BILL NUMBER: SB 1815	CHAPTERED  07/14/04

	CHAPTER  144
	FILED WITH SECRETARY OF STATE  JULY 14, 2004
	APPROVED BY GOVERNOR  JULY 13, 2004
	PASSED THE ASSEMBLY  JULY 1, 2004
	PASSED THE SENATE  MAY 19, 2004
	AMENDED IN SENATE  APRIL 27, 2004
	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY   Senator Johnson

                        FEBRUARY 20, 2004

   An act to amend Section 17951 of the Health and Safety Code,
relating to building standards.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1815, Johnson.  Building permits.
   The State Housing Law authorizes cities and counties to prescribe
fees for permits required or authorized pursuant to the State Housing
Law.
   This bill would provide that a permittee is entitled to
reimbursement of permit fees if the local enforcement agency fails to
conduct an inspection of the permitted work within 60 days of
receiving notice that the work is completed.  The bill would require
the agency to notify the permittee of this requirement on the permit
or an accompanying document.  This requirement would create a
state-mandated local program by imposing new duties on local
agencies.
  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 a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17951 of the Health and Safety Code is amended
to read:
   17951.  (a) 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.
   (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. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.