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Building

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1. What are the current adopted codes being enforced by the Town?

The Current Codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12 as listed below:

• Part 1 California Administrative Code
• Part 2 California Building Code, Volumes 1 & 2, including Appendices I, and J.  (Local amendments)
• Part 2.5 California Residential Code including Appendices AH, AK, AO, AQ, AX, and AZ. (Local amendments)
• Part 3 California Electrical Code.
• Part 4 California Mechanical Code.
• Part 5 California Plumbing Code including Appendices A, B, D, G, I, K, and L only. (Local amendments)
• Part 6 California Energy Code.    
• Part 8 California Historical Building Code including Appendix A.
• Part 9 California Fire Code. (Local amendments)
• Part 10 California Existing Building Code including 2018 International Existing Building Code Chapter 14, and Appendices A2, A3, A4, and A5.
• Part 11 California Green Buildings Standards Code Chapters 1-8 only. (Local amendments)
• Part 12 California Referenced Standard Code.
• 2022 International Property Maintenance Code.

Los Gatos Town Code

2. When are building permits required?

A Building Permit is mandatory when any erection, installation, extension, repair, or material alteration of a building takes place. For work exempt from permits, click here.

3. I would like to make a change to my approved Building plans, what is required?

If changes or modifications are desired to the approved design the Building Division must approve the modifications prior to alteration. Your design professional will need to submit revised plans to the Building Division for approval.

4. Do I need an Architect?

Unlicensed Persons* are limited to the design of:

• Single-family dwellings of wood frame construction not more than two stories and/or including basement in height.

• Multiple dwellings containing no more than four dwelling units of wood frame construction not more than two stories and basement in height. Not more than four dwelling units per lot.

• Garages or other structures appurtenant to dwellings, of wood frame construction not more than two stories and basement in height.

• Agricultural and ranch buildings of wood frame construction.*
• Nonstructural store fronts, interior alterations or additions, fixtures, cabinetwork, furniture, or other appliances or equipment including nonstructural work necessary to provide for their installation.

• Nonstructural alterations or additions to any building necessary to or attendant upon the installation of such storefronts, interior alterations or additions, fixtures, cabinetwork, furniture, appliances, or equipment.

• May not design any component that affects the safety of any building or its occupants, including but not limited to structural or seismic components.

* Unless the building official having jurisdiction deems that an undue risk to the public health, safety or welfare is involved
Structural Engineers * have no Limitations; may design any building of any type.

Applicable Statutes - 6731, 6736, 5537.1 of B & P Code

Civil Engineers * may design any building except hospitals or schools.

Applicable Statutes - 15013 of H & S Code 5537.5, 6731, 6735 of B & P Code

Architects * may design any type building except the structural portion of a hospital.

Applicable Statutes - 15048 of H & S Code, 5500.1, 6737 of B & P Code

5. What do I need to know before I hire a contractor?

The Contractors State License Board, CSLB, has information regarding what you need to know before you hire a contractor:

Contractors State License Board.

6. How can I check to see if my contractor has a license?

Go the Contractors State License Board web site and you can search for your contractor:

Contractors State License Board.

7. When does a person need a contractors license?

In California, anyone who contracts to perform work that is valued at $500 or more for materials and labor must hold a current, valid license from the Contractors State License Board in the specialty for which he or she is contracting.

Contractors State License Board

8. Where can I run my residential condensate drain? Can I discharge it to a landscape area?

In the Town of Los Gatos single family homes are allowed to run the condensate drain to a landscape area. The landscape area should be larger than six square feet. If in a hillside area, a minimum 12"diameter x 12" depth dry well is required.

9. Do I need a permit to replace my windows?

Yes.

10. Do I need a re-roofing permit?

Yes, all structures repairing or replacing 100 square feet or more of roofing material will need to obtain a permit.

11. Do I need a permit to build a deck?

If no part of the deck is higher than 30" above adjacent grade, a building permit is not required. However, zoning setbacks may be required. Call the Planning Division for zoning regulations. (408) 354-6874.

12. Do I need a permit to replace my fence?

Wood fences 6 feet or less in height do not require a building permit. A property line wall constructed of concrete masonry units (CMU), precast panels or stucco covered would require a permit. See Town of Los Gatos Code section 29.10.020. Los Gatos Town Code

13. Fences, Hedges and Walls

Generally: Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle (as defined by Section 29.40.0310) unless an exception is granted by the Town Engineer and Community Development Director.  Trees, hedges, and vegetation within a corner sight triangle shall meet the requirements of Section 26.10.065.

Outside of the Hillside Area: On residential zoned properties not located in the Hillside Area, fences, walls, gates, and hedges not exceeding six feet with one foot of lattice on top (seven feet high total) are allowed on or within all property lines.

In the Hillside Area:  On residential zoned properties located in the Hillside Area:

• Fences walls, gates, or hedges may not exceed six feet.
• Fences located within 20 feet of a property line adjacent to a street shall be open view fencing as defined in Section 29.40.0310.  
• On properties one (1) acre or greater, perimeter fencing shall be a wildlife-friendly fence as defined in Section 29.40.0310.
• Chainlink, welded wire, wire mesh, or similar material shall be coated with green, brown, or black vinyl or finish and shall be supported by a wood frame.
• Buck and rail, double, and solid fences are prohibited.

For full details, including definitions, exceptions, and exemptions, please review Sections 29.40.030 through 29.40.0330. Additional guidance is provided in the Site Elements chapter of the Hillside Development Standards and Guidelines.

Los Gatos Town Code

14. Do I need a permit for my storage shed?

A one story detached accessory structure to be used for a tool or storage shed, playhouse or similar use with a floor area of 120 square feet or less and a maximum height of 15 feet does not required a building permit. Please contact the Planning Division for zoning regulations. Electrical or plumbing work within detached accessory structures will require permits.

15. When and where do I need to install an ARC Fault Breaker?

ARC fault protection is required for all 15 and 20 amp receptacles in all sleeping rooms for new construction. If an entirely new bedroom is added to existing home, ARC fault protected will be required. Expansion of an existing bedroom would not require ARC fault protection.

16. Do I need to bond my gas line when I replace my electrical service and where?

Yes, typically you can use a #4 bare copper wire to jump from water line to gas at the water heater.

17. Do I need to install a backwater valve? What is a backwater valve?

Damage and inconvenience due to a sewage backup can be prevented or significantly reduced with the installation of a backwater valve. If a structure has a plumbing fixture below the public sewer system, a backwater valve can help stop sewage from backing into your business or home when the public system has a blockage. A properly installed backwater valve works on a one-way system; sewage can flow out, but not back in, therefore preventing damage to your property.

Not all homes or commercial buildings need a backflow valve. New structures, new installation or alterations of plumbing fixtures require the installation of a backwater valve if the lowest finished floor elevation is less than one foot above the uphill manhole cover of the public sewer system. Existing homes or commercial buildings located in older parts of Los Gatos may have been constructed or had plumbing repairs completed before the requirement of a backwater valve and may need backflow protection. Los Gatos Town Code section 22.20.055(b) provides the Town of Los Gatos is not liable for damage resulting from sewer overflow where the property owner or other person has failed to install and maintain a backflow valve.
The Town suggests that while you are working on your plumbing system you have your plumber or West Valley Sanitation District investigate your property to see if a backwater valve is necessary to protect your property. Although the cost can vary, the one-time cost may save your personal property and help eliminate potential unnecessary hardships. Backwater Valve Handout

18. When do I need energy calculations?

New residential and habitable additions to existing residences and new commercial and commercial tenant improvements require energy calculations. The residential and commercial manuals are available on the California Energy Commission's web site: California Energy Commission.

19. Does someone need to be present for my inspection?

Yes. The contractor or other adult with knowledge of the project must be onsite during inspection.

20. How do I schedule a Building Inspection?

Please refer to the following Inspection Request Information web page here.