Search California Building Code 2022 (Vol 1& 2)
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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 or interpret the administration of this code.
[A] 113.3 Qualifications
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
[A] 113.4 Administration
The building official shall take immediate action in accordance with the decision of the board.
Section 114 Violations
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agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
Section R112 Board of Appeals
R112.1 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 building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.2 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 equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
R112.3 Qualifications
The board of appeals shall consist of members who are qualified by experience and training to pass judgment on matters pertaining to building construction and are not employees of the jurisdiction.
R112.4 Administration
The building official shall take immediate action in accordance with the decision of the board.
Section R113 Violations
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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 or interpret the administration of this code.
[A] 112.3 Qualifications
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
[A] 112.4 Administration
The code official shall take immediate action in accordance with the decision of the board Search California Mechanical Code 2022
were necessary to emminate an immediate nazara to me or property. 106.6 Authority to Condemn
Where the Authority Having Jurisdiction ascertains that a mechanical system or portion thereof, regulated by this code, has become hazardous to life, health, or property, or has become insanitary, the Authority Having Jurisdiction shall order in writing that such mechanical system either be removed or placed in a safe or sanitary condition. The order shall fix a reasonable time limit for compliance. No person shall use or maintain a defective mechanical system after receiving such notice.
Where such mechanical system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be permitted to be made immediately without such notice.
107.0 Board of Appeals
107.1 General
In order to hear and decide appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to mechanical system design, construction, and maintenance and the public health aspects of mechanical systems and who are not employees of the jurisdiction. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Authority Having Jurisdiction.
107.2 Limitations of Authority
The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code.
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necessary to elminate an immediate nazara to me or property. 106.6 Authority to Condemn
Where the Authority Having Jurisdiction ascertains that a plumbing system or portion thereof, regulated by this code, has become hazardous to life, health, or property, or has become insanitary, the Authority Having Jurisdiction shall order in writing that such plumbing either be removed or placed in a safe or sanitary condition. The order shall fix a reasonable time limit for compliance. No person shall use or maintain defective plumbing after receiving such notice.
Where such plumbing system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be permitted to be made immediately without such notice.
107.0 Board of Appeals
107.1 General
In order to hear and decide appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to plumbing design, construction, and maintenance and the public health aspects of plumbing systems and who are not employees of the jurisdiction. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Authority Having Jurisdiction.
107.2 Limitations of Authority
The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code.
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89.108.8 Appeals Board
89.108.8.1 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.
89.108.8.2 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.
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boy oj ne cuy, county, or cuy ana county snal serve as une local appeas boara or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
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89.108.8.2 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.
89.108.8.3 Appeals
Except as otherwise provided in law, anv person, tirm. or corporation adverselv 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.
89.108.9 Unsafe Buildings or Structures