AB 2433

Bill Subjects

Abstract

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, 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. This bill would, if the local agency has not completed checking plans and specifications within 30 business days of receiving the 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 they performed the plan-checking services and that the plans and specifications comply with specified law, and to submit to the local agency a specified report of the plan-checking services within 5 business days of the completion of 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 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 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.