Chapter 24.02

PERMITS

Parts:

• 1 General

• 2 Application Requirements 3 Permit Issuance

• 4 Fees

• 5 Inspections

• 6 Certificate of Occupancy 7 Appeals

• 8 Responsible Construction

Part 1

GENERAL

Sections:

• 24.02.110 Work exempt from permit.

• 24.02.120 Building permit exemptions.

• 24.02.130 Plumbing permit exemptions.

• 24.02.140 Mechanical permit exemptions.

• 24.02.150 Electrical permit exemptions.

Except as specified in this part, no building, structure or building service equipment regulated by this title and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official. (Ord. 28166.)

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§ 24.02.110

• A. A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this part.

• B. Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or city ordinances.

• (Ord. 28166.)

• A. A building permit shall not be required for the following:

  1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Part 7 California Wildland-Urban Interface Code despite exemption from permit.

  2. Fences, other than swimming pool barriers, not over seven feet (2,134 mm) high.

  3. Oil derricks.

  4. Nonfixed and movable fixtures cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high.

  5. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

  6. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one.

  7. Sidewalks and driveways not more than thirty inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route.

  8. Decks, in Group R-3 occupancy, not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the required exit door.

  9. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

  10. Temporary motion picture, television and theater stage sets and scenery.

  11. Window awnings, in Group R-3 and U occupancies, supported by an exterior wall that do not project more than fiftyfour inches from the exterior wall and do not require additional support.

  12. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.

  13. Replacement, repair or overlay of less than twenty-five percent of an existing roof within any twelve-month period.

  14. Swings and other playground equipment accessory to detached one- and twofamily dwellings.

  15. Taping joints and sheetrock installations for unrated walls and ceilings.

• B. Unless otherwise exempted by this title, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

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

A plumbing permit shall not be required for the following:

• A. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this title.

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§ 24.02.150

• B. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

• C. Reserved.

(Ords. 28166, 29334, 30326, 31256.)

A mechanical permit shall not be required for the following:

1. A portable heating appliance.

2. Portable ventilating equipment.

3. A portable cooling unit.

4. A portable evaporative cooler.

5. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the Mechanical Code.

6. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes.

7. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes.

8. A unit refrigerating system as defined in the Mechanical Code.

9. Self-contained refrigeration system containing 10 pounds (4.54kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less.

• (Ords. 28166, 31256.)

An electrical permit shall not be required for the following:

1. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

   2. Reserved.

   3. Listed cord and plug connected temporary decorative lighting.

   4. Reserved.

   5. Reinstallation of attachment plug receptacles, but not the outlets.

   6. Replacement of any branch circuit overcurrent device of the required capacity in the same location, in one- and twofamily dwellings.

   7. Reserved.

   8. Installation or maintenance of communications wiring, devices, appliances, apparatus, or equipment.

   9. Reserved.

   10. Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

   11. Electrical equipment used for radio and television transmissions. This exemption does not apply to equipment and wiring for the power supply and the installations of towers and antennas.

   12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy, except in hazardous (classified) locations, emergency systems, standby systems, energy storage systems, and energy management systems.

   13. Reserved.

   14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence that is under the ownership and control of public service agencies by established right.

• (Ords. 28166, 30326, 31256.)

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§ 24.02.210

Part 2

APPLICATION REQUIREMENTS

Sections:

• 24.02.245 Deferred submittals.

• 24.02.250 Special inspection and observation program.

• A. To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the building official for that purpose.

• B. Every such application shall:

  1. Identify and describe the work to be covered by the permit for which application is made.

  2. 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.

  3. Indicate the use or occupancy for which the proposed work is intended.

  4. Be accompanied by plans, diagrams, computations and specifications and other data as required in 24.02.220.

  5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.

  6. Be signed by the applicant, or the applicant's authorized agent.

  7. Give such other data and information as may be required by the building official.

• (Ord. 28166.)

• A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special in-

spection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one (1) or more sets with each application for a permit.

• B. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer.

• C. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.

• D. Exception: The building official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title.

• (Ord. 28166.)

• A. Plans and specifications shall be drawn to scale on electronic document or substantial paper and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this title and all relevant laws, ordinances, rules and regulations.

• B. Plans for buildings of other than Group R, Division 3 and Group U occupancies shall indicate how required structural and fireresistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.

• (Ords. 28166, 28838, 29806.)

• A. When it is required that documents be prepared by an architect or engineer, the building

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official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record.

• B. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record.

• C. The building official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.

• D. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

• (Ord. 28166.)

• A. For the purposes of this chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building official within a specified period.

• B. Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents together with any required additional fees for review by the building official prior to their installation.

• C. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building.

• D. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.

• (Ord. 28166.)

• A. When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building official for approval prior to issuance of the permit.

• B. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors.

• C. The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

• D. When structural observation is required by CBC Chapter 17, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.

• E. The inspection program shall include samples of inspection reports and provide time limits for submission of reports.

• (Ords. 28166, 29806.)

Part 3

PERMIT ISSUANCE

Sections:

24.02.315 Permits for partial construction.

24.02.320 Retention of plans.

24.02.330 Validity of permit.

24.02.340 Permit expiration.

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§ 24.02.310

• B. The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted.

• (Ord. 28166.)

• A. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official as deemed appropriate. Such plans may be reviewed by other city departments to verify compliance with other applicable laws.

• B. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this title and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the building official shall issue a permit therefor to the applicant.

• C. The building official shall endorse, in writing or stamp, the required plans and specifications.

• D. Approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this title shall be done in accordance with the approved plans.

• (Ord. 28166.)

• A. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes.

• A. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than one hundred eighty days from the date of the completion of the work covered therein;

• B. One set of approved plans and specifications shall be returned to the applicant and shall be kept in the site of the building or work at all times during which the work authorized thereby is in progress.

• (Ords. 28166, 29806.)

• A. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this title or the technical codes, or of any other law or ordinance.

• B. Permits presuming to give authority to violate or cancel the provisions of this title or of other city ordinances shall not be valid.

• C. The issuance of a permit based on plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this title or of any other city ordinances.

• (Ord. 28166.)

• A. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within twelve

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(12) months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

• B. All permits shall expire by limitation of time and become null and void unless an inspection indicating substantial progress in construction has been requested and performed every one hundred eighty (180) days or sooner.

• C. Before work terminated pursuant to Subsection B. above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees.

• (Ords. 28166, 30326.)

• A. A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, if the permittee can demonstrate that, for good and satisfactory reasons, it is not feasible to commence the work within the required time.

• B. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

• C. Permits shall not be extended more than once, except that, the Building Official may approve a maximum of one additional extension of three hundred sixty days when the applicant demonstrates that special unusual circumstances exist. In this case, the chief building official may require that additional fees be paid and plans be revised to partially or fully comply with the current codes.

• D. Permit time extension when there are multiple permits on a single project must comply with all of the following:

  1. For the purpose of permit expiration, all permits associated with a single project (i.e., same address, suite, portion of build-

ing) will be considered as one project. If an inspection has been performed on any of the permits for the project, all permits will be considered to have been extended for an additional one hundred eighty days. However, no permit more than three years old may be extended by the extension of another permit on the same project.

2. In order to extend a permit described in Subsection 1., above, one of the permits must be extended subject to aforementioned limitations and payment of required fees. Additionally, an inspection indicating that the applicant has made substantial progress must be requested and performed on the permit that has been extended within one hundred eighty days, from the date of permit issuance.

(Ords. 28166, 28595.)

• A. All plan check submittals for which a permit is not issued shall expire by limitation and become null and void if the application is suspended or abandoned one hundred eighty (180) days after the plan review has commenced.

• B. Plans which have approvals for permit issuance that have expired may thereafter be returned to the permittee or destroyed by building official.

• (Ords. 28166, 30326.)

• A. All plan check submittals and approvals must be updated to meet this title when the permit is issued two or more code cycles after the application date.

• B. When a plan check submittal or approval has expired, then it must be resubmitted and appropriate fees paid for review for conformance with the current codes.

• C. Plan check time extensions for one-building projects must comply with the following:

  1. A plan check submittal or approval may be extended one time for an additional

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one hundred eighty days by applicant making a written request to building official and paying appropriate fee.

2. Plan check submittal or approval for onebuilding projects shall not be extended more than once, except that, the building official may approve an extension of not more than three hundred sixty days when the applicant demonstrates that circumstances beyond the control of applicant have prevented action from being taken. In this case, the chief building official may require that additional fees be paid and plans be revised to partially or fully comply with the current codes.

• D. Plan check time extensions for ongoing multibuilding projects must comply with all of the following:

  1. A plan check submittal or approval may be extended one time for an additional one hundred eighty days by applicant making written request to building official and paying appropriate fees.

  2. If a permit for at least one building has been issued, then the plan check approval is valid for one hundred eighty days from the latest permit issuance date, subject to the above limitations. The plan check approval may be extended for an additional three hundred sixty-day period by applicant making a written request to building official and paying appropriate fees, subject to the above limitations.

  3. Plan check submittal or approval for multi-building projects shall not be extended more than once, except that, the building official may approve an extension of not more than three hundred sixty days when the applicant demonstrates that circumstances beyond the control of applicant have prevented action from being taken. In this case, the building official may require that additional fees be paid.

(Ords. 28166, 28595, 28838, 29334, 29806, 30326.)

The building official may, in writing, suspend or revoke a permit issued under the provisions of this title and the technical codes when the permit is issued in error or on the basis of incorrect information supplied, or in violation of an ordinance or regulation or the provisions of this title. (Ord. 28166.)

Part 4

FEES

Sections:

• 24.02.400 Fees established by city council resolution.

• 24.02.420 Plan review fees.

• 24.02.430 Plan review time extension and renewal fees.

• 24.02.440 Investigation fees for work without a permit.

• 24.02.450 Fee refunds.

All fees required pursuant to this title shall be paid in the amount established set forth in the schedule of fees established by resolution of the city council.

(Ord. 28166.)

The fee for each building permit shall be paid as set forth in the schedule of fees established by resolution of council.

(Ord. 28166.)

• A. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifica-

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tions for checking. The plan review fee is separate and in addition to the building permit fee.

• B. The plan review fee shall be as set forth in the schedule of fees established by council.

• C. Whenever a permit is requested for the construction of a single-family or duplex structure as part of a subdivision previously planchecked and approved under Section 24.02.310.B, a fee as set forth in the schedule of fees established by council for each such structure shall be paid at the time of application for each such building permit.

• D. Upon request to review plans on file, a fee as set forth in the schedule of fees established by council shall be paid, if the plans for such building or structure must be obtained from the city records center.

• (Ord. 28166.)

• A. An applicant shall pay appropriate fees when requesting a plan review or approval time extension.

• B. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay full new plan review fees. However, where said plans are resubmitted without change and there has been no substantial intervening change in codes, law or circumstance, as determined by building official, applicant shall only pay a refiling fee in the amount stated in the schedule of fees.

• (Ord. 28166.)

• A. Whenever any work for which a permit is required by this title has been commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work.

• B. The investigation fee in an amount set forth in the schedule of fees, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued.

• C. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.

• (Ord. 28166.)

• A. The building official may authorize and initiate the refunding of the overpayment of any fee paid hereunder when such overpayment was made because of a clerical error, system error or arithmetic miscalculation and such error or miscalculation has been demonstrated to the satisfaction of the building official or designee.

• B. The building official may authorize the refunding of not more than eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this title.

• C. The building official may authorize the refunding of not more than eighty percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.

• D. Other than refunds identified in Subsection A, the building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than three hundred sixty-five days after the date of the fee payment.

• (Ords. 28166, 29749, 29806.)

• A. Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the city has no jurisdiction for issuance of permits.

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• B. However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees are charged.

• (Ord. 28166.)

Part 5

INSPECTIONS

Sections:

24.02.505 Inspection record card.

• 24.02.510 Inspection requests.

• 24.02.515 Approval required.

• 24.02.520 Required building inspections.

• 24.02.525 Required building service equipment inspections.

• 24.02.530 Other inspections.

• 24.02.535 Reinspections.

24.02.540 Special inspections.

• 24.02.545 Structural observation.

building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

• D. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

• E. All inspections specified herein shall be at the discretion of the building official and nothing in the technical codes or in this chapter shall be construed as requiring the city to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the technical codes nor this section shall be construed to hold the city or any officer, employee or representative of the city, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

• (Ords. 28166, 28838.)

24.02.550 Connection to utilities.

• A. Construction or work for which a permit is required shall be subject to inspection by the building official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection and structural observation as specified in Chapter 17 of Building Code.

• B. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this title or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this title or of other ordinances of the jurisdiction shall not be valid.

• C. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the

• A. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work.

• B. The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the building official.

• (Ord. 28166.)

• A. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection.

• B. The building official may require that every request for inspection be filed at least one (1)

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working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

• C. It shall be the duty of the person requesting any inspections required either by this title or the technical codes to provide access to and means for inspection of the work.

• (Ord. 28166.)

• A. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official.

• B. Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official.

• C. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this title.

• D. Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

• E. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

• (Ord. 28166.)

The building official, upon notification, shall make the following inspections:

• A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need

not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

• B. Concrete slab or under-floor inspection. To be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

• C. Protection of joints and penetrations in fire resistive assemblies, smoke barriers, and smoke partitions shall not be concealed from view until inspected and approved.

• D. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

• E. Frame inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, heating wires, pipes, and ducts are approved.

• F. Lath and/or gypsum panel product inspections shall be made after lathing and gypsum panel products, interior and exterior, are in place but before plaster is applied or before gypsum panel product joints and fasteners are taped and finished.

• G. Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use.

• (Ords. 28166, 30837, 31256.)

• A. General. Building service equipment for which a permit is required by this Title shall be in-

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spected by the building official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the building official.

• B. Operation of building service equipment. The requirements of this section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the building official not more than forty-eight (48) hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building.

(Ord. 28166.)

In addition to the called inspections specified above, the building official may make or require other inspections of construction work to ascertain compliance with the provisions of this title or technical codes and other laws which are enforced by the department. (Ord. 28166.)

ling the practice of calling for inspections before the job is ready for such inspection or reinspection.

• C. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official.

• D. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the schedule of fees.

• E. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

• (Ord. 28166.)

Special inspection shall be provided in accordance with Section 1704 of the Building Code. Additional special inspections may be required when deemed necessary by the building official. (Ord. 28166.)

Structural observation shall be provided in accordance with Section 1704 of the Building Code. Additional structural observation may be required when deemed necessary by the building official. (Ords. 28166, 28838, 29334.)

• A. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

• B. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as control-

• A. Energy connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this title, until approved by the building official.

• B. Temporary connections. The building official may authorize the temporary connection of

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the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. (Ord. 28166.)

Part 6

CERTIFICATE OF OCCUPANCY

After the building official inspects the building or structure and finds no violations of the provisions of this title or other laws, the building official shall issue a certificate of occupancy which shall contain the following:

• A. The building permit number.

• B. The address of the building.

• C. The name and address of the owner.

Sections:

• 24.02.610 Use or occupancy.

• 24.02.620 Change in use.

• 24.02.630 Issuance of certificate of

  • occupancy.

• 24.02.640 Temporary certificate of occupancy.

• 24.02.650 Posting.

• 24.02.670 Revocation.

• A. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein.

• B. Exception: The following occupancies shall not require a certificate of occupancy:

  1. Group R, Division 3,

  2. Group U Occupancies.

• C. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this title or of other city ordinances.

• D. Certificates presuming to give authority to violate or cancel the provisions of this title or of other city ordinances shall not be valid.

• (Ord. 28166.)

Changes in the character or use of a building shall not be made except as specified in the Building Code. (Ord. 28166.)

• D. A description of that portion of the building for which the certificate is issued.

• E. A statement that the described portion of the building has been inspected for compliance with the requirements of this title for the group and division of occupancy and the use for which the proposed occupancy is classified.

• F. The name of the building official.

• G. The edition of the code under which the permit was issued.

• H. The use and occupancy, in accordance with the provision of CBC Chapter 3.

• I. The type of construction as defined in CBC Chapter 6.

• J. If an automatic sprinkler system is provided.

(Ords. 28166, 29334, 30326.)

• A. If the building official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure.

• B. Applicant shall pay required fees prior to issuance of temporary certificate of occupancy.

• (Ords. 28166, 30326.)

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. (Ord. 28166.)

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The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this title when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this title. (Ord. 28166.)

Part 7

APPEALS

Sections:

• 24.02.720 Notice of appeal.

• 24.02.730 Request for ratification.

• 24.02.740 Filing fee.

• 24.02.750 Hearings.

• 24.02.760 Decisions.

• 24.02.770 Findings and order.

An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the building official may file an appeal with the appeals hearing board. (Ords. 28166, 29334, 30326.)

• A. A request for appeal may be taken only by filing a written notice of appeal with the secretary of the board no later than the fifteenth (15th) day after the date the building official makes a written determination accepting, denying or modifying a proposed design solution regarding Building Code and/or disabled access requirements.

• B. Each notice of appeal shall include:

  1. A description of the work or improvements proposed to be made or done;

  2. A description of the proposed location of the work or improvements;

  3. The reasons, in detail, why

     • a. The decision of the building official should not be sustained; and

     • b. The relief prayed for should be granted.

• (Ord. 28166.)

• A. For purposes of this chapter, "request for ratification" means a written request by the building official that the board approve a proposed solution based upon a finding of "unreasonable hardship" as that term is used in Title 24 of the California Code of Regulations.

• B. The board must have approved a request for ratification, prior to the approval of plans or issuance of a permit which requires a finding of unreasonable hardship.

• C. The building official shall place any request for ratification of a determination of unreasonable hardship on the board's agenda in accordance with the provisions of Section 24.02.750.

• (Ord. 28166.)

No notice of appeal or request for ratification shall be accepted by the secretary of the board unless the appellant shall have first paid a filing fee as set forth in the schedule of fees established by resolution of the city council. (Ord. 28166.)

• A. The building official shall place all matters for hearing on the board's agenda no later than ten (10) days prior to the meeting date on which the matter is set to be heard.

• B. All requests for ratification and for appeal shall be in writing and shall contain sufficient information to allow the board to make a determination on the request.

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• C. An appeal shall be heard the next regular meeting of the board which is held not more than seventy-five (75) days after the notice of appeal is filed.

• D. At such meeting, or at such later time as the matter may be continued by the board, the appellant and the building official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.

• (Ord. 28166.)

• A. The board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:

  1. The proposed design is satisfactory and complies with the intent of this chapter; and

  2. The proposed design meets the requirements of Title 24.

• B. Board decisions overruling the building official's decisions shall require four (4) votes.

• C. Board decisions ratifying the building official's requests for ratification shall require three (3) votes.

• D. Should the board render a decision contrary to that of the building official, then the decision of board shall be deemed the decision of the building official.

• (Ord. 28166.)

Notice to Parties

The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.

• D. The findings and order of the board shall either be personally delivered or mailed to the appellant within thirty (30) days following the conclusion of the hearing.

• (Ord. 28166.)

Part 8

RESPONSIBLE CONSTRUCTION

Sections:

24.02.820 Exemptions.

• 24.02.830 Acknowledgement of responsibility.

24.02.840 Posting.

• 24.02.850 Pay transparency certification.

• 24.02.860 Violations.

• 24.02.870 Unpaid wage theft judgment - Complaint.

• 24.02.880 Unpaid wage theft judgment - Appeal.

• 24.02.890 Cure of violation.

• 24.02.900 No private right of action.

• 24.02.910 Effective date.

• A. Within thirty (30) days following the conclusion of the hearing, the board shall make written findings of fact, based upon the evidence received at the hearing to support its decision and shall issue an order affirming, modifying, or overruling the determination or order of the building official under appeal.

• B. The decision of the board shall be final and conclusive.

• C. The findings and order of the board shall include the following notice:

The following words and phrases, whenever used in this Part, shall be construed as defined in this section:

• A. "Certificate of occupancy" means the building official's certification under Chapter 24.02.630 of this code that the project complies with all applicable requirements for occupancy. The building official's signature on the final inspection card may serve as the certificate of occupancy.

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• B. "Contractor" means the prime contractor for the project.

• C. "Subcontractor" means any business or person that carries out work of the prime contractor or another contractor for the project, provides labor to the project, and whose portion of the work exceeds one hundred thousand dollars or one percent of the value of the construction cost of the project, whichever is greater.

• D. "Hearing officer" means the City Manager or designee.

• E. "Labor Code Section 226(a)" is a provision of the California Labor Code that requires the employer to provide each employee, either bimonthly or at the time of payment of wages, an itemized wage statement that contains certain specified information concerning the employee's wages and deductions.

• F. "Labor Code Section 2810.5" is a provision of the California Labor Code that requires the employer, at the time of hiring, to provide each employee a written notice containing certain specified information about the employer, the employee's rate of pay, worker's compensation insurance, and sick leave.

• G. "Mail" means to deposit in United States mail, postage prepaid, unless the parties have agreed in writing to receive notifications by email in lieu of United States mail.

• H. "New construction" means construction of new buildings or structures including additions to existing buildings and structures.

• I. "Outstanding judgments list" means a list of contractors who have any unpaid wage theft judgment(s) against them generated by the owner from the California Department of Industrial Relations Judgment Search database, or any succeeding database, as of the date of the building permit application.

• J. "Owner" means the person or persons, firm, corporation, partnership or other legal entity exercising ownership of the project.

• K. "Remodeling" means internal or external reconstruction, renovation, or improvements to

an existing building or structure that does not constitute complete replacement of the existing building or structure.

• L. "Project" means a construction project that requires a building permit from the City of San José.

• M. "Project construction employees" means employees of the contractor or subcontractor.

• N. "Representative" means a person authorized to legally bind the owner and/or contractor (for example, a corporate officer, general partner, or managing member of a limited liability company).

• O. "Unpaid wage theft judgment" means a judgment, decision or order, for which all appeals have been exhausted or the time to appeal has expired, that was issued by a court of law or an investigatory government agency authorized to enforce applicable California state and local wage and hour laws, including the California Labor Code and the City of San José Minimum Wage Ordinance, which has not been fully paid or satisfied, and which can be verified by reference to the California Department of Industrial Relations Judgment Search database, or any succeeding database. As used in this subsection, "investigatory government agency" includes the California Division of Labor Standards Enforcement, the city of San José, or any other governmental entity or division authorized to investigate and enforce state and local wage and hour laws.

(Ord. 31100.)

A project that consists of less than ten thousand square feet of new construction or remodeling is exempt from the requirements of this Part. (Ord. 31100.)

As a condition of approval for any building permit required for a project, an applicant shall sign an acknowledgement that:

• A. The owner, contractor, and subcontractors on the project will comply with all

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§ 24.02.850

applicable provisions of this chapter and the California Labor Code, including Labor Code Sections 2810.5 and 226a.

• B. The owner and contractor are responsible for verifying that the contractor and subcontractors hired on the project do not, as of the date of the building permit application, have any unpaid wage theft judgment(s) entered against them.

• C. After approval of the building permit, the owner and contractor are responsible for verifying, prior to hiring any new contractor or subcontractor, that the contractor or subcontractor does not appear on the outstanding judgments list.

• D. The owner is responsible for ensuring that, if a contractor or subcontractor has an unpaid wage theft judgment entered against them that appears on the outstanding judgments list, the contractor or subcontractor has provided proof demonstrating that the unpaid wage theft judgment has been satisfied prior to being hired onto the project.

• E. The owner is responsible for ensuring that any unpaid wage theft judgment(s) entered against the owner, contractor, or subcontractor for labor provided to the project are satisfied prior to application for a certificate of occupancy on the project.

• F. A violation under Section 24.02.860 will result in withholding of the certificate of occupancy.

• (Ord. 31100.)

Each day that work is performed on the project, the contractor shall post, in a conspicuous place at each job site where work takes place, the notice published each year by the city informing employees of their rights under this chapter. The notice shall be written in the top three languages spoken in the city based on the latest available census information for the city. (Ord. 31100.)

With the request for issuance of a certificate of occupancy for a project, for each contractor and subcontractor whose portion of the work exceeds one hundred thousand dollars or one percent of the value of the construction cost of the project, whichever is greater, the owner shall provide to the city a pay transparency certification ("certification"), signed by a representative of the owner, under penalty of perjury under the laws of the state of California. The certification required under this section shall be in a form approved by the city and contain a statement that:

• A. The owner did not have any unpaid wage theft judgment(s) entered against them dated prior to application for the building permit;

• B. No contractor or subcontractors have any unpaid wage theft judgment(s) entered against them dated prior to application for the building permit;

• C. No contractor or subcontractors have any unpaid wage theft judgment(s) entered against them for labor provided to the project; and

• D. A statement that:

  • (1) Contractor and any subcontractors who provided labor to the project were obligated to provide written notice to project construction employees of the employers' pay practices as required by Labor Code Section 2810.5 and wage statements under Labor Code Section 226(a); or

  • (2) Project construction employees of the contractor and subcontractors are covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employee, and the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those em-

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ployees of not less than thirty percent more than the state minimum wage (see Labor Code Section 2810.5(c)).

(Ord. 31100.)

The building official shall not issue a certificate of occupancy under either of the following circumstances:

• A. The owner has failed to submit the pay transparency certification required by Section 24.02.850.

• B. The Director of Public Works has sustained a complaint of an unpaid wage theft judgment pursuant to Section 24.02.870, and the owner or contractor has neither cured the unpaid wage theft judgment nor reversed the Director of Public Works' determination by appeal pursuant to Section 24.02.880.

• (Ord. 31100.)

• A. Any person who is aware of an unpaid wage theft judgment against the contractor or a subcontractor on a project whose portion of the work exceeds one hundred thousand dollars or one percent of the value of the construction cost of the project, whichever is greater, may submit a complaint to the building official. The complaint must include: (1) a copy of the Labor Commissioner's order, decision or award; (2) a copy of the judgment entered by a court of law that the specified contractor or subcontractor is the subject of an unpaid wage theft judgment; and (3) a declaration signed under penalty of perjury from the person that is owed the unpaid wages under the final wage theft judgment against the specified contractor or subcontractor that the judgment has not been satisfied.

• B. The complaint must be received by the building official before the building official has is-

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• sued a certificate of occupancy. After receiving a complaint, the building official shall withhold the certificate of occupancy until the Director of Public Works has verified the complaint and has determined whether the complaint is sustained, not sustained or incomplete. In the event the Director of Public Works finds that the complaint is sustained, the building official shall continue to withhold the certificate of occupancy unless the owner, contractor, or subcontractor provides proof demonstrating that the unpaid wage theft judgment is satisfied, or the Director of Public Works' determination is reversed by appeal pursuant to Section 24.02.880.

• C. The Director of Public Works shall, within 10 working days of receiving the complaint, determine whether the unpaid wage theft judgment appeared on the California Department of Industrial Relations Judgment Search database as of the date of the building permit application, or whether the unpaid wage theft judgment was for labor provided to the project, and verify that the complaint includes all the documentation required by Section 24.02.870(A).

  • (1) If the complaint is verified, the Director of Public Works shall mail written notice of violation to the owner and contractor at the address(es) on file with the city for the project. The notice of violation shall inform the owner and contractor of their opportunity to provide a written response to the complaint. The certificate of occupancy shall be withheld until the owner, contractor, or subcontractor provides proof demonstrating that the wage theft judgment has been satisfied.

  • (2) If the complaint does not include all required documentation, the Director of Public Works shall mail written notice to the complaining party that the complaint is incomplete or not sustained.

• D. The owner or contractor may provide a written response to the notice of violation within

TECHNICAL CODES

§ 24.02.910

30 working days of the mailing of the notice. Failure to respond may be deemed an admission to the truth of the facts alleged in the complaint.

• E. Within 10 working days of receiving the owner or contractor's response, or if no response is received, after 30 working days of mailing written notice to the owner and contractor, the Director of Public Works shall make a finding that the complaint is either sustained or not sustained. The Director of Public Works' decision shall be mailed to owner, contractor, complaining party, and the person that is owed the unpaid wages under the final wage theft judgment. If the complaint is sustained, the certificate of occupancy shall be withheld until the owner, contractor, or subcontractor provides proof demonstrating that the unpaid wage theft judgment is satisfied, or until an appeal pursuant to Section 24.02.880 reverses the Director of Public Works' finding.

• (Ord. 31100.)

• A. Notwithstanding Part 7 of this Chapter, if an owner or contractor is aggrieved by a decision of the Director of Public Works pursuant to Section 24.02.870, the aggrieved owner or contractor may appeal the decision by submitting a written appeal with the hearing officer within 10 working days of the mailing of the Director of Public Works' decision. The appeal shall contain the facts and basis for the appeal. The appeal shall be accompanied by payment of the appeal fee as set forth in a resolution adopted by the city council.

• B. The hearing shall be heard by the hearing officer within 60 working days of receipt of the appeal, or at a date and time agreed to by the parties.

• C. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and crossexamine witnesses. Testimony may be taken

on oath or affirmation. The hearing shall not be conducted according to formal rules of evidence. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

• D. The hearing shall be de novo. The complaining party shall be the respondent at the appeal hearing. The complaining party must prove by a preponderance of the evidence that the contractor or a subcontractor on the project is the subject of an unpaid wage theft judgment.

• E. The hearing officer shall issue a written decision within 10 working days of the hearing. The decision shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

• (Ord. 31100.)

The owner, contractor, or subcontractor may cure a violation of this Part at any time, including a violation related to an unpaid wage theft judgment, by providing proof demonstrating that the judgment has been satisfied, or that it has been secured by a labor payment bond, lien release bond, or similar security instrument in a form and amount sufficient to ensure that any wage claims and penalties can be fully paid. A violation for failure to submit a pay transparency certification may be cured immediately upon submittal of the pay transparency certification to the city.

(Ord. 31100.)

Nothing in this Part shall be interpreted to authorize a right of action against the city. (Ord. 31100.)

This Part shall become effective on December 1, 2024.

(Ord. 31100.)

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