, 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.
PART VII—APPENDICES
Appendix Chapter 4 Special Detailed Requirements Based on Use and Occupancy
Appendix Chapter 4 provides detailed criteria for special uses and occupancies. The unique characteristics of a live/work unit as opposed to a 30-story high-rise building call for specific standards for each. Twenty-seven sections address covered and open mall buildings, atri- ums, hospitals, stages, buildings where hazardous materials are used and stored, jails and prisons, ambulatory care facilities and storm shelters, among other special occupancy issues.
Appendix A Board of Appeals
Appendix A 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 B Fire-Flow Requirements for Buildings
Appendix B provides a tool for the use of jurisdictions in establishing a policy for determining fire-flow requirements in accordance with Section 507.3. The primary tool used in this appendix is a table that presents fire flow based on construction type and building area based on the correlation of the Insurance Services Office (ISO) method and the construction types used in the CBC.
Appendix BB Fire-flow Requirements for Buildings
The procedures determining fire-flow requirements for any school buildings or portions of buildings hereafter constructed for which review and approval is required under Subdivision(a) of Section 17280 of the Government Code shall be in accordance with this appendix as amended by the state fire marshal.
Appendix C Fire Hydrant Locations and Distribution
Appendix C focuses on the location and spacing of fire hydrants, which is important to the success of firefighting operations. This particular appendix gives one methodology based on the required fire flow that fire departments can work with to set a policy for hydrant distribution around new buildings and facilities in conjunction with Section 507.5.
Appendix CC Fire Hydrant Locations and Distribution
Fire hydrants shall be provided in accordance with this appendix for the protection of any school buildings, or portions thereof, hereafter constructed for which review and approval are required under Subdivision(a) of Section 17280 of the Government Code.
Appendix D Fire Apparatus Access Roads
Appendix D contains more detailed elements for use with the basic access requirements found in Section 503. This appendix, like Appendices B and C, is a tool for jurisdictions looking for guidance in establishing access requirements and includes criteria for multiple-family residential developments, large one- and two-family subdivisions, specific examples for various types of turnarounds for fire department apparatus and parking regulatory signage.
Appendix E Hazard Categories
Appendix E contains guidance in the classifying of hazardous materials so that proposed designs can be evaluated intelligently and accurately. The descriptive materials and explanations of hazardous materials and how to report and evaluate them on a Safety Data Sheet (SDS) are intended to be instructional as well as informative.
Appendix F Hazard Ranking
CMC § 1.5 High relevance — show source text
The California Code of Regulations (CCR), Title 14, Division 1.5 provisions that are found in the California Wildland-Urban Interface Code are not listed in the Matrix Adoption Tables as they are not within the State Fire Marshal’s authority to adopt. These provisions are a reprint from the current CCR, Title 14, Division 1.5 text for the code user’s convenience only and are identified in the body of the code by square brackets containing references to applicable Title 14 sections.
2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE APPENDIX I-1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
APPENDIX I-2 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
I BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or legislation of the jurisdiction.
User notes:
About this appendix: Appendix I contains optional criteria that, where adopted, provide jurisdictions with detailed appeals board member qualifications and administrative procedures to supplement the basic requirements found in Section 112.
SECTION I101—GENERAL
[A] I101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112, Means of Appeals. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the building official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
[A] I101.2 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
[A] I101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
[A] I101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
[A] I101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ NUMBER OF YEARS ] years or until a successor has been appointed. The board members’ terms shall be staggered at intervals, so as to provide continuity. The code official shall be an ex officio member of said board but shall not vote on any matter before the board.
[A] I101.3.1 Qualifications. The board shall consist of five individuals, who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
CMC § 111.1 Medium relevance — show source text
SECTION 111—SERVICE UTILITIES
[A] 111.1 Authority to disconnect service utilities. The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner’s authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, then the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
SECTION 112—MEANS OF APPEALS
[A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.
[A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
[A] 112.4 Administration. The fire code official shall take action without delay in accordance with the decision of the board.
SECTION 113—VIOLATIONS
[A] 113.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
[A] 113.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or the owner’s authorized agent. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
[A] 113.3 Notice of violation. Where the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for reinspection.
CMC § 1.8.7.3 Medium relevance — show source text
(4) If the proposed alternate is related to accessi- bility in covered multifamily dwellings or facili- ties 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 local building department pursuant to the State Housing Law, see California Health and Safety Code Section 17951(e) and Cali- fornia Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.
1.8.7.3 Department of Housing and Community Devel- opment. The Department of Housing and Community Development may approve alternates for use in the erec- tion, construction, reconstruction, movement, enlarge- ment, 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 alter- nates shall comply with the following:
(1) The department may require tests at the expense of the owner or owner’s agent to substantiate compli- ance 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.
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 knowl- edgeable 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, mainte- nance, and change of occupancy of buildings and struc- tures, 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.
CMC § 2.1 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.
2025 CALIFORNIA FIRE CODE APPENDIX A-1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
APPENDIX A-2 2025 CALIFORNIA FIRE CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
User notes:
BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or legislation of the jurisdiction.
About this appendix: Appendix A contains optional criteria that, when adopted, provide jurisdictions with detailed appeals, board member qualifications and administrative procedures to supplement the basic requirements found in Section 112 of this code.
ICC code development note: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the 2025 (Group B) Code Development Cycle.
SECTION A101—GENERAL
A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of this code pursuant to the provisions of Section 112. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the fire code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
A101.2 Application for appeal. Any person shall have the right to appeal a decision of the fire code official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the fire code official within 20 days after the notice was served.
A101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices, shall stay the enforcement of the notice and order until the appeal is heard by the board.
A101.3 Membership of board. The board shall consist of five voting members appointed by the chief appointing authority of the jurisdiction. Each member shall serve for [ NUMBER OF YEARS ] years or until a successor has been appointed. The board member’s terms shall be staggered at intervals, so as to provide continuity. The fire code official shall be an ex officio member of said board but shall not vote on any matter before the board.
A101.3.1 Qualifications. The board shall consist of members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdiction.
A101.3.2 Alternate members. The chief appointing authority is authorized to appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for the same term or until a successor has been appointed.
CMC § 1-11 Medium relevance — show source text
2025 CALIFORNIA BUILDING CODE 1-11
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
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.
Frequently asked questions
Who can I appeal to if I disagree with a mechanical inspector?
Any person adversely affected by the code official’s decision may appeal to the local board of appeals; the creation and role of that board are set out in § 112.1.
Can the board waive a code requirement if compliance is expensive?
No. The board does not have authority to waive code requirements; it may interpret intent, find a provision not applicable, or approve an equivalent method, but it cannot grant a waiver (§ 112.2).
Does filing an appeal stop enforcement (work stoppage, penalties)?
Model appendix language commonly provides that an appeal stays enforcement of notices and orders except in imminent danger cases, but that stay applies only if the jurisdiction adopted the appendix text — check local rules.
Who serves on the appeals board?
Members must be qualified by experience and training and must not be employees of the jurisdiction; local appointment procedures apply (see § 112.3).
What must the board provide after deciding an appeal?
The board must provide a written decision and findings to the appellant and a duplicate to the code official; the code official must act without delay on the decision (see § 112.1 and § 112.4).
More in California Mechanical Code
Ask about the CMC
Get cited, plain-English answers on the California Mechanical Code for your project — any code section, any scenario.
Start Free Trial