BILL ANALYSIS
AB 2335
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2335 (Nakanishi)
As Amended June 17, 2008
Majority vote
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|ASSEMBLY: |76-0 |(May 1, 2008) |SENATE: |35-0 |(June 19, |
| | | | | |2008) |
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Original Committee Reference: L. GOV.
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.
The Senate amendments make technical, clarifying changes to the
authorization and acknowledgement portions of the forms,
declarations, and notice provisions.
EXISTING LAW REQUIRES:
1)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)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)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
AB 2335
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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.
AS PASSED BY THE ASSEMBLY , this bill combined 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.
FISCAL EFFECT : None
COMMENTS : According to the author and the sponsors of this
bill, the California Building Officials and the Contractor State
License Board, 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.
This bill 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.
Analysis Prepared by : J. Stacey Sullivan / L. GOV. / (916)
319-3958
FN: 0005469