AMENDED IN SENATE AUGUST 21, 2018

AMENDED IN SENATE AUGUST 9, 2018

AMENDED IN SENATE AUGUST 6, 2018

AMENDED IN ASSEMBLY MAY 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

93

CHAPTER 655

Statutes of 2018

[ Approved by Governor September 21, 2018. Filed with Secretary of State September 21, 2018. ]

Introduced by Assembly Member Wood

February 16, 2018

An act to amend Section 18938.5 of, and to add Section 18938.6 to, the Health and Safety Code, relating to building permits.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

A provision of the California Building Standards Law specifies that a local ordinance adding or modifying building standards for residential occupancies, published in the California Building Standards Code, applies only to an application for a building permit submitted after the effective date of the ordinance and to plans and specifications for, and the construction performed under, that permit, unless, among other reasons, the permit is subsequently deemed expired because the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or the permittee has suspended or abandoned the work authorized by the permit at any time after the work is commenced.

This bill would instead provide that a permit would remain valid for purposes of the California Building Standards Law if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. The bill would also authorize a permittee to request and the building official to grant, in writing, one or more extensions of time for periods of not more than 180 days per extension. The bill would require that the permittee request the extension in writing and demonstrate justifiable cause for the extension. The bill would also make conforming changes to the above-described provisions.

The people of the State of California do enact as follows:

SECTION 1.

Section 18938.5 of the Health and Safety Code is amended to read:

18938.5.

(a) Only those building standards approved by the commission, and that are effective at the local level at the time an application for a building permit is submitted, shall apply to the plans and specifications for, and to the construction performed under, that building permit.

(b) (1) A local ordinance adding or modifying building standards for residential occupancies, which are published in the California Building Standards Code, shall apply only to an application for a building permit submitted after the effective date of the ordinance and to the plans and specifications for, and the construction performed under, that permit.

(2) Paragraph (1) shall not apply to any of the following:

(A) A city or county that has been subject to an emergency proclaimed pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

(B) A permit that is subsequently deemed expired because the building or work authorized by the permit is not commenced within 12 months from the date of the permit or the permittee has abandoned the work authorized by the permit.

(C) A permit that is subsequently deemed suspended or revoked because the building official has, in writing, suspended or revoked the permit due to its issuance in error or on the basis of incorrect information supplied.

(c) No model code made applicable to any additional occupancy shall apply to any project that has been submitted for a building permit prior to the effective date of that model code.

SEC. 2.

Section 18938.6 is added to the Health and Safety Code, to read:

18938.6.

(a) Every permit shall remain valid for purposes of this part if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit.

(b) A permittee may request an extension of a permit. The building official may grant, in writing, one or more extensions of time for periods of not more than 180 days per extension. The permittee shall request an extension pursuant to this subdivision in writing and demonstrate justifiable cause for the extension.