Bill Text: CA AB2192 | 2013-2014 | Regular Session | Amended
Bill Title: Housing: building permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-23 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2192 Detail]
Download: California-2013-AB2192-Amended.html
BILL NUMBER: AB 2192 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Melendez
FEBRUARY 20, 2014
An act to amend Section 17960.1 of add and
repeal Section 17960.3 to the Health and Safety Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2192, as amended, Melendez. Housing: building plans
permits.
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 establish a 5-year pilot project in 3
unspecified local agencies that would permit the governing
body of a local agency to 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, 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:
SECTION 1. Section 17960.3 is added to the
Health and Safety Code , to read:
17960.3. (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.
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.
