Code and Legal Topics
May 2002

When Are Permits Required

Over the past 25 years I have frequently been asked, in reference to small projects or for projects where time is critical, whether a permit is required for the work. The answer can be found in the 1998 California Building code in Chapter one (administration) Section 106  

106.1 Permits Required. "Except as specified in in Section 106.2 no building or structure regulated by this code shall be erected, constructed enlarged, altered, repaired, moved, improved, [Interior improvements of any kind are regulated by this code] removed, converted, or demolished unless a separate permit for each building has first been obtained from the building official."

106.2 Work Exempt from Permit. 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.
2. Fences not over six feet high.
3. Oil derricks.
4. Movable cases, counters and partitions not over five feet nine inches high.
5. Retaining walls that are not over four feet 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 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.
8. Painting, papering and similar finish work.
9. Temporary motion picture, television and theater stage sets and scenery
10. Window awnings supported by an exterior wall of Group R division 3 and Group U occupancies when not projecting more than 54 inches.
11. Prefabricated swimming pools accessory to Group R division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.
12. State owned buildings under the jurisdiction of the State fire marshal. 

Unless otherwise exempted separate plumbing, electrical and mechanical permits will be required for the above - exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

In addition to the above exceptions some jurisdictions allow minor repairs to plumbing and electrical systems. In theory almost all construction requires that the owner/tenant/builder obtain a permit - in practice this requirement, especially on smaller projects, is often ignored, sometimes with serious consequences.

Discovery of a non permitted work is generally complaint driven. In the city of San Jose most instances requiring investigation by the city's code enforcement department (for industrial/office and R&D buildings) are referrals from other agencies, such as the Fire Department, Bay Area Air Quality Control, City of San Jose Environmental Code Enforcement and the State Department of Fish and Game, all of which are responding to citizens' complaints: a passerby, a neighbor, an employee....

When non permitted work is discovered the city will issue an Order to Comply. The permittee must then follow the same submittal process that one customarily pursues - but with some significant differences: 

• Investigative fees, provided for in the building code and equal to the value of the permit fee (whether or not the permit is subsequently issued) will likely be charged by the city.
• The applicant may have to remove or alter some or all components of the project - irregardless of any "built to code" promises by the contractor, since there may be violations of city or state laws and ordinances which are frequently more restrictive than the building code.  
• The applicant will be under duress in that any remedial work may cause substantial unplanned for disruption of his or his tenant's operations. 

Getting a permit through the Code Enforcement process will always be much more expensive than it will be through the prescribed procedure. Don't jeopardize your reputation, property or pocket book - hire an experienced design/build contractor or architect, have him get your permit and sleep better tonight.