BILL NUMBER: AB 2335 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nakanishi
FEBRUARY 21, 2008
An act to repeal Sections 19830, 19831, and 19832 of, and to
repeal and add Section 19825 of, the Health and Safety Code, relating
to building permits.
LEGISLATIVE COUNSEL'S DIGEST
AB 2335, as introduced, Nakanishi. Building permits.
Existing law, in separate provisions, requires every city or
county that necessitates the issuance of a permit as a condition
precedent to the construction, alteration, improvement, demolition,
or repair of any building or structure, at a minimum, to have the
owner of the building or structure complete specific forms and
declarations that identify the property and any agents or contractors
performing the work, if applicable, and declaring the project
complies with various laws. Existing law also requires the city or
county to provide notice to the owner of the property of the legal
implications of construction on the property.
This bill would repeal those separate provisions and create a
single provision that combines and modifies the existing forms,
declarations, and notice to the property owner and expands the
acknowledgments property owners are required to make.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19825 of the Health and Safety Code is
repealed.
19825. Every city or county that requires the issuance of a
permit as a condition precedent to the construction, alteration,
improvement, demolition, or repair of any building or structure
shall, in addition to any other requirements, require the following
declarations in substantially the following form upon the issuance of
any building permit:
BUILDING PROJECT IDENTIFICATION
Applicant's Mailing Address ______________________
______________________
Address of Building ______________________
______________________
Owner's Name if Known ______________________
Telephone No. ______________________
Contractor's Name ______________________
Contractor's Mailing ______________________
Address
______________________
Lic. No. _____________
Architect or Engineer ______________________
Architect's or Engineer's ______________________
Address ______________________
Lic. No. _____________
In addition the city or county may require that
there be included,
in the building project identification portion of
a building permit,
the following:
Assessor's Parcel Number* ______________________
Permit Date ______________________
Permit Number ______________________
Description of Work ______________________
Building Permit Valuation ______________________
*To be entered by issuing
agency.
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I
am licensed under
provisions of Chapter 9 (commencing with Section
7000) of
Division 3 of the Business and Professions Code,
and my license is
in full force and effect.
License Class _____________ Lic. No. _____________
Date ______________________ Contractor ___________
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I
am exempt from
the Contractors' State License Law for the
following reason (Sec.
7031.5,
Business and Professions Code: Any city or county
that requires a
permit to construct, alter, improve, demolish, or
repair any structure, prior to its issuance, also
requires the applicant for the permit
to file a signed statement that he or she is
licensed pursuant to the
provisions of the Contractors' State License Law
(Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions
Code) or that he or she is exempt therefrom and
the basis for the
alleged exemption. Any violation of Section
7031.5 by any applicant
for a permit subjects the applicant to a civil
penalty of not more
than five hundred dollars ($500).):
( ) I, as owner of the property, or my
employees with wages as
their sole compensation, will do the work, and
the structure is not
intended or offered for sale (Sec. 7044, Business
and Professions
Code: The Contractors' State License Law does not
apply to an owner
of property who builds or improves thereon, and
who does the work
himself or herself or through his or her own
employees, provided
that the improvements are not intended or offered
for sale. If, however, the building or
improvement is sold within one year of
completion, the owner-builder will have the
burden of proving that
he or she did not build or improve for the
purpose of sale.).
( ) I, as owner of the property, am exclusively
contracting with
licensed contractors to construct the project
(Sec. 7044, Business
and Professions Code: The Contractors' State
License Law does not apply
to an owner of property who builds or improves
thereon, and who
contracts for the projects with a contractor(s)
licensed pursuant to
the Contractors' State License Law.).
( ) I am exempt under Sec. ____, B.& P.C. for
this reason
______________________________________________
_
Date ______________________ Owner ________________
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of
the following
declarations:
I have and will maintain a certificate of
consent to self-insure for workers'
compensation, as provided for by Section
_____ 3700
of the Labor Code, for the performance of
the work for which this permit is issued.
I have and will maintain workers'
compensation insurance,
as required by Section 3700 of the Labor
Code, for the
_____ performance of the work for which this
permit is issued.
My workers' compensation insurance carrier
and policy
number are:
Carrier ________________________________
Policy Number _____________________________
I certify that, in the performance of the
work for which this
permit is issued, I shall not employ any
person in any
manner so as to become subject to the
workers'
_____ compensation laws of California, and agree
that, if I should
become subject to the workers' compensation
provisions
of Section 3700 of the Labor Code, I shall
forthwith comply
with those provisions.
Date: ________________ Applicant: _________________
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN
EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP
TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES
AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE,
INTEREST, AND ATTORNEY'S FEES.
CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that
there is a construction lending agency for the
performance of the work for which this permit is
issued (Sec. 3097, Civ. C.).
Lender's Name ____________________________________
Lender's Address __________________________________
I certify that I have read this application and
state that the above information is correct. I
agree to comply with all city and county
ordinances and state laws relating to building
construction, and hereby authorize representatives
of this county to enter upon the
above-mentioned property for inspection purposes.
____________________________ _______________
Signature of Applicant or Agent Date
SEC. 2. Section 19825 is added to the Health and Safety Code, to
read:
19825. (a) Every city, county, or city and county, whether
general law or chartered, that requires the issuance of a permit as a
condition precedent to the construction, alteration, improvement,
demolition, or repair of any building or structure, shall, in
addition to any other requirements, require the execution of an
application, in substantially the same form set forth under this
subdivision, commencing with the following Applicant Declaration:
APPLICANT
DECLARATION
BUILDING PROJECT IDENTIFICATION
Applicant's Mailing Address _____________________
_____________________
Address of Building or
Structure _____________________
Subject
to the Permit
_____________________
Owner's Name _____________________
Owner's Telephone No. _____________________
Design Professional in _____________________
Responsible Charge
Mailing Address of Design _____________________
Professional
_____________________
License No.__________
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I
am licensed under provisions of Chapter 9
(commencing with Section 7000) of Division 3
of the Business and Professions Code, and my
license is in full force and effect.
License Class _______________ License No. _________
Date ________________________ Contractor Signature
_____________________
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I
am exempt from the Contractors' State License Law
for the reason indicated below (Section 7031.5,
Business and Professions Code: Any city or county
that requires a permit to construct, alter,
improve, demolish, or repair any structure, prior
to its issuance, also requires the applicant for
the permit to file a signed statement that he or
she is licensed pursuant to the provisions of the
Contractors' State License Law (Chapter 9
(commencing with Section 7000) of Division 3 of
the Business and Professions Code) or that he or
she is exempt from licensure and the basis for the
alleged exemption. Any violation of Section 7031.5
by any applicant for a permit subjects the
applicant to a civil penalty of not more than five
hundred dollars ($500).):
(_) I, as owner of the property, or my employees
with wages as their sole compensation, will do the
work, and the structure is not intended or offered
for sale (Section 7044, Business and Professions
Code: The Contractors' State License Law does not
apply to an owner of property who, through
employees' or personal effort, builds or improves
the property, provided that the improvements are
not intended or offered for sale. If, however, the
building or improvement is sold within one year of
completion, the Owner-Builder will have the burden
of proving that it was not built or improved for
the purpose of sale.).
I will personally:
Provide the labor and materials for the
____ following portions of the construction as an
Owner-Worker:
__________________________________________________
__________________________________________________
__________________________________________________
Act as an Owner-Employer by paying the
____ _____________________________
(Number of Individuals Hired)
unlicensed individual(s) listed below to provide
the direction, coordination, supervision, labor
or materials for the following portions of the
construction:
1. Name of Individual: _____ Phone Number: _______
Portion of work hired to perform:_________________
2. Name of Individual: _____ Phone Number: _______
Portion of work hired to perform: ________________
3. Name of Individual: _____ Phone Number: _______
Portion of work hired to perform: ________________
4. Name of Individual: _____ Phone Number: _______
Portion of work hired to perform: ________________
(If there are not enough spaces above you may
provide the required information on the back side
of this form.)
(_) I, as owner of the property, am exclusively
contracting with licensed Contractors to
construct the project (Section 7044, Business and
Professions Code: The Contractors' State License
Law does not apply to an owner of property who
builds or improves thereon, and who contracts for
the projects with a licensed Contractor pursuant
to the Contractors' State License Law.).
I will
personally:
Act as an Owner-Contractor by
contracting with California
______________ licensed Contractors to provide
the labor or materials for the
following portions of the
construction:
Contractor Name License # Portion of work
contracted
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
(_) I am exempt from licensure under the
Contractors' State License Law for the following
reason:
__________________________________________________
Date _____________________
Owner-Builder Signature __________________________
WORKERS' COMPENSATION DECLARATION
WARNING: FAILURE TO SECURE WORKERS'
COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL
SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND
CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS
($100,000), IN ADDITION TO THE COST OF
COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION
3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S
FEES.
I hereby affirm under penalty of perjury one of
the following declarations:
____ I have and will maintain a certificate of
consent to self-insure for workers' compensation,
issued by the Director of Industrial Relations as
provided for by Section 3700 of the Labor Code,
for the performance of the work for which this
permit is issued.
Policy No. ____________________
____ I have and will maintain workers'
compensation insurance, as required by
Section 3700 of the Labor Code, for the
performance of the work for which this permit is
issued. My workers' compensation insurance
carrier and policy number are:
Carrier _______________________ Policy Number ____
Name of Agent _________________ Phone # __________
____ I certify that, in the performance of the
work for which this permit is issued, I shall not
employ any person in any manner so as to become
subject to the workers' compensation laws of
California, and agree that, if I should
become subject to the workers' compensation
provisions of Section 3700 of the Labor Code, I
shall forthwith comply with those provisions.
____________
Signature of ______
__________ Date
Applicant
DECLARATION REGARDING CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that
there is a construction lending agency for the
performance of the work for which this permit is
issued (Section 3097, Civil Code).
Lender's Name __________________________________
Lender's Address _______________________________
AUTHORIZATION OF AGENT TO SIGN AS OWNER-BUILDER
I hereby authorize _________________________to
act as my agent and on my behalf to obtain a
building permit for my project. I authorize this
agent to fill out and sign the Applicant
Declaration and sign where my signature is
required on the building permit.
Name of Authorized
Agent: ___________________________________________
Address of Authorized
Agent: ___________________________________________
Phone Number of Authorized
Agent: ___________________________________________
I have read all the Owner-Builder information and
personally filled out the above information and
certify its accuracy.
Property Owner's
Signature: _________________________ Date: _______
NOTE: A copy of the owner's state-issued
identification card, such as a driver's license,
is required at the time of permit issuance to
verify signature.
I certify that I have read this application and
state that the above information is correct. I
agree to comply with all city or county
ordinances and state laws relating to building
construction, and hereby authorize
representatives of this city or county to enter
upon the above-mentioned property for inspection
purposes.
Signature __________________________ Date: _______
(b) In addition the city or county may require that there be
included, in the building project identification portion of a
building permit, the following:
Assessor's Parcel
Number ________________________________________
Permit Date ___________________ Permit Number _____
Description of Work ___________________________
Building Permit Valuation _____________________
(c) When the applicant who executes the Applicant Declaration
required under subdivision (a) is an Owner-Builder, a Notice to
Property Owner shall be executed by the property owner, in
substantially the same form set forth under this subdivision. The
Notice to Property Owner shall appear on the official letterhead of
the issuer and shall be provided to the applicant by one of the
following methods chosen by the permitting authority: regular mail,
electronic format, or given directly to the applicant at the time the
application for the permit is made. The notice shall be signed and
returned prior to issuance of the permit.
NOTICE TO PROPERTY OWNER
Dear Property Owner:
An application for a building permit has
been submitted in your name listing yourself as
the builder of the property improvements specified
at _______________.
We are providing you with an Owner-Builder
Information and Verification Form to make you
aware of your responsibilities and possible risk
you may incur by having this permit issued in your
name as the Owner-Builder.
We will not issue a building permit until you
have read, initialed your understanding of each
provision, signed, and returned this form to us at
our official address
indicated.
OWNER'S ACKNOWLEDGMENT/VERIFICATION OF INFORMATION
DIRECTIONS: Read and initial each statement below
to signify you understand or verify this
information.
____1. I understand a frequent practice of
unlicensed persons is to have the property owner
obtain an ""Owner-Builder'' building permit which
erroneously implies that the property owner is
providing his or her own labor and material
personally. I may be held liable and subject to
serious financial risk for any injuries sustained
by an unlicensed person and his or her employees
while working on my property. My homeowner's
insurance may not provide coverage for such
injuries. I will check with my insurance agent.
____2. I understand building permits are not
required to be signed by property owners unless
they are responsible for the construction and are
not hiring a licensed Contractor to assume this
responsibility.
____3. I understand as an ""Owner-Builder'' I am
the responsible party of record on the permit. I
understand if someone else will actually be
responsible for performing the construction, I may
protect myself from potential financial risk by
hiring a licensed Contractor and having the permit
filed in his or her name instead of my own.
____4. I understand Contractors are required by
law to be licensed and bonded in California and to
list their license numbers on permits and
contracts.
____5. I understand if I employ or otherwise
engage any persons, other than California licensed
Contractors, and the total value of my
construction is at least five hundred dollars
($500), including labor and materials, I may be
considered an ""employer'' under state and federal
law.
____6. I understand if I am considered an
""employer'' under state and federal law, I must
register with the state and federal government,
withhold payroll taxes, provide workers'
compensation disability insurance and contribute
to unemployment compensation for each
""employee.'' I also understand my failure to
abide by these laws may subject me to serious
financial risk.
____7. I understand under California Contractors'
State License Law, an Owner-Builder who builds
single-family residential structures cannot
legally build them with the intent to offer them
for sale, unless all work is performed by licensed
subcontractors and the number of structures does
not exceed four within any calendar year, or
all of the work is performed under contract with a
licensed general building Contractor.
____8. I understand as an Owner-Builder if I sell
the property for which this permit is issued, I
may be held liable for any financial or personal
injuries sustained by any subsequent owner(s) that
result from any latent construction defects in the
workmanship or materials.
____9. I understand I may obtain more information
regarding my obligations as an ""employer'' from
the Internal Revenue Service, the United States
Small Business Administration, the California
Department of Benefit Payments, and the California
Division of Industrial Accidents. I also
understand I may contact the California
Contractors' State License Board (CSLB) at 1-800-
321-CSLB (2752) or www.cslb.ca.gov for more
information about licensed contractors.
____10. I am aware of and consent to an Owner-
Builder building permit applied for in my name as
the party legally responsible for proposed
construction activity, including legal and
financial liability, at the following address:
___________________________________________________
____11. I agree that, as the party legally
responsible for this proposed construction
activity, including legal and financial liability,
I will abide by all applicable laws and
requirements governing Owner-Contractors or Owner-
Employers.
____ 12. I agree to notify the issuer of
this form immediately of any additions, deletions,
or changes to any of the information I have
provided on this form.
Licensed contractors are regulated by laws
designed to protect the public. If you contract
with someone who does not have a license, the
Contractors' State License Board may be unable to
assist you with any financial loss you may sustain
as a result of a complaint. Your only remedy
against unlicensed Contractors may be in civil
court. It is also important for you to understand
that if an unlicensed Contractor or employee of
that individual or firm is injured while working
on your property, you may be held liable for
damages. If you obtain a permit as Owner-Builder
and wish to hire Contractors, you will be
responsible for verifying whether or not those
Contractors are properly licensed and the status
of their workers' compensation insurance coverage.
Before a building permit can be issued, this form
must be completed and signed by the property owner
and returned to the agency responsible for
issuing the permit.
Signature of property owner ______ Date: __________
SEC. 3. Section 19830 of the Health and Safety Code is repealed.
19830. Every city or county, whether general law or chartered,
which requires the issuance of a permit as a condition precedent to
the construction, alteration, improvement, demolition, or repair of
any building or structure, shall, in addition to any other
requirements, prepare and give notice to the owner of the building or
structure whenever an application for a building permit is submitted
in the owner's name as builder of the improvements. The notice shall
be given by mail; or the notice may be given to the applicant at the
time the application for the permit is made, provided that the
applicant presents identification sufficient to identify himself or
herself as the owner. The notice shall be in substantially the
following form:
"OWNER-BUILDER INFORMATION
"Dear Property Owner:
"An application for a building permit has been submitted in your
name listing yourself as the builder of the property improvements
specified.
"For your protection you should be aware that as 'owner-builder'
you are the responsible party of record on the permit. Building
permits are not required to be signed by property owners unless they
are personally performing their own work. If your work is being
performed by someone other than yourself, you may protect yourself
from possible liability if that person applies for the proper permit
in his or her name.
"Contractors are required by law to be licensed and bonded by the
State of California and to have a business license from the city or
county. They are also required by law to put their license number on
all permits for which they apply.
"If you plan to do your own work, with the exception of various
trades that you plan to subcontract, you should be aware of the
following information for your benefit and protection:
"If you employ or otherwise engage any persons other than your
immediate family, and the work (including materials and other costs)
is $500 or more for the entire project, and the persons are not
licensed as contractors or subcontractors, then you may be an
employer.
"If you are an employer, you must register with the state and
federal government as an employer and you are subject to several
obligations including state and federal income tax withholding,
federal social security taxes, workers' compensation insurance,
disability insurance costs, and unemployment compensation
contributions.
"There may be financial risks for you if you do not carry out
these obligations, and these risks are especially serious with
respect to workers' compensation insurance.
"For more specific information about your obligations under
federal law, contact the Internal Revenue Service (and, if you wish,
the U.S. Small Business Administration). For more specific
information about your obligations under state law, contact the
Department of Benefit Payments and the Division of Industrial
Accidents.
"If the structure is intended for sale, property owners who are
not licensed contractors are allowed to perform their work personally
or through their own employees, without a licensed contractor or
subcontractor, only under limited conditions.
"A frequent practice of unlicensed persons professing to be
contractors is to secure an 'owner-builder' building permit,
erroneously implying that the property owner is providing his or her
own labor and material personally. Building permits are not required
to be signed by property owners unless they are performing their own
work personally.
"Information about licensed contractors may be obtained by
contacting the Contractors' State License Board's automated telephone
information system at 1-800-321-CSLB (2752) or by accessing their
Web site at
www.CSLB.ca.gov.
"Please complete and return the enclosed owner-builder
verification form so that we can confirm that you are aware of these
matters. The building permit will not be issued until the
verification is returned.
Very truly yours,
"(Name of permitting agency)".
SEC. 4. Section 19831 of the Health and Safety Code is repealed.
19831. A city or county, which is required to give notice
pursuant to Section 19830, shall attach to such notice, and, as a
condition precedent to issuing a building permit, require the
completion and require the return of, an owner-builder verification
in substantially the following form:
"OWNER-BUILDER VERIFICATION
"Attention Property Owner:
"An "owner-builder' building permit has been applied for in your
name and bearing your signature.
"Please complete and return this information in the envelope
provided at your earliest opportunity to avoid unnecessary delay in
processing and issuing your building permit. No building permit will
be issued until this verification is received.
1. I personally plan to provide the major labor and materials for
construction of the proposed property improvement (yes or no) ____.
2. I (have/havenot) ____ signed an application for a building
permit for the proposed work.
3. I have contracted with the following person (firm) to provide
the proposed construction:
Name ________
Address ________ City ______
Phone ____ Contractors License No. ____
4. I plan to provide portions of the work, but I have hired the
following person to coordinate, supervise, and provide the major
work:
Name ________
Address ________ City ______
Phone ____ Contractors License No. ____
5. I will provide some of the work but I have contracted (hired)
the following persons to provide the work indicated:
Type of
Name Address Phone Work
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
Signed:
Property owner ________
Date: ________".
SEC. 5. Section 19832 of the Health and Safety Code is repealed.
19832. A city or county, whether general law or chartered, shall
transmit the notice required pursuant to Section 19830 and the
owner-builder verification required pursuant to Section 19831 by mail
to the property owner applying for the owner-builder building permit
or may provide the notice or the verification in person to the
person applying for the building permit only if that applicant
presents identification sufficient to identify himself or herself as
the property owner. The return of the owner-builder verification
shall be a condition precedent to issuance of the building permit.
However, no city or county or its employees shall be responsible
for determining the truth or accuracy of the declarations in the
owner-builder verification, and no monetary liability on the part of,
and no cause of action for damages against them, shall arise from
their failure to verify the truth or accuracy of the declarations.