Modesto Municipal Code Art. 5 Permits

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any gas or mechanical system, or equipment or parts thereof, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.

(Ord. 3464-C.S., § 1, effective 1-3-08)

Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other local, state, or federal law.

Mechanical. A permit shall not be required for the following:

(a) Portable heating appliance.

(b) Portable ventilation equipment.

(c) Portable cooling unit.

(d) Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code.

(e) Replacement of any part that does not alter its approval or make it unsafe.

(f) Portable evaporative cooler.

(g) Self-contained refrigeration system containing ten (10) pounds (5 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of the City of Modesto.

(Ord. 3464-C.S., § 1, effective 1-3-08; Ord. 3543-C.S., § 2, effective 1-13-11)

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted and the permit obtained within the next business day.

(Ord. 3464-C.S., § 1, effective 1-3-08)

Repairs to mechanical systems or other work affecting public health or general safety shall require application to the Building Official and permit obtained.

(Ord. 3464-C.S., § 1, effective 1-3-08)

A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution, or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(Ord. 3464-C.S., § 1, effective 1-3-08)

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Building Safety Division for that purpose. Such application shall:

(a) Identify and describe the work to be covered by the permit for which application is made;

(b) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;

(c) Indicate the use and occupancy for which the proposed work is intended;

(d) Be accompanied by construction documents and other information as required in Article 6 of this Code;

(e) State the valuation of the proposed work;

(f) Be signed by the applicant or the applicant's authorized agent;

(g) Give such other data and information as required by the Building Official.

(Ord. 3464-C.S., § 1, effective 1-3-08)

The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application, in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.

(Ord. 3464-C.S., § 1, effective 1-3-08)

Applications for which a permit has not been issued within one hundred eighty (180) calendar days following the date of application submission shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken on the application. This request must be in writing to the Building Official prior to the expiration of the application. No application shall be extended more than once. No extension shall exceed one hundred eighty (180) calendar days. In order to renew action on the application after expiration, the applicant shall resubmit plans and pay a new plan checking fee.

(Ord. 3464-C.S., § 1, effective 1-3-08)

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other local, state or federal law. Permits presuming to give authority to violate or cancel the provisions of this Code or other local, state, or federal law, shall not be valid.

The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this Code or of any other local, state, or federal law.

(Ord. 3464-C.S., § 1, effective 1-3-08)

Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) calendar days from the date of said permit, or if such building or work authorized by such permit is suspended or abandoned at any time after the work has commenced for a period of one hundred eighty (180) calendar days, or if the building or work authorized by such permit is not completed seven hundred thirty (730) calendar days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half (½) the amount required to obtain a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of time within which he may commence the work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) calendar days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee.

(Ord. 3464-C.S., § 1, effective 1-3-08)

The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code, or other local, state, or federal law.

(Ord. 3464-C.S., § 1, effective 1-3-08)