BILL ANALYSIS �
AB 2192
Page 1
ASSEMBLY THIRD READING
AB 2192 (Melendez)
As Amended May 23, 2014
Majority vote
LOCAL GOVERNMENT 9-0
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|Ayes:|Achadjian, Levine, Alejo, | | |
| |Bradford, Gordon, | | |
| |Melendez, Mullin, Rendon, | | |
| |Waldron | | |
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SUMMARY : Establishes a pilot project in three unspecified local
agencies in which a building permit may be issued upon
submission of plans prepared by an architect and reviewed by
another unaffiliated architect, for specified project types.
Specifically, this bill :
1)Establishes a pilot project in three unspecified 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.
2)Specifies that this program shall only apply 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 structure appurtenant to buildings
described in this bill, not more than two stories and
basement in height; and,
d) Agricultural and ranch buildings, unless the building
official having jurisdiction deems that an undue risk to
the public health, safety, or welfare exists.
3)Defines "local agency" to mean a city, county, or city and
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county.
4)Sunsets the pilot project authorization on January 1, 2020.
EXISTING LAW :
1)Requires the building department of every city or county to
enforce within its jurisdiction all the provisions published
in the State Building Standards Code, the provisions of
existing law related to the regulation of buildings used for
human habitation, and the other rules and regulations
promulgated pursuant to the provisions of this part pertaining
to the erection, construction, reconstruction, movement,
enlargement, conversion, alteration, repair, removal,
demolition, or arrangement of apartment houses, hotels, or
dwellings.
2)Allows, pursuant to existing law that specifies the regulation
of buildings for human habitation, a 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.
3)Specifies that 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.
4)Allows entities or persons employed by a local agency to,
pursuant to an agreement with the local agency, perform all
functions necessary to check the plans and specifications to
comply with other requirements imposed pursuant to this
section of law or by local ordinances adopted pursuant to this
part, except those functions reserved by this part or local
ordinance to the legislative body.
5)Allows the local agency to charge the applicant fees in any
amount necessary to defray costs directly attributable to
employing or contracting with entities or persons performing
services pursuant to existing law which the applicant
requested.
6)Provides, when there is an excessive delay in checking plans
and specifications submitted as a part of an application for
residential building permit, the local agency shall, upon
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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 existing law.
7)Defines the following terms:
a) "Enforcement agency" to mean the building department or
building division of a local agency;
b) "Excessive delay" to mean the enforcement agency of a
local agency that has taken either of the following:
i) 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
shall commence after certification of the environmental
impact report (EIR), adoption of a negative declaration,
or a determination by the local agency that the project
is exempt, as specified; or,
ii) Including the days actually taken in i) above, more
than 45 days to complete the checking of the resubmitted
corrected plans and specifications suitable for checking
after the enforcement agency has returned the plans and
specifications to the applicant for correction.
c) "Local agency" means a city, county, or city and county;
and,
d) "Residential building" means a one-to-four family
detached structure not exceeding three stories in height.
FISCAL EFFECT : None
COMMENTS :
1)Purpose of this bill. This bill establishes a pilot project
in three unspecified local agencies in which the governing
body of that 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. The
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bill specifies that the program shall only apply to specified
project types, including single-family dwellings not more than
two stories and basement in height; multiple dwellings
containing no more than four dwelling units of not more than
two stories and basement in height; garages or other structure
appurtenant to buildings described in this bill, not more than
two stories and basement in height; and agricultural and ranch
buildings, unless the building official having jurisdiction
deems that an undue risk to the public health, safety, or
welfare exists.
The pilot project provisions in the bill sunset on January 1,
2020. The bill is sponsored by the American Institute of
Architects, California Council.
2)Author's statement. According to the author, "Having plans
reviewed by an entity other than the building department is
not a new situation. Local building departments have the
authority to contract with design firms to review plans when
there is a backlog of plans. Additionally, the CSU
[California State University] and UC [University of
California] systems use design professionals for plan review.
Also, the cities of New York, Chicago, and Phoenix have
programs that allow architects to self-certify their plans.
"This is an approach that is used outside of California, and
within California, with success. AB 2192 does not propose any
change to construction inspection. This inspection would be
performed by the local building department to ensure that the
project is constructed according to the architect's plans (in
compliance with all applicable laws and regulations)."
3)Regulation of Architects in California. The profession of
licensed architects in California is regulated by the
California Architects Board, the Architects Practice Act in
the Business and Professions Code, and adopted regulations
contained in the California Code of Regulations. In general,
the practice of architecture is defined as "offering or
performing, or being in responsible control of, professional
services which require the skills of an architect in the
planning of sites, and the design, in whole or in part, of
buildings, or groups of buildings and structures." These
professional services can include any or all of the following:
investigation, evaluation, consultation, and advice;
planning, schematic and preliminary studies, designs, working
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drawings, and specifications; coordination of the work of
technical and special consultants; compliance with generally
applicable codes and regulations, and assistance in the
governmental review process; technical assistance in the
preparation of bid documents and agreements between clients
and contractors; contract administration; and, construction
observation.
The Architects Practice Act provides certain exemptions. For
instance, the Architects Practice Act specifies, in the
Chapter entitled "Application of Chapter" that the Chapter
does not prohibit any person from preparing plans, drawings,
or specification for any of the following:
a) Single-family dwellings of woodframe construction not
more than two stories and basement in height;
b) Multiple dwellings containing no more than four dwelling
units of woodframe construction not more than two stories
and basement in height;
c) Garages or other structures appurtenant to buildings as
described of woodframe construction not more than two
stories and basement in height; or,
d) Agricultural and ranch buildings of woodframe
construction, unless the building official having
jurisdiction deems that an undue risk to the public health,
safety, or welfare is involved.
In general, this means that for the types of dwellings listed
above, that any applicant can submit plans to a local agency,
and there is no requirement that the plans, drawings, or
specifications must be drawn up by a licensed architect.
4)Existing law related to plan-checking. Current law allows 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.
Current law also specifies that 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. Further, entities or persons employed
by a local agency may, pursuant to an agreement with the local
agency, perform all functions necessary to check the plans and
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specifications to comply with other requirements imposed
pursuant to existing law or by ordinances adopted pursuant to
existing law, except those functions reserved by existing law
or local ordinance to the legislative body.
Existing law also provides that 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 must, upon request of the applicant, contract with or
employ a private entity or persons on a temporary basis to
perform the plan-checking function, as specified.
5)Policy considerations. The Legislature may wish to consider
the following:
a) Unspecified local agencies. The bill does not specify
which three local agencies will implement the pilot
project.
b) Who determines which agencies will implement the pilot
project? There is no process specified in the bill for who
determines which three agencies will implement the pilot
project. In general, for bills authorizing pilot projects,
either the pilot agencies are identified in the
legislation, or there is a process contained in the bill
that describes how the pilot agencies will be chosen.
c) No evaluation of pilot project success. The Legislature
may wish to consider adding a reporting requirement for the
three unspecified pilot project agencies as to how the
program is working. Absent a reporting requirement, there
is no way of evaluating whether the sunset date of January
1, 2020, should be extended, or whether the pilot project
should be made statewide and therefore available to all
local agencies.
d) Self certification vs. peer review. The sponsors point
to several other states that have similar plan-checking
statutes. These states, however, do not have an
established "peer review" plan-checking function, and
instead, allow specified professions to "self certify" that
the plans meet all applicable building standards and codes.
For instance, the self-certification program in the City
of Chicago "streamlines the permit review process for
eligible projects by allowing qualified architects and
structural engineers to self-certify that plans filed with
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the department do not contain any false information and are
in compliance with the requirements of the Chicago Building
Code."
The City of Chicago program requires the architect or
engineer to provide proof of professional liability
insurance in a specified amount and also requires the
architect or engineer to successfully complete a
self-certification training class offered by or under the
direction of the department.
e) Is a peer review appropriate? The Legislature may wish
to consider the practice of allowing those of the same
profession to "police" each other, as this bill would
establish in the peer review process for those pilot
agencies.
f) No definition of "unaffiliated architect." The bill
does not contain a definition of what an "unaffiliated"
architect means.
6)Arguments in support. The Construction Employers' Association
believes that allowing for the implementation of a temporary
expedited plan-check program for local governments is a
positive means to eliminate existing back logs.
7)Arguments in opposition. Opponents argue that the bill would
give architects a perceived advantage of other design
professionals.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0003545