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Building Safety - FAQs

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1. What are the Building and Safety Department contacts and hours?

We are located at 455 East Calaveras Boulevard, Milpitas, CA 95035.

Our contact telephone number is 408-586-3240.

We are open Monday through Friday from 8 am to 5 pm. 

Counter Service Hours

2. When is a Permit required?

Building permits are required for new construction, remodeling and tenant Improvements, repairs, and changes of occupancy category for both Commercial and Residential projects. Construction plans and documents are reviewed for compliance with applicable State and local laws and regulations.

Mechanical permits are required for installation, reconstruction, replacement, or relocation of mechanical equipment, such as furnaces, air conditioning units, hoods, boilers, ductwork, and others.

Plumbing permits are required for installation, reconstruction, replacement, or relocation of plumbing fixtures such as sewer, water and gas lines, water heaters, sinks, water closets and others.

Electrical permits are required for the installation, reconstruction, replacement, or relocation of electrical equipment and electrical installations associated with other equipment, such as outlets, lighting fixtures, electrical wiring, electrical panels and services, signs and others.

In addition to the above listed permits, Special permits are required for such activities as Demolition, Occupancy Certifications, Installation of Signs, Mobile Homes, Pools and Spas. In some cases permits may be required from outside agencies such as Santa Clara Health Department, Water Pollution Control Plant, Bay Area Air Quality District, PG&E and others.

3. When is a Building Permit not required?

For buildings regulated by the California Building Code, a Building Permit is not required for the following:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet.
2. Fences not over 7 feet.
3. Oil derricks.
4. Retaining wall that are not over 4 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.
5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theatre stage sets and scenery.
9. 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.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
13. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.

(California Building Code, 105.2 – Work exempt from permit)

 

For buildings regulated by the California Residential Code for One- and Two- Family Dwellings, a Building Permit is not required for the following:

1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet.
2. Fences not over 7 feet high.
3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. 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 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
10. Decks 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 exit door required by Section R311.4.

(California Residential Code, R105.2 – Work exempt from permit)

4. When is an Electrical Permit not required?

An Electrical Permit is not required for the following:

1. Listed cord and plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles, but not the outlets.
3. Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.

(California Electrical Code, 89.108.4.1 – Permits)

5. When is a Mechanical Permit not required?

A Mechanical Permit is not required for the following:

1. A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.
2. A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
3. Replacement of a component part that does not alter its original approval and is in accordance with other applicable requirements of the California Mechanical Code.
4. Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of the California Mechanical Code.
5. A unit refrigerating system.

(California Mechanical Code, 104.2 – Exempt Work)

6. When is a Plumbing Permit not required?

A Plumbing Permit is not required for the following:

1. The stopping of leaks in drains, soil, waste, or vent pipe, provided, however, that a trap, drainpipe, soil, waste, or vent pipe become defective, and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in the California Plumbing Code.
2. The clearing of stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(California Plumbing Code, 104.2 – Exempt Work)

7. How can I get an estimate for the Building Permit fees?

You will need to gather and provide the following information to the Building Safety Department Permit Center:

1. Project Address
2. Project Name
3. Applicant and contact person information including Name, Phone Number, and Postal or Email Address
4. Project description, including the square footage and a brief explanation of the scope of the work.
5. Construction Valuation
6. Occupancy Classification (indicating the use of the building)
7. Type of Construction (indicating wood, steel, or concrete)

 

The Permit Center will respond to your request within 24 hours. If you have any questions, please contact us at 408-586-3240.

8. Which fees do I have to pay at submittal time and also after my plans are approved?

Generally, the fees you need to pay are categorized as indicated below:

1. Plan checking Fees: need to be paid at the time of submittal before the review has started.
2. Inspection Fees: need to be paid after the permit application approval.
3. Miscellaneous fees include Imaging fee, Seismic fee, Additional Hourly Plan Check fee, and Additional Hourly Inspection fee (applicable in some situations).

 

You can request an estimate of your Permit fees prior to submittal of permit application package. Please refer to question "How can I get an Estimate for a Building Permit Fees".

9. Which permits can be obtained online, (E-Permits)?

Water heater and furnace replacement, bathroom and kitchen remodels, re-roofs, and others are available online.

10. Which permits can be obtained over the counter?

Interior modifications or alterations of office spaces up to 4,000 square feet, retail spaces up to 1,500 square feet, and industrial spaces up to 5,000 square feet without use or storage of hazardous materials may qualify for over-the-counter review. Please refer to the Building Department Express Plan Review Service (PDF) handout.

11. Can I setup an appointment for reviewing my plans?

Yes. You can call 408-586-3240 and request Plan Review by Appointment. Prior to calling for an appointment, please review the Plan Review by Appointment (PDF) handout to ensure your project meets the requirements.

12. Can I request "overtime" (after hours) plan check?

Yes. The Building Safety Department offers this service for an additional fee based upon the availability of the staff. Please refer to the Building Permit Expedited Plan Review (PDF) handout.

13. What will happen after I submit my plans for review?

After you submit your permit application package, your drawings will be routed to City Departments for review and approval. Please refer to the Building Permit Process (PDF) guidelines.

14. How long does it take to review my plans?

The plan review turnaround time is based on the scope of work and type of use, such as Commercial or Residential, indicated in the submittal. Please refer to the Plan Review Turnaround Time (PDF) handout for more information.

15. Who can obtain a Building Permit after the plans are approved?

A property owner may obtain permits for any work performed. Licensed Contractors acting as the authorized agent of the property owner may obtain permits for the specific work allowed by their license.

16. Can I do work before obtaining a Building Permit if plans are already submitted for review?

No, the Building Permit must be issued prior to the commencement of any work.

17. What are the applicable codes used by the City of Milpitas, Building and Safety?

Applicable Codes:

• California Building Code (CBC)
• California Residential Code (CRC)
• California Mechanical Code (CMC)
• California Electrical Code (CEC)
• California Plumbing Code (CPC)
• International Swimming Pool and Spa Code (ISPSC)
• California Energy Code (CEnC)
• California Fire Code (CFC)
• California Green Building Standards Code (CALGreen)
• Milpitas Municipal Code (MMC)

18. What are the design wind load and wind exposure that must be used for structures constructed in the City of Milpitas?

On the Valley Floor, basic wind speed is 85 mph (3 second Gust). In the Hillside Area, basic wind speed is 95 mph (3 second Gust) and exposure C.

19. How can I schedule an inspection?

As your construction project progresses, inspections by the City of Milpitas Building Safety inspectors are required. It is the responsibility of the person performing the work authorized by the building permit to contact the Building Safety Department to schedule an inspection. Inspections are requested and scheduled by calling the Inspection Request Line, which is open 24 hours each day.

The telephone number of the Inspection Request Line is 408-586-3259

Please refer to the Building Inspection Request Procedure (PDF) handout for more information.

20. Can I schedule an inspection online?

Yes. Please go to the online inspection scheduling website.

21. How can I cancel or reschedule an inspection?

If the work is not ready for inspection or if you need to cancel an inspection for any other reason, call the Inspection Request Line at 408-586-3259 before 8:30 am on the day of the scheduled inspection. Rescheduling an inspection is the same process as scheduling a new inspection. Please refer to the Building Inspection Request Procedures (PDF) handout.

22. How much is a re-inspection fee and when is the re-inspection fee applicable?

The Re-inspection fee is listed in the Building Fee Schedule (PDF), and may be charged when inspections are requested and one or more of the following apply:

• Permit cards and/or approved plans are not available at the job site at the time of inspection
• There is a failure to provide access to the work site including the lack of proper ladders
• Work for which the inspection was requested has not been completed
• Corrections to the work called for by the inspector have not been made
• Construction does not conform to the approved plans and requires the submission of revised plans