Work Exempt from Permit

General

 

All construction activity, from initial site grading to interior improvements, alterations and most repairs requires a building permit unless the work is specifically exempted by the California Building Code appendix Chapter 1 and Title 8 Chapter 2 of the San Juan Capistrano Municipal Code.

NOTE:  Although some work is exempt from a building permit, it may be subject to other county regulations and additional permits or review may be required. Before a building or structure is erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, it is important to contact the appropriate staff in Development Services to determine if any other permit or technical review is required.

Although a building permit is not required, the exempt construction/work must be code compliant and must conform to building code standards and Zoning standards. Failure to comply with code requirements may constitute a violation.

Work Exempt from Permit

 

The following is a list of building, electrical, gas, mechanical, and plumbing work that may be performed without a building permit. If your project does not appear on this list of exempt work, you should assume that a building permit is required.

2022 CALIFORNIA RESIDENTIAL CODE


BUILDING (CRC):

  1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses and structures such as portable shade cloth structures, provided the floor area does not exceed 120 square feet. Such structures must comply with the setback and height requirements of the City Zoning Ordinance and the Fire Code.
  2. Wood, vinyl, wrought iron, or similar fences not over 7 feet high measured from the bottom of the footing. Masonry or concrete fences not over 36 inches in height measured from the top of footing to top of wall.
  3. Sidewalks and driveways.
  4. Retaining walls that are not over 48 inches in height measured from the bottom of footing to top of wall unless supporting a building or slope surcharge, located at the top of a slope or impounding Class I, II or II-A liquids.
  5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
  6. Decks, platforms or similar structures not exceeding 200 square feet in area not more than 30 inches above adjacent grade at any point, not attached to a dwelling and do not serve the exit door required by Section R311.4.
  7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that does not involve electrical, mechanical or plumbing work.
  8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
  9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
  10. Swings and other playground equipment accessory to detached one- and two-family dwellings.
  11. 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 of Group R-3 and U occupancies.
  12. Radio and television antenna, flagpoles not over 12 feet in height measured from grade.
  13. The replacement in-kind of the cumulative total of no more than 32 square feet of the following: existing exterior plaster (stucco) or exterior siding, non-structural roof or floor sheathing, fascia boards or drywall, provided none of the materials are part of a fire-resistive assembly.
  14. Stair, steps or landings constructed on grade provided they are not higher than 30 inches above grade at any point, not connected to any structure, not greater than 200 square feet in cumulative area and not part of a means of egress from any structure.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

 

ELECTRICAL (CRC):

  1. Listed cord-and-plug connected temporary decorative lighting.
  2. Reinstallation of attachment plug receptacles but not the outlets therefor.
  3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
  4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
  5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

GAS (CRC):

  1. Portable heating, cooking or clothes drying appliances.
  2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

MECHANICAL (CRC):

  1. Portable heating appliances.
  2. Portable ventilation appliances.
  3. Portable cooling units.
  4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
  5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  6. Portable evaporative coolers.
  7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
  8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

PLUMBING (CRC):

  1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes 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 code.
  2. 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.

2022 CALIFORNIA BUILDING CODE

BUILDING (CBC):

 

  1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses and structures such as portable shade cloth structures, provided the floor area does not exceed 120 square feet. Such structures must comply with the setback and height requirements of the City Zoning Ordinance and the Fire Code.
  2. Wood, vinyl, wrought iron, or similar fences not over 7 feet high measured from the bottom of the footing. Masonry or concrete fences not over 36 inches in height measured from the top of footing to top of wall.
  3. Oil derricks.
  4. Retaining walls that are not over 48 inches in height measured from the bottom of footing to the top of wall unless supporting a building or slope surcharge, located at the top of a slope or impounding Class I, II or II-A liquids.
  5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
  6. Decks, platforms or similar structures, walkways, 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 unless that work also involves structural or non-structural wall, floor or ceiling modifications or electrical, mechanical or plumbing relocation, addition or modifications.
  8. Temporary motion picture, television and theater stage sets and scenery.
  9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 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 supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.
  13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
  14. Radio and television antennas and flagpoles not over 12 feet in height measured from grade.
  15. Non-illuminated wall mounted signs, provided they are less than 7 feet above the adjacent grade or walking surface (as measured from the lowest part of the sign) are no more than 32 square feet in viewable area and are no more than 75 lbs. in weight.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

 

ELECTRICAL (CBC):


  1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
  2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
  3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

 

GAS (CBC):


  1. Portable heating appliance.
  2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

 

MECHANICAL (CBC):


  1. Portable heating appliance.
  2. Portable ventilation equipment.
  3. Portable cooling unit.
  4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
  5. Replacement of any part that does not alter its approval or make it unsafe.
  6. Portable evaporative cooler.
  7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

 

PLUMBING (CBC):


  1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes 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 code.
  2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.