San Jose Municipal Code Part 3 Permit Issuance

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.

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

2. Plan check submittal or approval for one-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 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 multi-building 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.)