San Jose Municipal Code Part 1 General

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.)

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 fifty-four 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 two-family 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.

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 two-family 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.)