Chapter 24.01

ADMINISTRATION

Parts:

• 1 General

• 2 Definitions

• 3 Existing Buildings and Building Service Equipment

• 4 Interpretation

• 5 Authority

Part 1

GENERAL

Sections:

• 24.01.100 Purpose.

• 24.01.110 Scope.

• 24.01.120 Exemption for pending applications.

• 24.01.130 Compliance with title provisions required.

The purpose of this title is to provide for the administration and enforcement of the building, residential, plumbing, mechanical, electrical, wildland-urban interface, existing building, energy, green building standards, and historical codes adopted by the City of San José.

(Ords. 28166, 28838, 29806, 31256.)

The provisions of this title shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the city. (Ord. 28166.)

• A. The provisions of the 2025 California Building, Residential, Plumbing, Mechanical, Electrical, Wildland-Urban Interface Codes, California Existing Building Code, California Historical Building Code, California Energy Code, California Green Building Standards Code and California Existing Building Code as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2026. Such buildings or structure shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions of this chapter in effect at the date of said application.

• B. All other applications shall be processed in accordance with the provisions of the 2025 edition of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Existing Building Code, the California Electrical Code, the California Historical Building Code, the California Energy Code, the California Green Building Standards Code, the California Existing Building Code, and the California Wildland-Urban Interface Code as adopted and amended herein.

• (Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.7.)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit or suffer the same to be done, in violation of this title or in violation of any of the provisions of the Codes adopted hereunder.

(Ord. 28166.)

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Sections:

Part 2

DEFINITIONS

"Alter" or "alteration" means any construction or renovation to an existing structure other than repair or addition. (Ords. 28166, 28838.)

24.01.208 Alter or alteration.

24.01.211 Administrative authority.

24.01.215 Approved.

"Administrative authority" is the chief building official or a regularly authorized deputy. (Ord. 28166.)

24.01.218 Approved agency.

24.01.224 Building code.

24.01.227 Building official.

24.01.230 Building service equipment.

24.01.231 Department.

24.01.232 Director.

24.01.233 Electrical code.

24.01.236 Existing building.

24.01.237 Existing building code.

24.01.238 Fire code.

24.01.239 Green building standards code.

24.01.240 Historical building code.

24.01.241. Reserved.

24.01.242 Listed and listing.

24.01.243 Energy code.

"Approved," as to materials, types of construction, equipment and systems, refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. (Ord. 28166.)

"Approved agency" means an established and recognized organization regularly engaged in conducting tests, furnishing inspection services or furnishing product evaluation or certification where such organization has been approved by the building official.

(Ords. 28166, 31256.)

24.01.245 Mechanical code.

24.01.251 Occupancy.

24.01.257 Permit.

24.01.260 Plumbing code.

24.01.263 Repair.

24.01.265 Residential code.

24.01.269 Structure.

24.01.272 Technical codes.

The definitions set forth in this part shall govern the application and interpretation of this title. (Ord. 28166.)

"Building code" means the California Building Code, or CBC, 2025 edition, based on 2024 International Building Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.

(Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Building Official" means the Chief Building Official, or a regularly authorized deputy. (Ord. 28166.)

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§ 24.01.242

"Building service equipment" refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.

(Ord. 28166.)

"Department" means the department of planning, building and code enforcement. (Ord. 28166.)

"Director" means the director of planning, building and code enforcement. (Ord. 28166.)

"Electrical code" means the California Electric Code or CEC, 2025 edition, based on 2023 National Electric Code promulgated by the National Fire Protection Association, as amended and set forth in the California Building Standards Code, Title 24, Part 3 and in this title.

(Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Existing building" means a building legally erected prior to January 1, 2026 or one for which a legal building permit has been issued.

(Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Existing building code" means the California Existing Building Code, or CEBC, 2025 edition, based on 2024 International Existing Building Code promulgated by the International Code Council, including the appendix thereto, together with those

omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title. (Ords. 28838, 29334, 29806, 30326, 30837, 31256.)

"Fire code" is the California Fire Code or CFC, 2025 edition, based on 2024 International Fire Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in the California Code of Regulations and in this title.

(Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Green Building Standards Code" means the California Green Building Standards Code, or CAL Green, 2025 edition, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this Title.

(Ords. 28838, 29334, 29806, 30311, 30834, 31256.)

"Historical building code" means the California Historical Building Code, or CHBC, 2025 edition, including the appendix thereto in Title 24 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto as amended in this title.

(Ords. 28838, 29334, 29806, 30326, 30837, 31256.)

Editor’s note— Ord. 30326, § 8, adopted Nov. 5, 2019, repealed § 24.01.241, which pertained to the International Existing Building Code and derived from Ords. 28838, 29334, and 29806.

"Listed" and "listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified

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and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. Terms that are used to identify listed equipment, products or materials include "listed," "certified," "classified" or other terms as determined by the listing organization. (Ords. 28166, 31256.)

"Energy code" means the California Energy Code, 2025 edition, including the appendix thereto in Title 24 of the California Code of Regulations, together with those omissions, amendments, exceptions and additions thereto as amended in this Title. (Ord. 31256.)

Editor’s note— Ord. 31256, § 12, adopted Nov. 18, 2025, amended § 24.01.243 in its entirety, in effect repealing and reenacting said § 24.01.243 to read as set out herein. The former § 24.01.243 pertained to building energy efficiency standards and derived from Ords. 29806, 30311, 30834.

"Mechanical code" is the California Mechanical Code or CMC, 2025 edition, based on 2024 Uniform Mechanical Code promulgated by the International Association of Plumbing and Mechanical Officials, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.

(Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used. (Ord. 28166.)

"Permit" is an official document or certificate issued by the building official authorizing perfor-

mance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the building official. (Ord. 28166.)

"Plumbing code" is the California Plumbing Code, or CPC, 2022 edition, based on 2021 Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title. (Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

"Repair" is the reconstruction, replacement or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance and/or sustained damage. (Ords. 28166, 31256.)

"Residential code" means the California Residential Code, or CRC, 2025 edition, based on 2024 International Residential Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title.

(Ords. 28838, 29334, 29806, 30326, 30837, 31256.)

"Structural observation" means the visual observation of the structural system by a registered design professional for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections required by Part 5 of this chapter, CBC Section 1704, and other sections of the Building Code.

(Ords. 28166, 28838.)

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§ 24.01.320

"Structure" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 28166.)

"Technical codes" refer to those codes adopted by this chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined which include but are not limited to California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Existing Building Code, California Historical Building Code, California Energy Code, California Wildland-Urban Interface Code, and California Green Building Standards Code.

(Ords. 28166, 28838, 29806, 30326, 31256.)

"Wildland-Urban Interface code" means the California Wildland-Urban Interface Code, or CWUIC, 2025 edition, based on 2024 International Wildland-Urban Interface Code promulgated by the International Code Council, including the appendix thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations and in this title. (Ord. 31256.)

Part 3

EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT

• 24.01.322 Additions, alteration or repairs: unsafe conditions.

• 24.01.324 Additions, alteration or repairs: height, number of stories and area.

• 24.01.326 Additions, alteration or repairs: compliance with code requirements.

• 24.01.330 Additions, alteration or repairs: use of same materials.

• 24.01.332 Minor additions, alterations and repairs.

• 24.01.340 Existing building service installations.

• 24.01.350 Existing occupancy.

• 24.01.355 Maintenance.

• 24.01.360 Moved buildings.

• 24.01.365 Temporary structures.

• 24.01.370 Historic buildings.

The provisions of this part govern the application of the technical codes to existing buildings and building service equipment. (Ord. 28166.)

Buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this part. (Ord. 28166.)

Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the require-

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ments of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. (Ord. 28166.)

• A. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.

• B. An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the Building Code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life.

• (Ord. 28166.)

• A. A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the Building Code for new buildings.

• B. A building plus new additions, shall not exceed the height, number of stories and area specified by the Building Code for new buildings.

• (Ord. 28166.)

• A. Additions or alterations shall not be made to an existing building or structure when the ex-

isting building or structure is not in full compliance with the provisions of the Building Code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken.

• B. Exception: Alterations of existing structural elements, or additions of new structural elements which are not required by Section 24.01.340 of this chapter and Section 24.01.350 of this chapter and which are initiated for the purpose of increasing the lateral-force-resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that:

  1. The capacity of existing structural elements required to resist forces is not reduced, and

  2. The lateral loading to required existing structural elements is not increased beyond their capacity, and

  3. New structural elements are detailed and connected to the existing structural elements as required by these regulations, and

  4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations, and

  5. An unsafe condition as defined above is not created.

• (Ord. 28166.)

Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, sub-

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ject to approval by the building official. Installation or replacement of glass shall be as required for new installations.

(Ord. 28166.)

Minor additions, alterations and repairs to existing building service equipment installations may be made in accordance with the technical code in effect at the time the original installation was made, subject to approval of the building official, and provided such additions, alterations and repairs will not cause the existing building service equipment to become unsafe, unsanitary or overloaded. (Ord. 28166.)

Building service equipment lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. (Ord. 28166.)

• A. Buildings in existence on December 31, 2025 may have their existing use or occupancy continued if the use or occupancy was legal at the time of the adoption of the building code, and provided continued use is not dangerous to life, health and safety.

• B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of Part 6 of Chapter 24.02 and Chapter 24.07.

• (Ords. 28166, 28838, 29334, 29806, 30326, 30837, 31256.)

• A. Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition.

• B. Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed.

• C. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment.

• D. The building official may cause a structure to be reinspected to determine compliance with this subsection.

• (Ord. 28166.)

Buildings, structures and their building service equipment moved into or within the city shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment.

(Ord. 28166.)

• A. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC 3103.

• B. Buildings or structures erected under a temporary structure permit shall comply with CBC 3103.

• C. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

• (Ords. 28166, 29334.)

Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made without conforming to the requirements of the technical codes when authorized by the building official, provided:

• A. The building or structure has been designated by official action of the legally

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constituted authority of the city as having special historical or architectural significance.

• B. Unsafe conditions as described in this title are corrected.

• C. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building.

• (Ord. 28166.)

Part 4

INTERPRETATION

Sections:

• A. When conflicting provisions or requirements relating to building standards occur between this title, the technical codes and other codes or laws, the most restrictive shall govern.

• B. When conflicts occur between building standards in the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive building standards provisions shall govern.

• C. Where in a specific case different sections of the technical codes specify different materials, methods of construction or other building standard requirements, the most restrictive shall govern. When there is a conflict between the general building standard requirement and a specific requirements, the specific requirement shall be applicable.

• D. Where conflicts occur between administrative provisions in this Code and administrative provisions in the technical codes, the provisions in this Code shall govern.

• (Ords. 28166, 29334.)

• A. The provisions of the technical codes are not intended to prevent the use of any material, appliance, installation, device, arrangement, design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the building official.

• B. The building official may approve an alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

• C. The building official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use.

• D. The details of an action granting approval of an alternate shall be recorded and entered in the department's files.

• E. The building official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the building official at the applicant's expense.

• (Ords. 28166, 28838.)

• A. Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the building official may grant modifications for individual cases.

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• B. The building official shall first find that:

  1. A special individual reason makes the strict letter of the technical code impractical;

  2. The modification is in conformity with the intent and purpose of the technical code, and

  3. Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity.

• C. The details of actions granting modifications shall be recorded and entered in the department's files.

• D. The building official may require the applicant to arrange for the proposed modification be reviewed by an outside agency designated by the building official at the applicant's expense.

• (Ord. 28166.)

• A. Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the building official may require tests as evidence of compliance to be made at the applicant's expense.

• B. Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall determine test procedures.

• C. Tests shall be made by an approved agency.

• D. Reports of such tests shall be entered in the department's files.

• E. The building official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the building official at the applicant's expense.

• (Ord. 28166.)

Part 5

AUTHORITY

Sections:

24.01.500 Building official powers and duties.

24.01.510 Interpretations and policies.

24.01.520 Deputies.

24.01.530 Right of entry.

24.01.540 Stop orders.

24.01.550 Occupancy violations.

24.01.560 Authority to disconnect utilities.

24.01.570 Authority to condemn building service equipment.

24.01.580 Connection after order to disconnect.

• A. The building official is authorized and directed to enforce all of the provisions of this title, and the technical codes, excepting that the provisions of Chapter 9 of building code and part 7 California Wildland-Urban Interface code shall be enforced jointly with the chief of the fire department. For such purposes, the building official and the chief of the fire department, respectively, and their respective authorized representatives, shall each have the powers of a peace officer.

• B. The building official shall have all of the following powers and authority subject to the direction and supervisory authority of the director with regard to:

  1. The authority granted to the "building official" by this title and the CBC.

  2. The authority granted to the "administrative authority" by this title, the CPC and CMC.

  3. The authority required to enforce the CEC.

  4. The authority required to enforce the CRC.

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5. The authority required to enforce the CALGreen.

6. The authority required to enforce the CHBC.

7. The authority required to enforce the CEBC.

8. The authority required to enforce the California Energy Code.

• (Ords. 28166, 28838, 29806, 30326, 31256.)

The building official shall have the power and authority to render interpretations of this title and the technical codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this title. (Ord. 28166.)

In accordance with department procedures, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the department. (Ord. 28166.)

• A. The building official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this title:

  1. When necessary to make an inspection to enforce any of the provisions of this Title and the technical codes, or

  2. When the building official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this title which makes the building or premises unsafe, dangerous or hazardous.

• B. The building official shall adhere to the following procedures in making an entry:

  1. If such building or premises be occupied, the building official shall present credentials to the occupant and request entry.

  2. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

  3. Should entry be refused, the building official shall have recourse to the remedies provided by law to secure entry.

• (Ord. 28166.)

When work is being done contrary to the provisions of this title, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this title, the building official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the building official to proceed with the work. (Ord. 28166.)

When a building or structure or building service equipment therein regulated by this title and the technical codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. (Ord. 28166.)

The building official or the building official's authorized representative shall have the authority to disconnect a utility service or energy supplied to

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the building, structure or building service equipment therein regulated by this title or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. (Ord. 28166.)

• A. When the building official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the building official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate.

• B. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

• C. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within twenty-four (24) hours to the serving utility, the owner and occupant of such building, structure or premises.

• D. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this title, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

• (Ord. 28166.)

No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which

has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment. (Ord. 28166.)