1. When is the Permit required?
A: Building permits are required for new Construction, Remodeling and Tenant
Improvements 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 or replacement of mechanical
equipment, such as furnaces, air conditioning units, hoods, boilers and others.
Plumbing permits are required for installation or replacement of plumbing
fixtures such as sewer, water and gas lines, water heaters, sinks, water closets
and others.
Electrical permits are required for 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.
2. When do I not need a Building Permit?
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 projected floor area does not exceed
120 square feet and provided such structures are not located within required
yard setback areas.
2. Wood fences not over 6 feet high or masonry fences not over 4 feet high.
3. Movable cases, counters, storage shelves and partitions not over 5 feet 9
inches high.
4. Retaining walls, which are not over 4 feet in height, measured from grade to
the top of the wall, unless supporting a surcharge or impound flammable liquids.
5. Water tanks supported directly upon grade if the capacity does not exceed
5000 gallons and the ratio of height to diameter or width does not exceed two to
one.
6. Platforms, walks and driveways, not more than 30 inches above grade and not
over any basement or story below.
7. Painting, papering and similar finish work.
8. Temporary motion picture, television and theatre stage sets and scenery.
9. Window awnings supported by an exterior wall of Group R, Division 3, and
Group U Occupancies when projecting not more than 54 inches.
10. Prefabricated swimming pools which do not exceed 24 inches in height
accessory to a Group R, Division 3 Occupancy in which the pool walls are
entirely above the adjacent grade and if the capacity does not exceed 5000
gallons provided that barriers around such swimming pools per Chapter II-9 of
this code must nevertheless be installed.
Unless otherwise exempted by this Title, separate plumbing, electrical and
mechanical permits are required for the above exempted work. (Ord. 65.125
(part), 9/17/02)
(Milpitas Municipal Code, II-1-17.03 Building Permits.)
3. When do I not need an Electrical Permit?
A: An Electrical Permit shall not be required for the following:
1. Portable motors or other portable appliances energized by means of a cord or
cable having an attachment plug end to be connected to an approved receptacle
when the Electrical Code permits that cord or cable.
2. Repair or replacement of motors, transformers and controls within fixed
approved appliances of the same type and rating in the same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, contactor or
control device.
5. Reinstallation of attachment plug receptacles, but not the outlets therefore.
6. Replacement of any overcurrent device less than 1200 amps of the same
capacity in the same location.
7. Repair or replacement of electrodes or transformers of the same size and
capacity for signs or gas tube systems.
8. Taping joints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable experimental
laboratories.
11. The wiring for temporary theatre, motion picture or television stage sets.
12. Electrical wiring, devices, appliances, apparatus or equipment operating at
less than 25 volts and not capable of supplying more than 50 watts of energy.
13. Low-energy power, control and signal circuits of Classes II and III as
defined in the Electrical Code.
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 by a public or private utility in the exercise
of its function as a serving utility. (Ord. 65.125 (part), 9/17/02))
(Milpitas Municipal Code, II-1-17.05 Electrical Permits.)
4. When do I not need a Mechanical Permit?
A: A Mechanical Permit shall not be required for the following excepting that a
permit is required for vertical and structural support and anchoring of
permanent equipment and overhead pipes:
1. Any portable heating appliance.
2. Any portable ventilating equipment.
3. Any portable cooling unit.
4. Any portable evaporative cooler.
5. Any closed system of steam, hot or chilled water piping within any 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. Any refrigerating equipment, which is part of the equipment for which a
permit has been issued pursuant to the requirements of the technical codes.
8. Any unit refrigerating system as defined in the Mechanical Code. (Ord. 65.125
(part), 9/17/02)
(Milpitas Municipal Code, II-1-17.06 Mechanical Permits)
5. When do I not need a Plumbing Permit
A: A plumbing permit shall not be required for the following:
1. The stopping of leaks in drains, soil, waste or vent pipes, 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, the same shall be considered as new work and a permit shall be
procured and inspection made as provided in this Title.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, nor for the removal and reinstallation of water closets, provided such
repairs do not involve or require the replacement or rearrangement of valves,
pipes or fixtures. (Ord. 65.125 (part), 9/17/02)
(Milpitas Municipal Code, II-1-17.04 Plumbing Permits.)
6. Do I need a permit for replacing the Water Heater in a Residential Building?
7. Do I need a permit for adding or replacement of Air Condition (AC Units) in a Residential Building?
A: Yes,
You need to get a Mechanical Permit for AC unit replacement. For new AC unit
installation, you will need to get Electrical Permit as well. These Permits can
be obtained
over the counter, by Fax or Online. You can download and fill out
the Mechanical and Electrical Permit Application.
However, if you are installing both new Furnace AND new AC unit you will need to
submit a complete set of drawings and Title-24 Energy calculations. You may
download and fill out Building,
Mechanical, Plumbing and
Electrical Permit
Application.
8. Do I need a permit for replacing the Furnace in a Residential Building?
A: Yes,
You need to get a Mechanical Permit for a furnace replacement. The furnace
should be the same size and at the same location as existing furnace. Such
permit can be obtained
over the counter, by Fax or Online. You can also download
and fill out the Mechanical
Permit Application form in our website.
However, if you are installing a new Furnace (which means that your residence
doesn’t have a furnace currently installed) you will need to submit a complete
set of drawings and Title-24 Energy calculations. You may to download and fill
out Mechanical
, Plumbing
and Electrical
Permit Application from our website.
9. Do I need a permit for Kitchen Remodel?
A: Yes,
You need to get a Combination Permit for Residential Kitchen Remodel.
Combination Permit will allow construction work for the kitchen including
Electrical, Plumbing and Mechanical. This Permits can be obtained
over the
counter or Online. You may download and fill out
Building Permit application and
review the Guideline for Kitchen remodel.
10. Do I need a permit for Bathrooms Remodel?
A: Yes,
You need to get a Combination Permit for Residential Bathroom Remodel.
Combination permit will allow any construction work for the Bathroom including
Electrical, Plumbing and Mechanical. This Permits can be obtained
over the
counter or Online. You may download and fill out Building Permit application and
review the Guideline for Bathroom remodel. Permit for bathroom remodel, which
does not involve any plumbing fixture relocation, may be obtained without
submittal of drawings.
11. Can I convert the Garage in my house into a Habitable space like a Bedroom
or a Family Room?
A: Yes,
Note that prior to Building permit approval by Building and Safety Department
you will need to get approvals from Planning and Engineering Land Development
Departments. Once you’ve obtained approval from all Departments for the Garage
Conversion then you can obtain a Residential Garage Conversion Combination
Permit. Combination Permit will allow you to perform any construction work for
the Garage conversion including Electrical, Plumbing and Mechanical work. This
Permit (Including Planning and Engineering Land Development Approvals) can be
obtained over the counter.
You may download and fill out Building Permit
application form and find the Guideline for Garage Conversion for submittal
requirements at our web site.
12. What type of information do I need to submit for residential remodels and
additions?
A: Your future Residential Addition and Remodel project may be reviewed
over the counter
or may be reviewed as standard plan check submittal. You may download
and fill out Building Permit Application
and also review the Submittal
Requirements for residential addition and remodel projects. There are
Sample
Drawings available on our website to help you understand the minimum level of
detailing you need to provide on your drawings as part of your submittal
package.
13. How can I get Plans and Records of my Residence?
A: To request a duplicate of the official copy of the plans for a past project
you may fill out a Records Research Request Form
and a staff member will locate
and process your request normally within 3 business days or sooner. Copies of
blueprints are normally copyrighted and may not be copied. You may request
authorization/release letter from the registered professional/architect of the
record. Contact Permit Center at (408) 586-3245 for further instructions.
14. Do I need to submit Title24 Energy Calculation for my residential
addition?
A: Yes,
Title 24 is the State of California law requiring providing minimum energy
efficiency in new construction. More information is available at:
www.energy.ca.gov/title24
15. What are the design wind load and wind exposure that must be used for
structures constructed in the City of Milpitas?
A: On the Valley Floor, basic wind speed is 85 mph (3 second Gust). On the Hillside Area, basic
wind speed is 95 mph (3 second Gust) and exposure C.
16. What are the applicable codes used by City of Milpitas, Building & Safety?
A: Applicable Codes:
California Building Code (CBC) 2007
California Electrical Code (CEC) 2007
California Mechanical Code (CMC) 2007
California Plumbing Code (CPC) 2007
California Energy Code 2007
California Fire Code (CFC) 2007
Milpitas Municipal Code (MMC) 2008
17. How can I get an Estimate for a Building Permit Fees?
A: You need to provide us with the information listed as below.
1- Project Address
2- Name of the Project
3- Applicant and contact person information including Name, Phone Number and
Postal or Email address
4- Project description, including the square footage and brief explanation of
the scope of work
5- Construction Valuation
6- Occupancy Classification (indicating the use of the building)
7- Type of construction (indicating wood, steel or concrete)
Building & Safety Permit Center will respond to your request within 24 hours. If
you have any question, please contact us at (408) 586-3240.
18. Which Permits can be obtain over the counter?
A: Most residential additions and remodels up to 600 square feet, commercial
spaces up to 4,000 square feet and retail spaces up 1,500 square feet may
qualify for
over the counter review.
19. Can I setup an appointment for reviewing my plans?
A: Yes,
You can call (408) 586-3240 and request Plan Check by an Appointment. Prior to
calling for an appointment, please, make sure that your project meets
Plan Check
by Appointment requirements. Please review the Plan Check by Appointment
guidelines.
20. Can I request "overtime"(after hours) plan check?
A: Yes,
Building & Safety is offering such service for an additional fee upon
availability of the staff. Please study the
After Hour Plan Check (Over Time)
Guideline.
21. Can I do a work before obtaining building permit, if plans are already
submitted for review?
A: No.
Any work can commence only after obtaining of the Building Permit.
22. What will happen after I submit my plans for review?
A: After you submit your permit application package, your drawings will be
routed to City Departments for review and approval. Please refer to
Building
Permit Process guidelines.
23. How long does it take to review my plans?
A: The Plan Check Turn Around time is based on the scope of work indicated and
type of the use such as Commercial or Residential submittal. Please refer to
Plan Check Turn Around Time Guideline for more information.
24. Which fees do I have to pay at submittal time and also after my plans are
approved?
A: 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 permit application approval.
3- Miscellaneous fees including 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”.
25. Who can obtain a Building Permit after the plans are approved?
A: Property owner may obtain permits for any work performed. Licensed
Contractors may obtain permits for the specific work allowed by their license.
26. Can you recommend a good contractor?
A: No,
Building & Safety staff will not recommend building contractors due to the
conflict of interest. We suggest you refer to local telephone directory or
contact family, friends and people you trust for referrals. Many good
contractors rely on word of mouth for referrals. Check contractor's credentials
with the California State Contractor's License Board
http://www.cslb.ca.gov/consumers
and check other references.
27. Which Permits can be obtain online, (E-Permits)?
A: Water heater and furnace replacement, bathroom and kitchen remodels, re-roofs and others are available, Online.
28. How Can I schedule an inspection?
A: As your construction project progresses, inspections by the City of Milpitas
Building and Safety inspectors are required. It is the responsibility of the
person performing the work authorized by the building permit to contact the
Building and Safety Division 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 Inspection Request Procedure Guideline for more information
29. Can I schedule an inspection online?
A: Yes,
Please click on the link below to go to online inspection scheduling.
http://www.ci.milpitas.ca.gov/etrakit
First you need to locate your permit by using Permit Search browser and then
click on inspection request tab. If you have any question, please call (408)
586-3240.
30. What is IVR system?
31. How Can I Cancel or Reschedule an inspection?
A: If the work is not be ready for inspection or if you need to cancel an
inspection for any other reason, call the Inspection Request Line (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
Inspection Request Procedure.
If you have used IVR system to schedule an inspection, you can cancel or
reschedule your inspection using IVR system as well.
32. How much is reinspection fee and when is the reinspection fee applicable?
A: Reinspection fee is $92.25 and may be charged when inspections are requested
and:
• 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 submission of
revised plans
33. What are the Building & Safety Contacts and Hours?
A: We are located at 455 E Calaveras Blvd, Milpitas, CA 95035.
Contact telephone number is (408) 586-3240.
We are open Monday through Friday from 8:00 am to 5:00
34. What are the major changes from the 2001 CBC to 2007 CBC for residential building (R-3 occupancies)?
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