Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1308Introduced by Assembly Member HooverFebruary 21, 2025An act to amend Section 65001 of the Government Code, relating to land use. An act to amend Section 17951 of, and to add Section 17970.3 to, the Health and Safety Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1308, as amended, Hoover. Planning and Zoning Law. Residential building permits: fees: inspections.Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a countys or citys governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. Existing law entitles a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work for which the permit fees have been charged within 60 days of receiving notice of completion of the permitted work. This bill would require a countys or citys building department to prepare a residential building permit fee schedule and post the schedule on the countys or citys internet website, if the county or city prescribes residential building permit fees. The bill would instead entitle a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work within 30 days of receiving the notice. Existing law requires a countys or citys 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 applicants 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. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law.This bill would require the building department to provide an applicant of a residential building permit with an estimated timeframe in which the inspection of the permitted work will be completed, upon receiving a notice of the completion of the permitted work. The bill would authorize an applicant to contract with or employ a private professional provider, as defined, to inspect the permitted work, if the estimated timeframe exceeds 30 days or the building department has not conducted the inspection within 30 days of receiving the notice. 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 inspection. 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 a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant that the permitted work does not comply, as specified. If the building department notifies the applicant that the permitted work does not comply, the bill would authorize the applicant to resubmit a notice of completion of permitted work to the building department or contract with or employ a private professional provider to conduct the inspection, 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 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.The Planning and Zoning Law enacts various laws relating to land use, including statewide land use planning, transportation planning, local planning, zoning regulations, and housing development, among other things. Existing law contains definitions and general provisions applicable to that law. Under existing law, those definitions and general provisions govern the construction of that law unless the context requires otherwise.This bill would make nonsubstantive changes to that latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17951 of the Health and Safety Code is amended to read:17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.SEC. 2. Section 17970.3 is added to the Health and Safety Code, to read:17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 65001 of the Government Code is amended to read:65001.The definitions and general provisions contained in this chapter govern the construction of this title unless the context requires otherwise.
Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1308Introduced by Assembly Member HooverFebruary 21, 2025An act to amend Section 65001 of the Government Code, relating to land use. An act to amend Section 17951 of, and to add Section 17970.3 to, the Health and Safety Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1308, as amended, Hoover. Planning and Zoning Law. Residential building permits: fees: inspections.Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a countys or citys governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. Existing law entitles a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work for which the permit fees have been charged within 60 days of receiving notice of completion of the permitted work. This bill would require a countys or citys building department to prepare a residential building permit fee schedule and post the schedule on the countys or citys internet website, if the county or city prescribes residential building permit fees. The bill would instead entitle a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work within 30 days of receiving the notice. Existing law requires a countys or citys 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 applicants 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. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law.This bill would require the building department to provide an applicant of a residential building permit with an estimated timeframe in which the inspection of the permitted work will be completed, upon receiving a notice of the completion of the permitted work. The bill would authorize an applicant to contract with or employ a private professional provider, as defined, to inspect the permitted work, if the estimated timeframe exceeds 30 days or the building department has not conducted the inspection within 30 days of receiving the notice. 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 inspection. 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 a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant that the permitted work does not comply, as specified. If the building department notifies the applicant that the permitted work does not comply, the bill would authorize the applicant to resubmit a notice of completion of permitted work to the building department or contract with or employ a private professional provider to conduct the inspection, 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 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.The Planning and Zoning Law enacts various laws relating to land use, including statewide land use planning, transportation planning, local planning, zoning regulations, and housing development, among other things. Existing law contains definitions and general provisions applicable to that law. Under existing law, those definitions and general provisions govern the construction of that law unless the context requires otherwise.This bill would make nonsubstantive changes to that latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 24, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1308
Introduced by Assembly Member HooverFebruary 21, 2025
Introduced by Assembly Member Hoover
February 21, 2025
An act to amend Section 65001 of the Government Code, relating to land use. An act to amend Section 17951 of, and to add Section 17970.3 to, the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1308, as amended, Hoover. Planning and Zoning Law. Residential building permits: fees: inspections.
Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a countys or citys governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. Existing law entitles a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work for which the permit fees have been charged within 60 days of receiving notice of completion of the permitted work. This bill would require a countys or citys building department to prepare a residential building permit fee schedule and post the schedule on the countys or citys internet website, if the county or city prescribes residential building permit fees. The bill would instead entitle a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work within 30 days of receiving the notice. Existing law requires a countys or citys 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 applicants 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. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law.This bill would require the building department to provide an applicant of a residential building permit with an estimated timeframe in which the inspection of the permitted work will be completed, upon receiving a notice of the completion of the permitted work. The bill would authorize an applicant to contract with or employ a private professional provider, as defined, to inspect the permitted work, if the estimated timeframe exceeds 30 days or the building department has not conducted the inspection within 30 days of receiving the notice. 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 inspection. 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 a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant that the permitted work does not comply, as specified. If the building department notifies the applicant that the permitted work does not comply, the bill would authorize the applicant to resubmit a notice of completion of permitted work to the building department or contract with or employ a private professional provider to conduct the inspection, 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 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.The Planning and Zoning Law enacts various laws relating to land use, including statewide land use planning, transportation planning, local planning, zoning regulations, and housing development, among other things. Existing law contains definitions and general provisions applicable to that law. Under existing law, those definitions and general provisions govern the construction of that law unless the context requires otherwise.This bill would make nonsubstantive changes to that latter provision.
Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a countys or citys governing body to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law. Existing law entitles a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work for which the permit fees have been charged within 60 days of receiving notice of completion of the permitted work.
This bill would require a countys or citys building department to prepare a residential building permit fee schedule and post the schedule on the countys or citys internet website, if the county or city prescribes residential building permit fees. The bill would instead entitle a permittee to reimbursement of the permit fees if the county or city fails to conduct an inspection of the permitted work within 30 days of receiving the notice.
Existing law requires a countys or citys 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 applicants 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. Existing law authorizes an enforcement agency to inspect any building to secure compliance with the State Housing Law and the California Building Standards Code, and other rules and regulations promulgated pursuant to the State Housing Law.
This bill would require the building department to provide an applicant of a residential building permit with an estimated timeframe in which the inspection of the permitted work will be completed, upon receiving a notice of the completion of the permitted work. The bill would authorize an applicant to contract with or employ a private professional provider, as defined, to inspect the permitted work, if the estimated timeframe exceeds 30 days or the building department has not conducted the inspection within 30 days of receiving the notice. 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 inspection. 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 a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant that the permitted work does not comply, as specified. If the building department notifies the applicant that the permitted work does not comply, the bill would authorize the applicant to resubmit a notice of completion of permitted work to the building department or contract with or employ a private professional provider to conduct the inspection, 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 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.
The Planning and Zoning Law enacts various laws relating to land use, including statewide land use planning, transportation planning, local planning, zoning regulations, and housing development, among other things. Existing law contains definitions and general provisions applicable to that law. Under existing law, those definitions and general provisions govern the construction of that law unless the context requires otherwise.
This bill would make nonsubstantive changes to that latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17951 of the Health and Safety Code is amended to read:17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.SEC. 2. Section 17970.3 is added to the Health and Safety Code, to read:17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 65001 of the Government Code is amended to read:65001.The definitions and general provisions contained in this chapter govern the construction of this title unless the context requires otherwise.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17951 of the Health and Safety Code is amended to read:17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.
SECTION 1. Section 17951 of the Health and Safety Code is amended to read:
### SECTION 1.
17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.
17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.
17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.
17951. (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required or authorized by this part or rules and regulations adopted pursuant to this part.
(2) If a governing body of any county or city, including a charter city, prescribes fees for a residential building permit, pursuant to paragraph (1), the building department of the city or county shall prepare a schedule of the fees for a residential building permit and post the schedule on the countys or citys internet website.
(b) The governing body of any county or city, including a charter city, or fire protection district, may prescribe fees to defray the costs of enforcement required by this part to be carried out by local enforcement agencies.
(c) The amount of the fees prescribed pursuant to subdivisions paragraph (1) of subdivision (a) and subdivision (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.
(d) If the local enforcement agency fails to conduct an inspection of permitted work for which permit fees have been charged pursuant to this section within 60 30 days of receiving notice of the completion of the permitted work, the permittee shall be entitled to reimbursement of the permit fees. The local enforcement agency shall disclose in clear language on each permit or on a document that accompanies the permit that the permittee may be entitled to reimbursement of permit fees pursuant to this subdivision.
(e) (1) The provisions of this part are not intended to prevent the use of any manufactured home, mobilehome, multiunit manufactured home, material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by the California Building Standards Code or this part, provided that this alternate has been approved by the building department.
(2) The building department of any city or county may approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that each such material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the California Building Standards Code or this part in performance, safety, and for the protection of life and health.
(3) The building department of any city or county shall require evidence that any material, appliance, installation, device, arrangement, or method of construction conforms to, or that the proposed alternate is at least equivalent to, the requirements of this part, building standards published in the California Building Standards Code, or the other rules and regulations promulgated pursuant to this part and in order to substantiate claims for alternates, the building department of any city or county may require tests as proof of compliance to be made at the expense of the owner or the owners agent by an approved testing agency selected by the owner or the owners agent.
SEC. 2. Section 17970.3 is added to the Health and Safety Code, to read:17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.
SEC. 2. Section 17970.3 is added to the Health and Safety Code, to read:
### SEC. 2.
17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.
17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.
17970.3. (a) This section shall only apply to both of the following:(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.(c) If a private professional provider performs the inspection, all of the following shall apply:(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) The private professional provider performed the inspection.(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:(A) The affidavit described in paragraph (1).(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.(C) Additional information required by the building department.(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).(e) For the purposes of this section:(1) Applicant means a person who submits an application.(2) Application means an application for a residential building permit.(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).(C) A construction inspector, as defined in Section 18949.25.(D) A plans examiner, as defined in Section 18949.26.(E) A building official, as defined in Section 18949.27.
17970.3. (a) This section shall only apply to both of the following:
(1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, and has no floors used for human occupancy located more than 40 feet above ground level.
(2) A residential addition to, or remodel of, an existing building that contains 1 to 10 dwelling units and has no floors used for human occupancy located more than 40 feet above ground level.
(b) (1) Upon receiving a notice of the completion of the permitted work, the building department of every city or county shall provide the applicant with an estimated timeframe in which inspection of the permitted work will be completed. If the estimated timeframe exceeds 30 days, the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with the other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.
(2) If within 30 days of receiving notice of the completion of permitted work the building department has not conducted an inspection of the permitted work the applicant may contract with or employ at the applicants own expense a private professional provider to inspect the permitted work for compliance with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part.
(c) If a private professional provider performs the inspection, all of the following shall apply:
(1) The private professional provider shall prepare an affidavit, under penalty of perjury, stating both of the following:
(A) If the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.
(B) The private professional provider performed the inspection.
(2) The applicant shall submit to the building department a report of the inspection. The report shall include all of the following:
(A) The affidavit described in paragraph (1).
(B) If the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, the requirements for permitted work to comply with the other requirements imposed pursuant to this part or the local ordinances adopted pursuant to this part.
(C) Additional information required by the building department.
(3) Within 14 days of receiving the report pursuant to paragraph (2), the building department shall consider the report and based on the report shall do either of the following:
(A) Issue a certificate of occupancy or equivalent final approval for the permitted work if the permitted work complies with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.
(B) Notify the applicant in writing that the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the permitted work does not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part. The notice shall specify the requirements for the permitted work to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.
(4) If the building department does not issue a certificate of occupancy or equivalent final approval for the permitted work or notify the applicant within 14 days pursuant to paragraph (3), the permitted work shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the certificate of occupancy or equivalent final approval for the permitted work shall be deemed approved.
(d) If the department notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may do either of the following:
(1) Resubmit a notice of completion of permitted work to the building department to inspect the permitted work.
(2) Contract with or employ at the applicants own expense a private professional provider to conduct the inspection. The inspection shall be subject to the timelines and requirements of subdivision (c).
(e) For the purposes of this section:
(1) Applicant means a person who submits an application.
(2) Application means an application for a residential building permit.
(3) Private professional provider means any of the following who do not otherwise have a financial interest in the residential housing development project:.
(A) A professional engineer licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(B) An architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code).
(C) A construction inspector, as defined in Section 18949.25.
(D) A plans examiner, as defined in Section 18949.26.
(E) A building official, as defined in Section 18949.27.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.
The definitions and general provisions contained in this chapter govern the construction of this title unless the context requires otherwise.