Chapter 24.01 — ADMINISTRATION

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.)

Part 2 - DEFINITIONS

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

(Ord. 28166.)

"Alter" or "alteration" means any construction or renovation to an existing structure other than repair or addition.

(Ords. 28166, 28838.)

"Administrative authority" is the chief building official or a regularly authorized deputy.

(Ord. 28166.)

"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.)

"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.)

"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 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 performance 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.)

"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.)