§129.0104 Construction Permit Authorities
(a) The powers and duties of the Building Official are as follows:
(1) To administer and enforce the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code.
(2) To review applications for Building Permits, Electrical Permits, Plumbing Permits, Demolition/Removal Permits, Fire Permits and Mechanical Permits including plans, specifications, and other data.
(3) To determine if proposed work is in compliance with the San Diego Fire Code, the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations, and other applicable provisions of the Municipal Code and to make the decision to approve and issue the appropriate construction permit.
(4) To inspect construction activity not located in public rights-of-way to determine if the construction activity is in compliance with the issued construction permit, the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations, and all other applicable provisions of the San Diego Municipal Code.
(5) To make interpretations of, and develop policies and procedures for, the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code. The interpretations, rules, and regulations shall be in conformance with the intent and purposes of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code.
(6) To grant modifications for individual cases when there are practical difficulties involved in carrying out the provisions of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code, when the Building Official finds the following:
(A) That a special individual reason makes the strict application of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code impractical;
(B) That the modification is in conformance with the purpose and intent of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code; and
(C) That the modification does not lessen any fire protection requirements or any degree of structural integrity.
The details of any action granting modification shall be in writing and entered in the project file.
(7) To request an interpretation of any provisions of Chapter 12, Article 9 or of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code, or the suitability of any alternate material, design, or construction method from the Board of Building Appeals and Advisors.
(8) To keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of the Land Development Code.
(9) To require the recordation of documents with the County Recorder as necessary to effectively enforce the requirements of the Land Development Code.
(10) To request and receive the assistance and cooperation of other City officials in carrying out these duties.
(11) To require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the State of California.
(12) To classify the occupancy of a building, or a portion of a building, based on the occupancies and uses in Chapter 3 of the California Building Code.
(13) To determine the type, frequency, and number of inspections necessary to inspect construction for compliance with the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code.
(14) To review applications for Grading Permits for, and to inspect grading on, private lots that do not include public rights of way, as well as associated plans, specifications, and other data to determine if an application is in compliance with the grading regulations in the California Building Code, other adopted City standards, and engineering standards of practice.
(15) To accept reports from approved inspection agencies.
(16) To review plans and specifications for water and sewer utilities and installations, and to inspect the utilities and installations, when located in private streets for compliance with the issued construction permit, the San Diego Fire Code, the San Diego Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations, and all other applicable provisions of the San Diego Municipal Code.
(b) The powers and duties of the City Engineer with respect to construction permits are as follows:
(1) To administer and enforce the applicable provision of the Land Development Code and Municipal Code Chapter 6, Article 2 (Public Rights-of-Way and Improvements).
(2) To review applications for Grading Permits and Public Right-of-Way Permits including plans, specifications, and other data to determine if an application is in compliance with the Municipal Code, adopted City standards, and engineering standards of practice.
(3) To inspect construction activity including public improvements, grading, encroachments, and traffic control in the public rights-of-way to determine if the construction activity is in compliance with the issued permit, the Municipal Code, and adopted City standards.
(4) To make interpretations of the applicable provisions of the Land Development Code. The interpretations shall be in conformance with the purpose and intent of the Land Development Code.
(5) To grant modifications for individual cases when there are practical difficulties involved in carrying out the applicable provisions of the Municipal Code. The City Engineer shall first find that a special individual reason makes the strict application of the Land Development Code impractical, that the modification is in conformance with the purpose and intent of the Municipal Code, and that the modification does not lessen any fire protection requirements or any degree of public safety. The details of any action granting modification shall be recorded and entered in the project files.
(6) To adopt policies and regulations reasonably necessary to clarify the application of the applicable provisions of the Land Development Code. The policies and regulations shall be in conformity with the purposes and intent of the Land Development Code.
(7) To request an interpretation of any provisions of this article or the suitability of alternate materials and types of construction from the Board of Engineering Appeals and Advisors.
(8) To require the recordation of documents with the County Recorder as necessary to effectively enforce the applicable provisions of the Land Development Code.
(9) To request and receive the assistance and cooperation of other City officials in carrying out these duties.
(10) To inspect any property within the City of San Diego to determine compliance with the applicable provisions of the Land Development Code.
(11) To require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the State of California, even if not so required by state law.
(c) The powers and duties of the Development Services Director or a designee with respect to construction permits are as follows:
(1) To administer and enforce the applicable provisions of the Land Development Code and Municipal Code;
(2) To review applications for construction permits including plans, specifications, and other data to determine if an application is in compliance with the Municipal Code and adopted City zoning standards;
(3) To interpret the applicable provisions of the Land Development Code in conformance with the purpose and intent of the Land Development Code;
(4) To adopt policies reasonably necessary to clarify the application of development regulations in conformity with the purpose and intent of the Land Development Code; and
(5) To grant minor modifications for a single dwelling unit development when there are practical difficulties involved in carrying out the applicable development regulations of the Land Development Code, and the requested minor modification is the minimum modification necessary to address the practical difficulty. The details of any action granting a minor modification shall be documented in writing in the project file. To grant a minor modification, the Development Services Director must determine:
(A) That strict application of the Land Development Code is impractical;
(B) That the minor modification is in conformance with the purpose and intent of the Municipal Code and adopted land use plans;
(C) That the minor modification does not lessen any fire protection or public safety requirements; and
(D) That the minor modification does not involve a substantial improvement.
(Amended 9-24-2002 by O-19102 N.S.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)
(Amended 4-9-2020 by O-21181 N.S.; effective 5-9-2020.)
