Part 4 — INTERPRETATION
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
24.01.410 - Conflicting provisions.¶
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.)
24.01.420 - Alternate materials, methods of design and methods of construction.¶
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.)
24.01.430 - Modifications.¶
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.
B.
The building official shall first find that:
A special individual reason makes the strict letter of the technical code impractical;
The modification is in conformity with the intent and purpose of the technical code, and
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.)
24.01.440 - Tests.¶
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.)
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