BILL ANALYSIS
AB 2335
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Date of Hearing: April 23, 2008
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 2335 (Nakanishi) - As Amended: April 14, 2008
SUBJECT : Building permits.
SUMMARY : Combines three separate statutory provisions
concerning forms, declarations, and notice to the property owner
relating to the issuance of building permits into 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 by
requiring them to explicitly acknowledge that they understand or
verify specified information.
EXISTING LAW :
1)Requires each jurisdiction to require of every applicant for a
building permit, to provide declarations attesting to building
project identification, licensed contractor's or
owner-builder's status, workers compensation coverage, the
name of participating construction lending agency, and
expressed permission for jurisdiction officials to enter upon
the property for the purpose of inspection.
2)Requires, under a separate statute, each jurisdiction to
follow-up every owner-builder application with an
informational notice to the owner of the property, informing
the property owner that an owner-builder permit has been filed
in his/her name, and that there are rules and risks that
accrue to the property owner associated with this action.
3)Requires, under a separate statute, each jurisdiction to
attach to the above notice to the property owner an additional
form verifying to the jurisdiction that the owner of the
property is aware of, and agrees to an owner-builder permit
being issued in his/her name; and further declares the method
and scope of property owner participation in the proposed
construction which the property owner is required to fill out,
sign, and return before each owner-builder permit can legally
be issued.
FISCAL EFFECT : None
AB 2335
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COMMENTS :
1)According to the author and sponsors of AB 2335, the three
separate provisions of the Health & Safety Code pertaining to
declarations, forms, and notices required before a building
permit can be issued are both unnecessarily duplicative and
confusing to the applicant property owner, and issuing
jurisdiction alike. These statutes are meant to provide a
legal safety-net for both parties to the process, but, due to
the confusion created by overlapping requirements in three
different parts of the code, the end result is often more
legal trouble rather than less, due to too-hasty review and
signing, omission of needed actions, or excessive paperwork
going astray.
2)AB 2335 simplifies and streamlines the building permit process
by combining the three separate provisions of the Health and
Safety Code into one provision incorporating the essential
elements into one model application form.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Building Officials [CO-SPONSOR]
Contractor State License Board [CO-SPONSOR]
CA Spa and Pool Industry Education Council
Opposition
None on file
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958