Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2192

Introduced by Assembly Member Melendez

February 20, 2014

An act to begin delete amend Section 17960.1 of end delete begin insert add and repeal Section 17960.3 to end insert the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2192, as amended, Melendez. Housing: building begin delete plans end delete begin insert permits. end insert

Under existing law, the building department of every city or county is required to enforce the provisions of the State Building Standards Code, the State Housing Law, and the other rules and regulations promulgated pursuant to that law pertaining to, among other things, the erection, construction, reconstruction, or repair of apartment houses, hotels, or dwellings. Existing law permits the governing body of a local agency to authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function. Existing law, when there is excessive delay in checking plans and specifications submitted as part of an application for a residential building permit, requires the local agency, upon the applicant’s request, to contract with or employ a private entity or persons temporarily to perform the plan-checking function, as specified.

This bill would begin insert establish a 5-year pilot project in 3 unspecified local agencies that would end insert permit begin insert the governing body of end insert a local agency to begin insert authorize a building department to end insert create and implement a program whereby a building permit may be issued upon submission of plans prepared by an architect and reviewed by another unaffiliated architect, for specified types of projects.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 17960.3 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 17960.3. end insert   

(a) A pilot project is established in three local
agencies in which the governing body of a local agency may
authorize a building department to create and implement a
program whereby a building permit may be issued upon submission
of plans prepared by an architect and reviewed by another
unaffiliated architect.

(b) This section shall apply only to the following project types:

(1) Single-family dwellings not more than two stories and
basement in height.

(2) Multiple dwellings containing no more than four dwelling
units of not more than two stories and basement in height.

(3) Garages or other structures appurtenant to buildings
described in this paragraph, not more than two stories and
basement in height.

(4) Agricultural and ranch buildings, unless the building official
having jurisdiction deems that an undue risk to the public health,
safety, or welfare exists.

(c) For the purposes of this section, “local agency” means a
city, county, or city and county.

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin delete

SECTION 1.  

Section 17960.1 of the Health and Safety Code
is amended to read:

17960.1.  

(a) The governing body of a local agency may
authorize its enforcement agency to contract with or employ a
private entity or persons on a temporary basis to perform the
plan-checking function.

(b) A local agency need not enter into a contract or employ
persons if it determines that no entities or persons are available or
qualified to perform the plan-checking services.

(c) Entities or persons employed by a local agency may, pursuant
to agreement with the local agency, perform all functions necessary
to check the plans and specifications to comply with other
requirements imposed pursuant to this part or by local ordinances
adopted pursuant to this part, except those functions reserved by
this part or local ordinance to the legislative body. A local agency
may charge the applicant fees in an amount necessary to defray
costs directly attributable to employing or contracting with entities
or persons performing services pursuant to this section which the
applicant requested.

(d) When there is an excessive delay in checking plans and
specifications submitted as a part of an application for a residential
building permit, the local agency shall, upon request of the
applicant, contract with or employ a private entity or persons on
a temporary basis to perform the plan-checking function subject
to subdivisions (b) and (c).

(e) (1) The governing body of a local agency may create and
implement a program whereby a building permit may be issued
upon submission of plans prepared by an architect and reviewed
by another unaffiliated architect.

(2) This subdivision shall apply only to the following project
types:

(A) Single-family dwellings not more than two stories and
basement in height.

(B) Multiple dwellings containing no more than four dwelling
units of not more than two stories and basement in height.

(C) Garages or other structures appurtenant to buildings
described in this paragraph, not more than two stories and basement
in height.

(D) Agricultural and ranch buildings, unless the building official
having jurisdiction deems that an undue risk to the public health,
safety, or welfare exists.

(E) Nonstructural or nonseismic storefronts, interior alterations,
or additions.

(f) For purposes of this section:

(1) “Enforcement agency” means the building department or
building division of a local agency.

(2) “Excessive delay” means the enforcement agency of a local
agency has taken either of the following:

(A) 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 which are suitable for
checking. For a discretionary building permit, the time period
specified in this paragraph shall commence after certification of
the environmental impact report, adoption of a negative declaration,
or a determination by the local agency that the project is exempt
from Division 13 (commencing with Section 21000) of the Public
Resources Code.

(B) Including the days actually taken in (A), more than 45 days
to complete the checking of the resubmitted corrected plans and
specifications suitable for checking after the enforcement agency
had returned the plans and specifications to the applicant for
correction.

(3) “Local agency” means a city, county, or city and county.

(4) “Residential building” means a one-to-four family detached
structure not exceeding three stories in height.

end delete