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Home My WebLink AboutAB2335 - Building PermitsREQUEST: DATE: XN CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 2335 (NAKANISHI) AT ITS MEETING OF MARCH 25, 2008 April 10, 2008 CONTENTS: AB 2335 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 25, 2008, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 2335 (Nakanishi) relative to building permits. BACKGROUND: Existing law requires cities to issue permits as a condition precedent to the construction, alteration, improvement, demolition, or repair of any buildings or structures and to have the owner of the building, or structure, complete specific forms and declarations that identify the property and any agents or contractors performing the work. If passed, AB 2335 would repeal all the separate provisions and create a single document that combines and modifies existing forms declarations, and notices to property owners. Because the consolidation of various forms would streamline the process in obtaining these permits, it would provide a savings in both paperwork and staff time. Therefore, the Legislative Review Committee recommends that the City Council support AB 2335 and direct staff to prepare a letter stating that position to appropriate Legislators for he Mayor's signature. PATRICIA SCULLY, CFEE SENIOR MANAGEMENT ANALYST SHEILA R. GILLIGA ACM/COMMUNITY SERVICS PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER CARLOS L. O'! GA CITY MANAGER z 0 H a� w H U A 0 •ZU HH AB 2335 Assembly Bill - INTRODUCED Page 1 of l2 BI:LL NUMBER: AB 2335 INTRODUCED BILL TEXT IN'PRODUCED BY Assembly Member Nakanishi FEBRUARY 21, 2008 An act to repeal Sections 19830, 19831, and 19832 of, and to repeal and add Section 19825 of, the Health and Safety Code, relating to building permits. LEGISLATIVE COUNSEL'S DIGEST AB 2335, as introduced, Nakanisni. Building permits. Existinq law, in separate provisions, requires every city or county that necessitates the issuance of a permit as a conditior. precedent to the construction, alteration, improvement, demoli.tion, or repair of any building cr structure, at a minimum, to have the owner of the building or structure complete specific forms and declarations that identify the property and any agents or contractors performing the work, if applicable, and declaring the project complies with various laws. Existing law also requires the city or coun�y to provide notice to the owner of the property of the legal implicatior.s of construction ori the property. This bill would repeal those separate provisions arid create a singie provision that combines and modifies the existing forms, decla�ations, and notice to the property owner and expands the ackno�aledcments property owners are required to make. Vote: majority. Appropriation: no. Eiscal commit�ee: no. State-mandated local program: no. THE P�'OPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1.9825 of the Health and Safety Code is repeaied. . . . _ . , . , -, , � - , 6rod�rre-�1-s�datnT i f�c!�etd Ee�rcct-e�s-�d�.n �d�d�re�a-s http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 2 of 12 - e--�3�v. � _i"a�..t— . ' � R:L'[drJ'F� __� ".._a� � �'1'P731�1T,T _ LL_ ' ' '_' _'-' _ito i.vuc� 1��'�kt�t—f"Q'�-- -_� _r r C'C� _rr'_rr_--c-c�rrrr`CI'P_'�---�rn--�� n�_-:zT-�b�ee'YC��7'fl"D7�8i`""t'�°te �� . r i r r i � r • i 7 _t �L� ___ __J ___ ____ _'_ ��'^Sl�[fi� 1 V l l J � i L_ �L-__ _ ��lT �"'ER?Y��.T_Jf�CTJTIS'e'��_ _"_ -'-`- -' r BZ�.TTC / / / i--- ---- - - --�r-----' �81`5'f�'C'�Je' . � EY�C-.`-�I'tc-i v�xt-�Q'C'C-Cr_+' _ _- _ - - --_-_- - - -'-- -- i J_.� �1.�"� __1_ �'rl'tCr��"�-e'r"-Fr�rsc^��a , http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 3 of 12 _ - -- , _ r�, '.-�area e , � � � mTel-�e�es�-s�efrrEe e��k��e�rere+�e�� ---- -- -ors • . , . . . �� , n��,� - ___-------- - -- ' r_ -- - - — - - --- - �� r _l L _ � - C - � 1 J / ��nn —�rvv ei—t�re--�rl5 c�-Ee eFe;�-v _� , --�----� . � -�ee}r—f��r--t-�°re _ , . � _ --- -- - - �,�� `^- -- - -- , L___ _ _ _L___ i L- __ _ _ __ '_ -_ c�.i, i.v �..�. _'_t_��__L / _ r _i � -i' _ _ e-f--9C�-teirTr"v�-e�f--�1'rC�B'b o�r--E^o c�e�T �arrFlPd�-P3"- g-�i,^ "� �'T,,• " ��,�' http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 4 of 12 , , , . � , a��e�tea�� T -i s�tree�f.S�e�.��--��- �crreF�r'-s—�d�rm �erreFer'��re�el�e�s _---- ----- -_-�a c—'rr:fo,-r�-�*+�i-o�n--irctrrrr�� . SEC. 2. Section 19825 is added to the Health and Safety Code, to read: 19825. (a) Every city, county, or city and county, whether general law or chartered, that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, shall, in addition to ary other requirements, require the execution of an application, in substantially the same form set forth under this subdivision, commencing with the following Applicant Declarati.on: APPLICANT DECLARATION BI;ILDING PROJECT IDENTIEICATION Applicant's Mailing Addr.ess Address of Building or Structure Subject to the Permit Owner's Name Owner's Telephone No. Des�qn Professional in Responsible Charge Mailing Address of Design Professional License No. LICENSED CONTRACTOR'S DECLARATION I hereby affirm under penalty of perjury that I am licensed ur.der provisions of Chapter 9 (commencing witn Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. License Class License No. Date Contractor Siqnature http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 5 of 12 OWNER-BUILDER DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason indicated below (Section 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9 (commencing w�th Sectior. 7000) of Division 3 of the Business and Professions Code; or that he or she is exempt from licensure and the basis for the alleged exemption. Any violation or Section 7031 .5 by any applicant for a permit subjects the applicant to a civil penalty of not more thar, five hundred dollars ($500) . ) : ( ) I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who, through employees' or personal effort, builds or improves the property, provided that the improvements are not intended or offered f.or sale. If, however, the buiidirig or improvement is sold within one year of cornpletior,, the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale. ) . I will personally: Provide the labor and materials for the following portions of the constr.uction as an Ow:�er-Worker: Act as an Owner-Employer by paying the (Number of individuals Hired) unlicensed ir.dividual (s) listed below to provide tne directior., coordination, supervision, labor or materials for the following portions of the construction: 1 . Name of Individual: Phone Number: Portion of work hired to perform: 2. Name of Individual: Phone Number: Portion of work hired to perform: _ 3. Name of lndividual: Phone Number: Yortion of work hired to perform: 4 . Name of Individual: Phone Number: Portion of work hired to perform: _ (If there are not enough spaces above you may http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335 bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 6 of 12 provide the required information on the back side of this form. ) ( ) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who buil.ds or improves thereon, and who contracts for the projects with a licensed Contractor pursuant to the Contractors' State License Law. ) . I will personally: Act as an Owner-Contractor by contracting with California licensed Contractors to provide the labor or materials for the following portions of the construction: Contractor Name License # Portion of work cont�acted ( ) I am exempt from licensure under the Contractors' State License Law for the following reason: Date Owner-Builder Signature WORKERS' COMPENSATION DECLARATION WARNIh'G: FAIL�JKE TO SECURE WORKERS' COMPENSA'PION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100, 000) , IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED ['OK IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. i hereby affirm under penalty of berjury one of the following declarations: I have and will maintain a cer.tificate of conser.t to self-.insure for workers' compensation, issued by the Director of Industrial Relations as orovided for by Sect.ion 3700 of the Labor Code, for the performance of the work for which this permit is issued. Policy No. I have and will maintain workers' compe*�sation insurance, as required by Section 37U0 0* the Labor Code, for the perform,arce or the work for which this permil is �ssued. My workers' compensation insurance car.rier and policy number are: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 7 of 12 Carrier Pol.icy Number Name of Agent __ Phone # _ __ I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. Signature of Date Applicant DECLARATION REGARDING CONSTRUCTION LENDING AGENCY i hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Section 3097, Civil Code) . Lender's Name Lender's Address � AUTHORIZATION OF AGENT TO SIGN AS OWNER-BUILDER I hereby authorize to act as my agent and on my behalf to obtain a buildinq permit for my project. I authorize this agent. to fill out and sign the Applicant Declaration and si.an where my sigr.ature is required on the buil.ding permit. Name of Authorized Agent: Address of Authorized Agent: Phone Number of Authorized Agent: I have read all the Owner-Builder information ard personally filled out the above information and certify its accuracy. L'rope�ty Owrier's Signature: Date: NO'I'�;: A copy of the owner's state-issued identification card, such as a driver's license, is reauired at the time of permit issuar.ce to verify sig:�ature. I certify that 7 have read this application and state that the above information is correct. I agree to comply wi.th all city or county ordi*�ances and state laws relating to building construction, and hereby authorize representatives of this city or county to enter upon the above-ment.ioned property for inspection purposes. Signature Date: (b) In addi.tiori the city or county may require that there be iricluded, in the building project identification portion of a http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 8 of 12 building permit, the following: Assessor's Parcel Number Permit Date Permit Number Description of Work _ ,_ 3Lild:�ng Permit Valuation _ _ ;c) When the applicant who executes the Applicant Declaration required under subdivision (a) is an Owner-Builder, a Notice to Property Owner shall be executed by the property owner, in substantially the same form set forth under this subdivision. The Notice to Property Owner shall appear on the official letterhead of the issuer and shall be provided to the applicant by one of the �ollowing methods chosen by the permittinq authority: regular mail, e'ectronic format, or given directly to the applicant at the time the application for the permit is made. The notice shall be signed and returned prior to issuance of the permit. NOTICE TO PROPER'PY OWNER Dear Property Owner: An application for a building permit has been submitted in your name listing yourself as the buiider of the property improvements specified at We are providing you with an Owner-Builder Information and Verification Form to make you aware of your responsibilities and possible risk you may ir.cur by having this permit issued in your name as the Owner-Builder. We will not issue a building permit until you '�ave read, initialed your understanding of each provision, signed, and returned this form to us at our official address indi.cated. OWNFR'S ACKNOWLEDGMENT/VERIF'ICATION OF INFORMATION DIRECTIONS: Read and initial each statement below to signify you understand or verify this information. 1 . I understand a frequent practice of unlicensed persons is to have the property owner obtain an ""Owner.-Builder" building permit which erroneously implies ttiat the property owner is providing his or tier own labor. and material personally. I may be held liable and subject to serious financial risk for any injuries sustained by an unlicensed person and his or her emp].oyees while working on my oroperty. My homeowner's insurance may not provide coveraqe for such injuries. I will check with my insurance agent. 2. I understand building permits are not r.equired to be s?gned by property owners unless they are respor.sible for the construction and are not hiring a licensed Contractor to assume this responsibility. 3. I understand as an ""Owner-Builder" I am the responsible party of record on the permit. I understand if someone else will actually be responsible for performing the construction, I may protect myself from potential financial risk by hir i ng a i i cerised Contractor an<i hav ing tF�e permit http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bil] - INTRODUCED Page 9 of 12 filed in his or her name instead of my own. 4 . I understand Contractors are required by law to be licensed and bonded in California and to list their license numbers on permits and contracts. 5. I understand if I employ or otherwise engage any oersons, other than California licensed Contractors, and the total value of my construction is at least five hundred dollars ($500) , including labor and materials, I may be considered an ""employer" under state and federal law. 6. I understand if I am considered an ""employer" under state and federal law, I must register with the state and federal government, withhold payroll taxes, provide workers' compensation disability insurance and contribute to unemployrrent compensation for each ""employee. " I also understand my failure to abide by these laws may subject me to serious fir:ancial risk. 7. I understand under California Contractors ' State License Law, an Owner-Builder who builds single-family residential structures cannot legally bui].d them with the intent to cffer them for sale, unless all work is performed by licensed subcontractors and the number of structures does not exceed four within any calendar year, or all of the work is performed under contr.act with a licensed general building Contractor. 8 . I understand as an Owner-Builder if I sell the property for which this permit is issued, I :��ay be h,eld liable for. any financial or personal injur'_es sustained by any subsequent owner(s) that result from any latent construction defects in the workmanship or materials. __9. I understand I may obtain more information regarding my obligations as an ""employer" from the Internal Revenue Service, the United States Small Business Admin.istration, the California Department of Benefit Payments, and the California Division of lndustrial Accidents. I also understand I may contact the California ContracLors ' State License Board (CSLB) at 1-800- 321-CSLB (2752) or www.cslb.ca.gov fior more information about �icensed contractors. 10. I am aware of and consent to an Owner- Builder building permit applied for in my name as the party leyally responsible for proposed corstruction activity, including legal and fi.naricial liability, at the foll.owing address: 11. I agree that, as the party legally responsible for this proposed construction activity, including legal and financial liability, I will abide by all applicable laws and requirements governing Owner-Contractors or Owner- Employers. 12. I aqree to notify the issuer of this form immediately of any additions, deletions, http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - 1NTRODUCED Page 10 of 12 or changes to any of the information I have provided on this form. Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license, the Contractors' State License Board may be unable to assist you with any financial loss you may sustain as a result of a comp'_aint . Your only remedy ayainst unlicensed Contractors may be in civil court. It is also important for you to understand that if an unlicensed Contractor or employee of that individual or firm is injured while working on your property, you may be held liable for damages. If you obtain a permit as Owner-Builder and wish to hire Contractors, you will be responsible for verifying whether or not those Contractors are properly licensed and the status of their workers' compensatiori insurance coverage. F3eFore a buildirig permit can be issued, this form must be completed and signed by the property owner and returned to the agency responsible for issuing the permit. Siqnature of property owner Date: SEC. 3. Section 19830 of the Heaith and Safety Code is re�ealed. • � , , , , , , , , . , -�9i fP:�-f�--6�E}3�B �c� - , � http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page ] 1 of 12 , , �� , , , , , - , • , , , �r- _ , _ . , _L ` . ' . SE�. 9 . SecLior: 19831 of thc Ifealth and Safety Code is repealed. _ . , - , � � . , , _ - _ � ��_r�sstrca—Qcr�; 1 `_'_"_- -==L=-_--— __ --__-----�- http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335 bill_20080221_introduc... 3/28/2008 AB 2335 Assembly Bill - INTRODUCED Page 12 of 12 --- - iioc wv. . I / / � L__' _._ `�v. _L - iyYc vi A�7'L723T �d'1' eTi' � S�C. 5. Section 19832. of the Health and Safety Code is repealed. . , � � . , . � � -� � . . http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2301-2350/ab_2335_bill_20080221_introduc... 3/28/2008