CWUIC · California Wildland-Urban Interface Code

When to seek warrants for entry, stays of enforcement and pursuing court review

If a code official is denied entry, they may obtain an inspection warrant — once issued the owner must allow inspection. Appeals of notices or orders (except imminent danger notices) automatically pause enforcement while the board hears the appeal; after the board decision anyone can seek court review by filing for a writ of certiorari following court rules.

Last reviewed: July 6, 2026

What the code requires — plain English

  • If the Code official needs to inspect a structure or premises and entry is refused, the official may obtain a proper inspection warrant or other legal remedy; once obtained the owner must permit entry. See § 104.4.1 .
  • An appeal of a notice or order (except an Imminent Danger notice) automatically stays enforcement of that notice/order until the board hears the appeal. See § I101.2.2 .
  • After the board issues its decision, any person may seek court review by applying for a writ of certiorari in the appropriate court in the manner and time required by law. See § I101.8 .

If you refuse lawful entry, the Code official can get a warrant — and once a warrant is obtained you must allow inspection; if you timely appeal most non‑imminent orders are paused until the appeal is heard.

Requirements in detail

When to seek a warrant (entry)

  • Trigger: the code official has a reasonable cause to believe a structure/premises contains a code violation that is unsafe, dangerous, or hazardous and entry is refused after a request. See § 104.4 and § 104.4.1 .
  • Effect: after the official obtains a proper inspection warrant (or other legal remedy), an owner/occupant “shall not fail or neglect” to permit entry. See § 104.4.1 .
  • Practical steps for the official: present credentials and request entry if occupied; if unoccupied, make reasonable effort to locate owner/agent before seeking judicial remedy; if refused, pursue a warrant or other legal route. See § 104.4 .

When an appeal pauses enforcement

  • Which appeals stay enforcement: Appeals of notices and orders — except Imminent Danger notices — stay enforcement until the board hears the appeal. See § I101.2.2 .
  • Filing timing (decision‑relevant): the Appendix language requires the appeal application to be filed on a form obtained from the code official within 20 days after the notice was served (Appendix I application rule). See § I101.2 .
  • Effect during stay: enforcement actions (e.g., abatement work, penalties) are stayed pending the board’s hearing and decision, but immediate public‑safety measures tied to imminent danger are not paused.

Pursuing court review

  • Who may apply: any person, whether or not a party to the appeal, may apply to the appropriate court for a writ of certiorari to correct errors of law. See § I101.8 .
  • Timing and form: the CWUIC directs applicants to follow the “manner and time required by law” after the board’s decision is filed — the code does not itself set the court filing deadline or procedure, so the applicant must follow applicable judicial rules and statutes (state/local). See § I101.8 .

Quick decision table

Decision question Key values / trigger Effect Code Reference
When may a code official force entry? After request is refused and the official obtains a proper inspection warrant or other legal remedy Owner/occupant must permit entry § 104.4.1
Does an appeal stop enforcement? Appeal of notice/order (except Imminent Danger) filed timely Enforcement is stayed until board hearing § I101.2.2
Who can seek court review? Any person (not limited to appellant) after board decision Apply for writ of certiorari per court rules § I101.8
Deadline to file board appeal File on form obtained from code official within 20 days of service Appeal accepted; stay applies § I101.2

Exceptions & special cases

  • Imminent Danger notices are explicitly excluded from the automatic stay rule — appeals of those notices do not stay enforcement. See § I101.2.2 .
  • The CWUIC requires the code official to attempt voluntary entry first (present credentials if occupied; locate owner/agent if unoccupied) before seeking a warrant. The phrase “recourse to every remedy provided by law” signals that other statutory remedies (injunctive relief, administrative processes) may apply depending on local law. See § 104.4 .
  • The code does not set the court filing deadline or exact procedure for a writ — it defers to “the manner and time required by law” for court review. Consult local court rules and statutes for the precise deadline and form requirements. See § I101.8 .

Common mistakes

  • Assuming any appeal automatically stops all enforcement — Imminent Danger notices are an exception (no stay). See § I101.2.2 .
  • Forcing entry without first obtaining a warrant or other legal remedy when entry was refused; the code requires an inspection warrant or other lawful remedy before compelling entry. See § 104.4.1 .
  • Missing the appeal window — Appendix I requires the appeal application be filed (on the required form) within 20 days after the notice was served. If you miss that, you may lose the stay and your right to board review. See § I101.2 .
  • Treating board denial as the end — any person can seek a court writ after the board decision; it is not limited to the original appellant. See § I101.8 .

Worked example — concrete scenario with numbers

  1. Day 0: Code official serves a Notice and Order requiring removal of combustible material around a home. (Owner refuses inspection entry when requested.) See § 104.4 .
  2. Day 1–5: Official makes reasonable effort to contact owner/agent; entry still refused. Official applies to court for an inspection warrant and obtains it on Day 6. Once the warrant is issued, the owner must permit entry immediately under § 104.4.1 .
  3. Day 2: Owner files an appeal with the local board (obtains form from the code official) — the appeal is filed within 20 days of service (complies with Appendix I timing). Because this is not an Imminent Danger notice, filing the appeal stays enforcement while the board schedules a hearing. See § I101.2 and § I101.2.2 .
  4. Day 30: Board hearing is held and the board issues a decision. If the owner or any neighbor believes the board erred on a question of law, they may file for court review (writ of certiorari) in the appropriate court following the applicable court filing deadlines and rules. See § I101.8 .
    Notes: If the original notice had been an Imminent Danger notice, the appeal would not have stayed enforcement and the official could proceed immediately with abatement or other emergency measures (no stay). See § I101.2.2 .

Related provisions

  • § 104.4 — Right of entry (general rule on inspection entry) .
  • § 104.4.1 — Warrant (owner must permit entry once warrant obtained) .
  • § 104.5 — Identification (code official must carry ID during inspections) .
  • § 104.6 — Notices and orders (issuing enforcement notices) .
  • § I101.2 — Application for appeal (includes the 20‑day filing reference) .
  • § I101.2.2 — Stays of enforcement (appeals except imminent danger stay enforcement) .
  • § I101.8 — Court review (writ of certiorari; manner and time per law) .

Code references

Grounded in the retrieved California Wildland-Urban Interface Code — click a citation to read the verbatim passage:

  • CWUIC § 104.2.1 Medium relevance — show source text

    2|Determination of
    compliance|N||||||||| |104.2.1|Technical assistance|N||||||||| |104.2.1.1|Cost|N|||||||||

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    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Chapter 1 _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration _Division II—_Scope and Administration
    104.2.1.2 Preparer
    qualifications
    N
    104.2.1.3 Content N
    104.2.1.4 Tests N
    104.2.2 Alternative
    materials, design and
    methods
    Y 1.11.2.4
    1.11.2.5
    104.2.2.1 Approval authority N
    104.2.2.2 Application and
    disposition
    N 1.11.2.4
    1.11.2.5
    104.2.2.3 Compliance with
    code intent
    N
    104.2.2.4 Equivalency criteria N
    104.2.2.5 Tests N
    104.2.2.6 Reports N
    104.2.2.6.1 Evaluation reports N
    104.2.2.6.2 Other reports N
    104.2.2.7 Peer review N
    104.2.3 Modifications N
    104.3 Applications and
    permits
    Y
    104.4 Right of entry N
    104.4.1 Warrant N
    104.5 Identification N
    104.6 Notices and orders Y
    104.7 Official records N
    104.7.1 Approvals N
    104.7.2 Inspections N
    104.7.3 Code alternatives
    and modifications
    N
    104.7.4 Tests N
    104.7.
  • CWUIC § 504.7 Medium relevance — show source text

    Ignition Source Control Appendix A, A104 Ignition-Resistant Building Material 202, 503 Ignition-Resistant Construction 504 Appendages 504.7 Detached accessory structures 504.11 Eaves 504.3

    Exterior doors 504.9

    Exterior walls 504.5

    Gutters and downspouts 504.4 Protection of eaves 504.3 Roof covering 504.2 Underfloor protection 504.6 Vents 504.10

    Windows 504.8 Ignition-Resistant Construction and Material 503 Inspection and Enforcement 109 Abatement 109.3.8 Authority to inspect 109.1.2 Citations 109.3.4

    Enforcement 109.2 Placarding 109.3.5.3 Prosecution 109.3.6

    Reinspections 109.1.3 Right of entry 104.4 Testing 109.1.4 Unsafe conditions 109.3.5

    Key Box 403.1

    Land Use Limitations Appendix A, A108 Legal Defense of the Code Official 104.8.1 Liability of the Code Official 104.8

    Log Wall Construction 202 LP-Gas Installations 606

    Maintenance 101.6 Maintenance of Defensible Space 604 Modified area 604.2 Responsibility 604.3 Trees 604.4 Mapping of Wildland-Urban Interface Area 302.2 Multilayered Glazed Panels 202

    Noncombustible Roof Covering 202

    Outbuilding 202

    Peer Review 104.2.2.7, 202 Permits

    Application 105.4 Approval 105.5 Expiration 105.8 Issuance 105.6 Preliminary inspection 105.4.1 Refusal to issue 105.6.1

    Required 105.2 Retention 105.9

    Revocation 105.10 Validity 105.7 Work exempt from permit 105.3 Placarding as Unsafe 109.3.5.3 Powers and Duties of the Code

    Official 104.1

    Practical Difficulties 104.2.3 Protection of Pumps and Water Storage Facilities Appendix A, A107

    Rafter Tail 202 Referenced Standards 102.4, Chapter 7 Registered Design Professional 104.2.1.2, 104.2.2.6.2, 106.1, 202 Residential Unit 202 Retroactivity 101.4 Ridgelline 202 Road 202 Roof Covering 202 Roof Covering System 202 Roof Coverings, Replacement or Repair of 507

    Roof Deck 202

    Scope 101 Self-Defense Mechanism Appendix G Service Utilities 111

    Slope 202 Spark Arrestors 605 Stop Work Order 113 Storage of Firewood and Combustible Materials 607 Strategic Ridgeline 202 Structure 202

    Subdivision 202

  • CWUIC § 3.1 Medium relevance — show source text

    3.1_|Maintenance and
    defensible space|Y||||||||| |Appendix H|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents|Referenced California Documents| ||General|N||||||||| |H101|California Civil Code|N||||||||| |H102|California Govern-
    ment Code|N||||||Various||| |H103|California Public
    Resources Code|N|||||||Various|| |H104|California Code of
    Regulations, Title 14,
    Division 1.5|N||||Various||||| |H104.1|Subchapter 2 State
    Minimum Fire Safe
    Regulations|N||||Subchapter 2||||| |H104.2|Subchapter 3 Fire
    Hazard|N||||Subchapter 3||||| |H105|California Code of
    Regulations, Title 19|N|||||2201|||| |H106|Health and Safety
    Code|N||||||||Various| |H107|Cross Reference Tool|N|||||||||

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    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Appendix I Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals
    I101.1 Scope N
    I101.2 Application for appeal N
    I101.2.1 Limitation of
    authority
    N
    I101.2.2 Stays of enforcement N
    I101.3 Membership of board N
    I101.3.1 Qualifications N
    I101.3.2 Alternate members N
    I101.3.3 Vacancies N
    I101.3.4 Chairperson N
    I101.3.5 Secretary N
    I101.3.6 Conflict of interest N
    I101.3.
  • CWUIC § 2.1.3 Medium relevance — show source text

    2.1.3|Content|N||||||||| |104.2.1.4|Tests|N||||||||| |104.2.2|Alternative
    materials, design and
    methods|Y||1.11.2.4
    1.11.2.5||||||| |104.2.2.1|Approval authority|N||||||||| |104.2.2.2|Application and
    disposition|N||1.11.2.4
    1.11.2.5||||||| |104.2.2.3|Compliance with
    code intent|N||||||||| |104.2.2.4|Equivalency criteria|N||||||||| |104.2.2.5|Tests|N||||||||| |104.2.2.6|Reports|N||||||||| |104.2.2.6.1|Evaluation reports|N||||||||| |104.2.2.6.2|Other reports|N||||||||| |104.2.2.7|Peer review|N||||||||| |104.2.3|Modifications|N||||||||| |104.3|Applications and
    permits|Y||||||||| |104.4|Right of entry|N||||||||| |104.4.1|Warrant|N||||||||| |104.5|Identification|N||||||||| |104.6|Notices and orders|Y||||||||| |104.7|Official records|N||||||||| |104.7.1|Approvals|N||||||||| |104.7.2|Inspections|N||||||||| |104.7.3|Code alternatives
    and modifications|N||||||||| |104.7.4|Tests|N||||||||| |104.7.5|Fees|N||||||||| |104.8|Liability|Y||||||||| |104.8.1|Legal defense|Y||||||||| |104.9|Approved materials
    and equipment|N||||||||| |104.9.1|Material and
    equipment reuse|N||||||||| |104.10|Other agencies|N||||||||| |105|Permits|Y||||||||| |105.1|General|Y||||||||| |105.2|Permits required|Y||||||||| |105.3|Work exempt from
    permit|Y||||||||| |105.4|Permit application|Y||||||||| |105.4.1|Preliminary
    inspection|N||||||||| |105.4.2|Time limitation of
    application|N||||||||| |105.5|Permit approval|N||||||||| |105.6|Permit issuance|N||||||||| |105.6.1|Refusal to issue a
    permit|N||||||||| |105.7|Validity of permit|N||||||||| |105.8|Expiration|Y||105.5.1||||||| |105.9|Retention of permits|N|||||||||

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    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    |2025 CWUIC—continued|Col2|Adopted
    Yes/No|IWUIC
    Section|CBC
    Section|CFC
    Section|Title 14,
    Division 1.5
    Section|Title 19,

  • CWUIC § 1.5 Medium relevance — show source text
    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Appendix I Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals Board of Appeals
    I101.1 Scope N
    I101.2 Application for appeal N
    I101.2.1 Limitation of
    authority
    N
    I101.2.2 Stays of enforcement N
    I101.3 Membership of board N
    I101.3.1 Qualifications N
    I101.3.2 Alternate members N
    I101.3.3 Vacancies N
    I101.3.4 Chairperson N
    I101.3.5 Secretary N
    I101.3.6 Conflict of interest N
    I101.3.7 Compensation of
    members
    N
    I101.3.8 Removal from the
    board
    N
    I101.4 Rules and procedures N
    I101.5 Notice of meeting N
    I101.5.1 Open hearing N
    I101.5.2 Quorum N
    I101.5.3 Postponed hearing N
    I101.6 Legal counsel N
    I101.7 Board decision N
    I101.7.1 Resolution N
    I101.8.2 Administration N
    I101.8 Court review N

    APPENDIX H-36 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

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    CALIFORNIA WILDLAND-URBAN INTERFACE CODE – MATRIX ADOPTION TABLE

    APPENDIX I – BOARD OF APPEALS

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

    (Not adopted by the State Fire Marshal)

  • CWUIC § 5.2 Medium relevance — show source text

    [A] I101.5.2 Quorum. Three members of the board shall constitute a quorum.

    [A] I101.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

    2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE APPENDIX I-3

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    APPENDIX I—BOARD OF APPEALS

    [A] I101.6 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.

    [A] I101.7 Board decision. The board shall only modify or reverse the decision of the code official by a concurring vote of three or more members.

    [A] I101.7.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant’s representative and to the code official.

    [A] I101.7.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

    [A] I101.8 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

    APPENDIX I-4 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

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    Access Applicability 402 Driveways 403.2 Fire apparatus access roads 403.3 Grade 403.7

    Individual structures 402.2 Marking of roads 402.3, 403.4 Restricted 403.1

    Subdivisions 402.1 Accessory Buildings and Miscellaneous Structures

    Defined 202

    Detached 504.11 Exempt from permit 105.3 Additions or Alterations 101.5

    Address Markers 402.3 Agriculture 202 Alternative Materials or Methods 104.2.2

    Appeals 112 Appendices 101.2.1 Applicable Building 202 Applicability 102 Approved 202 Approved Agency 104.2.2.6.1, 202 Authority of Code Official 104

    Building 202 Building Official 202

    Certificate of Completion 111 Certificate of occupancy 111.2 Revocation 111.4

    Temporary occupancy 111.3

    Code Official 202 Code Official, Authority 104 Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework Appendix C Compliance Alternatives 105 Construction Documents 106

    Amended 106.10

  • CWUIC § 1.7 Medium relevance — show source text

    1.7_|Turnouts|Y||||1273.06||||| |403.1.8|Road and driveway
    structures|Y||||1273.07(a)
    1273.07(b)
    1273.07(c)
    1273.07(d)||||| |403.1.9|Dead-end roads|Y||||1273.08(a)
    1273.08(b)||||| |403.10|Gate Entrances|Y||||1273.09(a)
    1273.09(b)
    1273.09(c)
    1273.09(d)||||| |403.2|Signing and Building
    Numbering|Y||||Article 3||||| |403.2.1|Intent|Y||||1274.00||||| |403.2.2|Road signs|Y||||1274.01||||| |403.2.3|Road Sign
    Installation, Location
    and Visibility|Y||||1274.02(a)
    1274.02(b)
    1274.02(c)
    1274.02(d)||||| |403.2.4|Addresses for
    Buildings|Y||||1274.03(a)
    1274.03(b)
    1274.03(c)||||| ||||||||||||

    2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE APPENDIX H-27

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    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Chapter 4 Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements
    403.2.5 Address installation,
    location, and visibility
    Y 1274.04(a)
    1274.04(b)
    1274.04(c)
    1274.04(d)
    1274.04(e)
    1274.04(f)
    404 Water supply Y 1275.02
    404.1 General Y 507 1275.02(b)
    404.2 Required water supply Y 1275.02(c)
    404.3 Draft sites Y
    404.3.1 Access Y 507.5.4
    404.3.
  • CWUIC § 302.1 Medium relevance — show source text

    2|Purpose|Y|||||||51176|4201| |302|Wildland-Urban
    Interface Area
    Designations|Y||||||||| |302.1|Mapping|Y|||4904.2||||51178|4202
    4203(a)
    4204| |302.2|Review of wildland-
    urban interface areas|Y|||||||51181|4204| |Chapter 4|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements| |401|General|Y||||||||| |401.1|Scope|Y||||||||| |401.2|Objective|Y||||1273.00||||| |401.3|General safety
    precautions|Y||||||||| |402|Applicability|Y|||||||||

    APPENDIX H-26 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

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    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Chapter 4 Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements Wildland-urban interface area requirements
    402.1 Subdivisions Y
    402.1.1 Access Y 503
    402.1.2 Water supply Y 507
    402.1.2.1 Parcel map approval Y 1275.01
    402.2 Individual structures Y 503
    507
    402.2.1 Access Y 503
    402.2.2 Water supply Y 507
    402.3 Existing conditions N 505.1
    403 Access Y 1273
    403.1 General Y 1273.00
    403.1.1 Section 403 definitions Y 1270.01(f)
    403.1.2 Width Y 1273.01(a)
    1273.
  • CWUIC § 1-3 Medium relevance — show source text

    Appendix G Voluntary Home-Hardening Recommendations.

    Appendix G is an informational appendix that provides discussion of some elements of the proposed self-defense mechanisms and their role in enhancing the protection of exposed structures in the wildland-urban interface. The items provided in this appendix provide owners with suggestions for increasing the survivability of their structure. These items are not mandatory but can be considered by owners to increase the safety of structures.

    Appendix H Referenced California Documents.

    Appendix H contains portions of California statutes and regulations located in other documents. They are reprinted in Appendix H to aid the user in understanding the requirements applicable to wildland-urban interface areas and to provide a background for the provi- sions. Much of the text in the CWUIC is based on the requirements found in these other documents.

    Appendix I Board of Appeals.

    Appendix I contains the provisions for appeal and the establishment of a board of appeals. The provisions include the application for an appeal, the makeup of the board of appeals and the conduct of the appeal process.

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    CONTENTS

    CHAPTER 1 ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . .1-3

    DIVISION I CALIFORNIA ADMINISTRATION

    1.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3

    1.11 Office of the State Fire Marshal . . . . . . . . . . . . . . . . . . . 1-4

    1.12 Board of Forestry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

    DIVISION II SCOPE AND ADMINISTRATION . . . . . . . . . . . . . 1-15

    PART 1—GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 1-15

    101 Scope and General Requirements. . . . . . . . . . . . . . 1-15

    102 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16

    PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . 1-17

    103 Code Compliance Agency . . . . . . . . . . . . . . . . . . . . . 1-17

    104 Duties and Powers of the Code Official . . . . . . . . . 1-17

    105 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19

    106 Construction Documents . . . . . . . . . . . . . . . . . . . . . 1-20

    107 Temporary Uses, Equipment and Systems . . . . . . 1-21

  • CWUIC § 1.5 Medium relevance — show source text

    on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    2025 CWUIC—continued Col2 Adopted
    Yes/No
    IWUIC
    Section
    CBC
    Section
    CFC
    Section
    Title 14,
    Division 1.5
    Section
    Title 19,
    Division 1
    Section
    Gov Code
    Section
    PRC
    Section
    HSC
    Section
    Section Title Title Title Title Title Title Title Title Title Title
    Chapter 2 Definitions Definitions Definitions Definitions Definitions Definitions Definitions Definitions Definitions Definitions
    Multilayered glazed
    panels
    Y
    Noncombustible roof
    covering
    Y
    Outbuilding (T14) Y 1299.02(c)
    Peer review Y
    Rafter tail Y 702A
    Registered design
    professional
    Y
    Residential unit (T14) Y 1270.01(w)
    Ridgeline
    (topography) (T14)
    Y 1270.01(x)
    Road (T14) Y 1270.01(y)
    Roof assembly Y
    Roof covering Y
    Roof covering system Y
    Roof deck Y
    Roof eave Y 702A
    Roof eave soffit Y 702A
    Slope Y
    State Responsibility
    Area (SRA)
    Y 702A 4902.1
    Strategic
    ridgeline (T14)
    Y 1270.01(dd)
    Structure Y 202 1270.01(ee)
    Subdivision Y
    Tree crown Y
    Undeveloped
    ridgeline (T14)
    Y 1270.01(ii)
    Unenclosed acces-
    sory structure
    Y
    Vertical curve (T14) Y 1270.01(k)
    Wildfire Y 702A 4902.1
    Wildfire exposure Y 702A 4902.1
    Wildland Y
    Wildland-urban inter-
    face area
    Y 702A 4902.1
    Chapter 3 Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas Wildland-urban interface areas
    301 General Y
    301.1 Scope Y 4201
    301.
  • CWUIC § 1270.01 Medium relevance — show source text

    1|||||| ||Strategic
    ridgeline (T14)|Y||||1270.01(dd)||||| ||Structure|Y|202|||1270.01(ee)||||| ||Subdivision|Y||||||||| ||Tree crown|Y||||||||| ||Undeveloped
    ridgeline (T14)|Y||||1270.01(ii)||||| ||Unenclosed acces-
    sory structure|Y||||||||| ||Vertical curve (T14)|Y||||1270.01(k)||||| ||Wildfire|Y||702A|4902.1|||||| ||Wildfire exposure|Y||702A|4902.1|||||| ||Wildland|Y||||||||| ||Wildland-urban inter-
    face area|Y||702A|4902.1|||||| |Chapter 3|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas|Wildland-urban interface areas| |301|General|Y||||||||| |301.1|Scope|Y||||||||4201| |301.2|Purpose|Y|||||||51176|4201| |302|Wildland-Urban
    Interface Area
    Designations|Y||||||||| |302.1|Mapping|Y|||4904.2||||51178|4202
    4203(a)
    4204| |302.2|Review of wildland-
    urban interface areas|Y|||||||51181|4204| |Chapter 4|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements|Wildland-urban interface area requirements| |401|General|Y||||||||| |401.1|Scope|Y||||||||| |401.2|Objective|Y||||1273.00||||| |401.3|General safety
    precautions|Y||||||||| |402|Applicability|Y|||||||||

    APPENDIX H-26 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

    on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

    APPENDIX H—REFERENCED CALIFORNIA DOCUMENTS

    |2025 CWUIC—continued|Col2|Adopted
    Yes/No|IWUIC
    Section|CBC
    Section|CFC
    Section|Title 14,
    Division 1.5
    Section|Title 19,

  • CWUIC § 1-2 Medium relevance — show source text

    Population growth and the expanding urban development into traditionally nonurban areas have increasingly brought humans into contact with wildfires. According to the National Fire Protection Agency (NFPA), every year, wildfires burn across the United States and a growing number of people are living where wildfires are a real risk. In 2018 more than 58,000 fires burned nearly 9 million acres across the US. More than 25,000 structures were destroyed, including 18,137 residences and 229 commercial structures. California accounted for the highest number of structures lost in one state due to the number of significant fires, including the Mendocino Complex, Carr, Camp and Woolsey fires.

    The IWUIC is a model code that is intended to be adopted and used supplemental to the adopted building and fire codes of a jurisdiction. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. The IWUIC has as its objective the establishment of minimum special regulations for the safeguarding of life and

    x 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

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    property from the intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to prevent structure fires from spreading to wildland fuels, even in the absence of fire department intervention.

    Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas are provided in a tiered manner commensurate with the relative level of hazard present.

    ARRANGEMENT AND FORMAT OF THE 2025 CWUIC

    The format of the CWUIC allows each chapter to be devoted to a particular subject. The following table shows how the CWUIC is divided. The chapter synopses detail the scope and intent of the provisions of the CWUIC.

    CHAPTER TOPICS Col2
    CHAPTER SUBJECT
    1-2 Administration and Definitions
    3-4 Wildland-Urban Interface Area Designation and Requirements
    5 Building Construction Regulations
    6 Fire Protection Requirements
    7 Referenced Standards
    Appendices A-I Adoptable and Informational Appendices

    Chapter 1 Scope and Administration.

    Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner.

    Chapter 2 Definitions.

    Chapter 2 is the repository of the definitions of terms used in the body of the code. The user of the code should be familiar with and consult this chapter because the definitions are essential to the correct interpretation of the code and because the user may not be aware that a term is defined.

    Chapter 3 Wildland-Urban Interface Areas.

    Chapter 3 provides for the fundamental aspect of applying the code—the legal declaration and establishment of wildland-urban interface areas within the adopting jurisdiction, mapping of the area, periodic review and updates.

    Chapter 4 Wildland-Urban Interface Area Requirements.

    The requirements of Chapter 4 apply to all occupancies in the wildland-urban interface and pertain to all of the following:

    1. Fire service access to the property that is to be protected, including fire apparatus access roads and off-road driveways.

    2. Premises identification.

  • CWUIC § 104.4 Medium relevance — show source text

    [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present proper credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If such entry is refused, then the code official shall have recourse to every remedy provided by law to secure entry.

    [A] 104.4.1 Warrant. Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code.

    [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

    [A] 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 110.2.

    [A] 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

    [A] 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.

    [A] 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

    [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records.

    [A] 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5.

    [A] 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 108.

  • CWUIC § 104.2.2.6.2 Medium relevance — show source text

    [A] 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

    [A] 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official.

    [A] 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement

    agency.

    [A] 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

    [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present proper credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If such entry is refused, then the code official shall have recourse to every remedy provided by law to secure entry.

    [A] 104.4.1 Warrant. Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code.

    [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

    [A] 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 110.2.

  • CWUIC § 2.1 Medium relevance — show source text
    Adopting agency BSC BSC
    -CG
    SFM HCD Col6 Col7 DSA Col9 Col10 OSHPD Col12 Col13 Col14 Col15 Col16 BSCC DPH AGR DWR CEC CA SL SLC
    Adopting agency BSC BSC
    -CG
    SFM 1 2 1/AC AC SS SS/CC 1 1R 2 3 4 5 5 5 5 5 5 5 5 5
    Adopt entire chapter
    Adopt entire chapter as
    amended (amended
    sections listed below)
    Adopt only those sections
    that are listed below
    Chapter / Section

    2025 CALIFORNIA RESIDENTIAL CODE APPENDIX AA-1

    on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

    APPENDIX AA-2 2025 CALIFORNIA RESIDENTIAL CODE

    on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

    AA BOARD OF APPEALS

    The provisions contained in this appendix are not mandatory unless specifically adopted by a state agency or referenced in the adopting ordinance.

    User notes:

    About this appendix: Appendix AA provides criteria for Board of Appeals members. Also provided are procedures by which the Board of Appeals should conduct its business.

    SECTION AA101—GENERAL

    AA101.1 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 R112. 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.

    AA101.2 Application for appeal. Any person shall have the right to appeal a decision of the building official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days after the notice was served.

    AA101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code or interpret the administration of this code.

    AA101.2.2 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.

  • CWUIC § 104.3.2 Medium relevance — show source text

    [A] 104.3.2 Preliminary meeting. When requested by the permit applicant or the code official, the code official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this code.

    Exception: Repairs and Level 1 alterations.

    [A] 104.3.3 Building evaluation. The code official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed on at the preliminary meeting. The design professional shall notify the code official if any potential noncompliance with the provisions of this code is identified.

    [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to every remedy provided by law to secure entry.

    [A] 104.4.1 Warrant. Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code.

    [A] 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

    [A] 104.6 Notices and orders. The code official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 113.

    [A] 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.

    [A] 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.

    [A] 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

    [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records.

  • CWUIC § 1.5 Medium 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.

  • CWUIC § 1-26 Medium relevance — show source text

    1-26 2025 CALIFORNIA BUILDING CODE

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    ADMINISTRATION

    [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

    [A] 104.4.1 Warrant. Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building official for the purposes of inspection and examination pursuant to this code.

    [A] 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

    [A] 104.6 Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 114.

    [A] 104.7 Official records. The building official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations.

    [A] 104.7.1 Approvals. A record of approvals shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws.

    [A] 104.7.2 Inspections. The building official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.

    [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the building official for either shall be in writing and shall be retained in the official records.

    [A] 104.7.4 Tests. The building official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.

    [A] 104.7.5 Fees. The building official shall keep a record of fees collected and refunded in accordance with Section 109.

  • CWUIC § 2.3.1 Medium relevance — show source text

    R104.2.3.1 Flood hazard areas. The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2 unless a determination has been made that:

    1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R306 inappropriate.
    2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
    3. The granting of modification will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.
    4. The modification is the minimum necessary to afford relief, considering the flood hazard.
    5. Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.

    R104.3 Applications and permits. The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

    R104.3.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R306.

    R104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

    R104.4.1 Warrant. Where the building code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building code official for the purposes of inspec

  • CWUIC § 104.2.4.1 Medium relevance — show source text

    [A] 104.2.4.1 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

    1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.

    2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

    3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.

    4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

    5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

    [A] 104.3 Applications and permits. The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

    [A] 104.3.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612, or Section R306 of the California Residential Code, as applicable.

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    ADMINISTRATION

    [A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

    [A] 104.4.1 Warrant. Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building official for the purposes of inspection and examination pursuant to this code.

  • CWUIC § 103.2 Medium relevance — show source text

    In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.

    The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties required by this code or other pertinent law or ordi nance.

    103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the Authority Having Jurisdiction’s duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

    103.3 Applications and Permits. The Authority Having Jurisdiction shall be permitted to require the submission of plans, specifications, drawings, and such other information in accordance with the Authority Having Jurisdiction, prior to the commencement of, and at a time during the progress of, work regulated by this code.

    The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.

    103.3.1 Licensing. Provision for licensing shall be determined by the Authority Having Jurisdiction. 103.4 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon a premises a condition or violation of this code that makes the building or premises

    unsafe, insanitary, dangerous, or hazardous, the Authority Having Jurisdiction shall be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed upon the Authority Having Jurisdiction by this code, provided that where such building or premises is occupied, the Authority Having Jurisdiction shall present credentials to the occupant and request entry. Where such building or premises is unoccupied, the Authority Having Jurisdiction shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry.

    Where the Authority Having Jurisdiction shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care or control of a building or premises shall fail or neglect, after a request is made as herein provided, to promptly permit entry herein by the Authority Having Jurisdiction for the purpose of inspection and examination pursuant to this code.

    104.0 Permits.

Frequently asked questions

Who can be compelled to allow entry after a warrant is issued?

Once the code official obtains an inspection warrant or other lawful remedy, the owner, the owner’s authorized agent, occupant or person having charge, care or control must permit entry. See § 104.4.1 .

Does filing an appeal always stop enforcement?

No — filing an appeal stays enforcement of notices and orders except for Imminent Danger notices, which are not stayed. See § I101.2.2 .

How long do I have to appeal a notice to the board?

Appendix I indicates the appeal application must be filed on the required form within 20 days after the notice was served. See § I101.2 .

If the board rules against me, can I go to court?

Yes — any person may apply to the appropriate court for a writ of certiorari to correct errors of law, following the manner and time required by law after the board decision is filed. See § I101.8 .

Must a code official try to get voluntary entry before seeking a warrant?

Yes. If occupied the official must present credentials and request entry; if unoccupied the official must make a reasonable effort to locate the owner/agent before seeking a warrant or other legal remedy. See § 104.4 .

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