Bill Text: CA AB2433 | 2023-2024 | Regular Session | Amended
Bill Title: California Private Permitting Review and Inspection Act: fees: building permits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-06-03 - In committee: Hearing postponed by committee. [AB2433 Detail]
Download: California-2023-AB2433-Amended.html
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Amended
IN
Assembly
May 20, 2024 |
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Amended
IN
Assembly
April 15, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2433
| Introduced by Assembly Members Quirk-Silva and Ward |
February 13, 2024 |
An act to amend Section 17951 of, and to add Section 17960.3 to, the Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2433, as amended, Quirk-Silva.
California Private Permitting Review and Inspection Act: fees: building permits.
Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes the governing body of a county or city to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law, and fees to defray the cost of enforcement required by the law to be carried out by local enforcement agencies.
This bill, the California Private Permitting Review and Inspection Act, would require a building department of the county or city to prepare a schedule of the above-described fees and post the schedule on the county or city’s internet website if the city or county prescribes the fees.
Existing law, the California Building Standards Law, establishes the California Building
Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Code, which is also referred to as the State Building Standards Code. Existing law requires the building department of every city or county to enforce the provisions of the State Housing Law, the California Building Standards Code, and the other specified rules and regulations promulgated pursuant to the State Housing Law. Existing law requires the local agency, upon the applicant’s request, to contract with or employ temporarily a private entity or person to check the plans and specifications submitted as part of an application for a residential building permit, when there is excessive delay in checking the
plans and specifications. Existing law defines “excessive delay” as a local agency taking more than 30 days after submittal of a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications, as specified. Existing law authorizes the local agency to inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the law.
This bill would authorize an applicant to contract or employ at the applicant’s own expense a private professional provider, as defined, to check plans and specifications submitted as part of an application for a building permit would, if the local agency
has not completed checking plans and specifications within 30 business days of receiving the application. The bill would also authorize an applicant to contract with or employ at the applicant’s own expense a private professional provider to complete an inspection as part of an application for a building permit if the local agency has not completed the inspection within 5
business days of receiving a request for an inspection. The bill would require a completed application for a building permit, require a local agency, upon the applicant’s request, to perform plan-checking services and assess the plans and specifications to ensure that the plans and specifications comply with the State Housing Law and the State Building Standards Code, as provided. The bill would require a local agency to directly perform or contract with or employ a private professional provider to perform those plan-checking services and take prescribed actions, including issuing or denying the building permit within a specified timeframe, as prescribed. If a private professional provider performs these plan-checking services, the bill would require the private professional provider to prepare an affidavit, under penalty of perjury, that the private professional provider
they performed the plan-checking services or inspection and that the plans and specification or building complies with the State Housing Law and the California Building Standards Code, as specified, if the plans and specifications or building complies with the State Housing Law and the California Building Standards Code. The bill would require the applicant specifications comply with specified law, and to submit to the local agency a specified report of the plans and specifications check or inspection, which includes the affidavit,
plan-checking services within 5 business days of the completion of the check or inspection. those services. The bill would require the local agency, within 30 business days of receiving the report, to consider the report and issue or deny a building permit if the plans and specifications, building, and the private professional provider complies or fails specifications comply or fail to comply with the State Housing Law or the California Building Standards Code, as specified. The bill would authorize a local agency
to charge the applicant reasonably necessary fees to defray the costs directly attributable to performing plan-checking services pursuant to these provisions. The bill would authorize an applicant to appeal a denial of a building permit to a local appeals board. The bill would provide that the bill’s provisions do not apply to health facilities, public buildings, or highrise structures. specified facilities, including health facilities and public buildings.
By expanding the crime of perjury and imposing new duties on local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Private Permitting Review and Inspection Act.SEC. 2.
(a) The Legislature finds and declares both of the following:(1) Local building plan-checking services are subject to extensive swings in workload, which can result in significant delays in processing building permits and the related construction. This problem will only grow as the state and local jurisdictions move to aggressively implement decarbonization policies, including, but not limited to, installation of electric heat pump technology, renewable energy, and energy storage.
(2) Prolonged delays in building plan-checking services at the local level can negatively impact the local and state economies.
(b) Therefore, it is the intent of the Legislature to establish a set of options for local jurisdictions to augment, not replace, existing building plan-checking services and prevent excessive delays in this critical administrative process.
SEC. 2.SEC. 3.
Section 17951 of the Health and Safety Code is amended to read:17951.
(a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a county or city, including a charter city, prescribes fees pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees and post the schedule on its internet website.
(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe
fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.
(c) The amount of the fees prescribed pursuant to subdivisions (a) and (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.
(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 days of receiving notice of the completion of the permitted work,
the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.
(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.
(2) The building department of any city or county may approve an alternate material, appliance, installation,
device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.
(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for
alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owner’s agent by an approved testing agency selected by the owner or the owner’s agent.
SEC. 3.SEC. 4.
Section 17960.3 is added to the Health and Safety Code, to read:17960.3.
(a)(2)If within five business days of receiving from the applicant a request for an inspection as part of the application for a building permit the local agency has not completed the inspection, the applicant may contract with or employ at the applicant’s own expense a private professional provider to complete the inspection to comply with this part and the State Building Code.
(b) A local agency shall perform plan-checking services pursuant to subdivision (a) by either of the following:
(1) The local agency may complete the plan-checking services and do either of the following within 30 business days of the request of the applicant:
(A) Issue the building permit if the
plans and specifications comply with this part and the State Building Standards Code.
(B) Deny the building permit and notify the applicant in writing that the plans and specifications do not comply with this part or the State Building Standards Code if the plans and specifications do not comply with this part and the State Building Standards Code. The notice shall specify the requirements for the plans and specifications to comply with this part and the State Building Standards Code.
(b)A
(2) The local agency may contract with or employ a private professional provider shall
to perform plan-checking services or inspection pursuant to subdivision (a) to determine compliance with this part and the State Building Code. If services.
(A) If
the plans and specifications or the building complies comply with this part and the State Building Standards Code, the private professional provider shall prepare an affidavit under penalty of perjury on a form prescribed by the local agency stating all of the following:
(1)
(i) The private professional provider
performed the plan-checking services or inspection
pursuant to subdivision (a). this paragraph.
(2)
(ii) The plans and specification or building complies specifications comply with this part and the State Building Standards
Code.
(c)(1)The applicant
(B) The private professional provider shall submit to the local agency a report of the plan-checking services or inspection pursuant to subdivision (a) this paragraph
within five business days of the completion of the plan-checking services or inspection. services. The report shall include both of the following:
(A)
(i) The affidavit described in subdivision (b). subparagraph (A).
(B)
(ii) Information required by the local agency.
(2)
(C) Within 30 business days of receiving the report pursuant to paragraph (1), subparagraph (B), the local agency shall consider the report and based on the report shall do either of the following:
(A)
(i) Issue the building permit if the plans and specifications or building and private professional provider complies
comply with this part or and the State Building Standards Code.
(B)(i)
(ii) Deny the building permit and notify the applicant in writing
that the plans and specifications, building, or private professional provider does specifications do not comply with this part or the State Building Standards Code if the plans and specifications, building, or private professional provider does specifications do not comply with this part or the State Building Code. The notice shall specify the requirements for the plans and specifications, building, or private professional provider
specifications to comply with this part and the State Building Standards Code.
(c) A local agency may charge the applicant reasonable fees in an amount reasonably necessary to defray costs directly attributable to performing plan-checking services pursuant to subdivision (b).
(ii)
(d) The applicant may appeal a denial of a building
permit pursuant to clause (i)
subparagraph (B) of paragraph (1) of subdivision (b) or clause (ii) of subparagraph (C) of paragraph (2) of subdivision (b) to the local appeals board.
(d)
(e) This section shall not apply to any of the following buildings:
(1) Health facilities.
(2) Public buildings.
(3) Highrise structures. Buildings
of any type of construction or occupancy that have floors used for human occupancy located more than 40 feet above the lowest floor having building access.
(e)
(f) For the purposes of this section, the following terms apply: section:
(1) “Applicant” means a person who submits an application.
(2) “Application” means an application for a building permit.
(1)
(3) “Health facility” has the same meaning as defined in Section 1250.
(2)“Highrise structure” means a building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access.
(3)
(4) “Private professional provider” means a professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) or an architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code). Code) who has completed the continuing education requirements pursuant to Section 18949.29 and does not have a financial interest in the building permit or preparing the plans and specifications.
