Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a county's or city's governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law.
This bill, the California Residential Private Permitting Review Act, would require a county's or city's building department to prepare a residential building permit fee schedule and post the schedule on the county's or city's internet website, if the county or city prescribes residential building permit fees.
Existing law requires a county's or city's building department to enforce the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Existing law requires a county or city, upon the applicant's request, to contract with or employ temporarily a private entity or person to check the plans and specifications submitted with an application for a residential building permit to comply with the State Housing Law or local ordinances adopted pursuant to the State Housing Law, when the building department takes more than 30 days, as specified, to complete the plan check.
This bill would additionally require the building department to provide the applicant with an estimated timeframe to complete the plan check, upon receiving a completed application. The bill would authorize an applicant to contract with or employ a private professional provider, as defined, to perform the plan check, if the estimated timeframe exceeds 30 days or the building department has not completed the plan check within 30 days of receiving the application. The bill would require the private professional provider to prepare a specified affidavit, under penalty of perjury, and the applicant to submit to the building department a specified report of the plan check. The bill would require the building department, within 14 days of receiving the report, to consider the report and, based on the report, either issue the residential building permit or notify the applicant that the plans and specifications do not comply, as specified. If the building department notifies the applicant that the plans and specifications do not comply, the bill would authorize the applicant to resubmit corrected plans and specifications to the building department or contract with or employ a private professional provider to check the corrected plans and specifications, as specified. The bill would apply these provisions only to specified new residential constructions of a building and residential additions to, or remodels of, an existing building.
By expanding the crime of perjury and imposing new duties on local agencies, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Statutes affected: AB 253: 17951 HSC
01/15/25 - Introduced: 17951 HSC