Cal. HSC § 17960.3 — California Code / Code hsc / Division 13 / Part 1.5 / Chapter 5 / Article 1 / Section 17960.3
Section 17960.3
Status: in_force

(a) (1) Upon an application for a residential building permit being deemed complete pursuant to Section 65913.3 of the Government Code, a city or county shall provide the applicant with an estimated timeframe in which the city or county will determine if the complete application is compliant with permit standards. If the estimated timeframe exceeds 30 business days, the applicant may retain, at the applicant’s sole expense, a private professional provider to check the plans and specifications for their compliance with the requirements imposed pursuant to this part and by local ordinances adopted pursuant to this part.

(2) If, within 30 business days of an application for a residential building permit being deemed complete pursuant to Section 65913.3 of the Government Code, the city or county has not determined that the completed application is compliant with permit standards, the applicant may retain, at the applicant’s sole expense, a private professional provider to check the plans and specifications for their compliance with the requirements imposed pursuant to this part and by local ordinances adopted pursuant to this part.

(b) An applicant who retains a private professional provider shall notify the city or county of the applicant’s intent to retain a private professional provider no later than five business days after either of the following, as applicable:

(1) Provision of the estimated timeframe in paragraph (1) of subdivision (a).

(2) The time period in paragraph (2) of subdivision (a) elapses.

(c) If a private professional provider performs the plan-checking function, 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) That the plans and specifications do or do not comply with the requirements imposed pursuant to this part and local ordinances adopted pursuant to this part.

(B) The private professional provider performed the plan-checking function.

(2) The applicant shall submit to the city or county a report of the plan-checking function. The report shall include all of the following:

(A) The affidavit described in paragraph (1).

(B) If the plan and specifications do not comply with the requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, modifications to the plans and specifications that are necessary to comply with the other requirements imposed pursuant to this part and the local ordinances adopted pursuant to this part.

(C) Additional information required by the city or county.

(3) Within 10 business days of receiving the report pursuant to paragraph (2), the city or county shall consider the report and based on the report shall do either of the following:

(A) Issue the residential building permit if the plans and specifications comply 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 plans and specifications do not comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, if the plans and specifications do 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 plans and specifications to comply with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part.

(4) If the city or county does not issue the residential building permit or notify the applicant within 10 business days pursuant to paragraph (3), and the affidavit provided pursuant to paragraph (1) states that the plans and specifications comply with the other requirements imposed pursuant to this part and local ordinances adopted pursuant to this part, the plans and specifications shall be deemed compliant with the other requirements imposed pursuant to this part or local ordinances adopted pursuant to this part, and the residential building permit shall be deemed approved.

(5) The local agency shall be deemed in compliance with the requirements of Section 65913.3 of the Government Code as those requirements pertain to the residential building permit.

(6) The applicant shall indemnify the local agency from any property damage or personal injury arising from construction in accordance with the plans checked by a private professional provider pursuant to this section.

(7) Notwithstanding Section 815.6 of the Government Code, a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any residential building permit pursuant to this section.

(d) (1) If the city or county notifies the applicant pursuant to subparagraph (B) of paragraph (3) of subdivision (c), the applicant may resubmit corrected plans and specifications to the city or county to check the corrected plans and specifications.

(2) If an applicant resubmits corrected plans and specifications, the resubmitted plans and specifications shall be subject to the same timelines of a new application as specified in subdivision (c).

(e) Nothing in this section shall be construed to prohibit a city, county, or city and county from providing a self-certification program under terms that are different from those set forth in this section to the extent that the local program does not conflict with the requirements of this section.

(f) Commencing April 1, 2027, a city or county shall include all of the following in the report it submits pursuant to Section 65400 of the Government Code:

(1) The number of residential building permits that were reviewed by the city or county.

(2) The number of residential building permits that were reviewed by a private professional provider pursuant to this section.

(3) The number of full-time equivalent staff members directly involved in the processing of residential building permits, delineated by those primarily performing plan review functions and those primarily performing final permit approval or issuance functions. The reporting of these classifications shall be separate and shall not be combined.

(g) 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 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) or an architect licensed pursuant to the Architects Practice Act (Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code) who is currently certified as a residential plans examiner by the International Code Council, currently certified as a plans examiner by the International Association of Plumbing and Mechanical Officials, or currently certified by another state, national, or international association that the local agency recognizes as an acceptable certification for residential building plans examiners employed by the city or county. The private professional provider shall not have a financial interest in the residential building permit or in preparing the plans and specifications.

(4) “Residential building permit” means a building permit for either of the following:

(A) A new residential construction of a building that contains at least 1 dwelling unit, but no more than 10 dwelling units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level.

(B) A residential addition to, or a remodel of, an existing building that contains at least 1 dwelling unit, but no more than 10 dwelling units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level, for the purpose of adding new residential units to the existing building, not to exceed 10 total units in the building as proposed to be constructed.

(h) This section shall remain in effect only until January 1, 2036, and as of that date is repealed.