19825-19829
HEALTH AND SAFETY CODE
SECTION 19825-19829
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 require the
execution of a permit application, in substantially the same form
set forth under this subdivision, and require any individual who
executes the Owner-Builder Declaration to present documentation
sufficient to identify the property owner and, as necessary, verify
the signature of the property owner. A city, county, or city and
county may require additional information on the permit application.
PERMIT
APPLICATION
BUILDING PROJECT IDENTIFICATION
Applicant's Mailing Address __________
__________
Property Location or Address __________
__________
Property Owner's Name __________
Property Owner's Telephone No. __________
Licensed Design Professional (Architect __________
or Engineer) in charge of the project
Mailing Address of Licensed Design __________
Professional
__________
License
No._______
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am
licensed under provisions of Chapter 9 (commencing
with 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
Signature_
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am
exempt from the Contractors' State License Law for
the reason(s) indicated below by the checkmark(s)
I have placed next to the applicable item(s)
(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 with Section 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 of
Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty of not
more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees
with wages as their sole compensation, will do (_)
all of or (_) portions of 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 for sale. If, however, the building or
improvement is sold within one year of completion,
the Owner-Builder will have the burden of proving
that it was not built or improved for the purpose
of sale.).
(_) 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 builds or improves thereon, and who
contracts for the projects with a licensed
Contractor pursuant to the Contractors' State
License Law.).
(_) I am exempt from licensure under the
Contractors' State License Law for the following
reason:
_________________________________________________
By my signature below I acknowledge that, except
for my personal residence in which I must have
resided for at least one year prior to
completion of the improvements covered by this
permit, I cannot legally sell a structure that I
have built as an owner-builder if it has not
been constructed in its entirety by licensed
contractors. I understand that a copy of the
applicable law, Section 7044 of the Business and
Professions Code, is available upon request when
this application is submitted or at the
following Web site:
http://www.leginfo.ca.gov/calaw.html.
Date_
Signature of Property Owner or Authorized
Agent
_________________________________________________
WORKERS' COMPENSATION DECLARATION
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
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 FOR IN SECTION 3706 OF THE LABOR CODE,
INTEREST, AND ATTORNEY'S
FEES.
I hereby affirm under penalty of perjury one of
the following declarations:
____ I have and will maintain a certificate of
consent to self-insure for workers' compensation,
issued by the Director of Industrial Relations as
provided for by Section 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'
compensation insurance, as required by Section
3700 of the Labor Code, for the performance of the
work for which this permit is issued. My workers'
compensation insurance carrier and policy number
are:
Carrier______________Policy Number Expiration Date
Pho
Name of Agent__________________________________ ne
#__
____ 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__________________________________
By my signature below, I certify to each of the
following:
I am the property owner or authorized to act on
the property owner's behalf.
I have read this application and the information
I have provided is correct.
I agree to comply with all applicable city and
county ordinances and state laws relating to
building construction.
I authorize representatives of this city or
county to enter the above-identified property for
inspection purposes.
Signature of Property Owner or Authorized Agent___
Date ____________________________
(b) When the Permit Application and the Owner-Builder Declaration
have been executed by a person other than the property owner, prior
to issuing the permit, the following shall be completed by the
property owner and returned to the agency responsible for issuing the
permit:
AUTHORIZATION OF AGENT
TO ACT ON PROPERTY
OWNER'S BEHALF
Excluding the Notice to
Property Owner, the
execution of which I
understand is my
personal responsibility,
I hereby authorize the
following person(s) to
act as my agent(s) to
apply for, sign, and
file the documents
necessary to obtain an
Owner-Builder Permit for
my project.
Scope of Construction
Project (or Description
of Work):
_________________________
Project Location or
Address:_________________
Name of Authorized
Agent:___________________
Address of Authorized
Agent:___________________
Phone Number of
Authorized
Agent:___________________
I declare under penalty of
perjury that I am the
property owner for the
address listed above and I
personally filled out the
above information and
certify its accuracy.
Property Owner's
Signature:___________Date:
Note: A copy of the
owner's driver's license,
form notarization, or
other verification
acceptable to the agency
is required to be
presented when the permit
is issued to verify the
property owner's signature.
(c) When the Owner-Builder Declaration required under subdivision
(a) is executed, a Notice to Property Owner also shall be executed by
the property owner in substantially the same form set forth under
this section. 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 following methods chosen by the permitting
authority: regular mail, electronic format, or given directly to the
applicant at the time the application for the permit is made. Except
as otherwise provided, the Notice to Property Owner pursuant to this
section shall be completed and signed by the property owner and
returned prior to issuance of the permit. An agent of the owner shall
not execute this notice unless the property owner obtains the prior
approval of the permitting authority. A permit shall not be issued
unless the property owner complies with this section.
NOTICE TO PROPERTY OWNER
Dear Property Owner:
An application for a building permit has been
submitted in your name listing yourself as the
builder of the property improvements specified at
_______________.
We are providing you with an Owner-Builder
Acknowledgment and Information Verification Form
to make you aware of your responsibilities and
possible risk you may incur by having this permit
issued in your name as the Owner-Builder.
We will not issue a building permit until you
have read, initialed your understanding of each
provision, signed, and returned this form to us
at our official address indicated. An agent of
the owner cannot execute this notice unless you,
the property owner, obtain the prior approval of
the permitting authority.
OWNER'S ACKNOWLEDGMENT AND VERIFICATION 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 that
erroneously implies that the property owner is
providing his or her own labor and material
personally. I, as an Owner-Builder, may be held
liable and subject to serious financial risk for
any injuries sustained by an unlicensed person
and his or her employees while working on my
property. My homeowner's insurance may not
provide coverage for those injuries. I am
willfully acting as an Owner-Builder and am aware
of the limits of my insurance coverage for
injuries to workers on my property.
____2. I understand building permits are not
required to be signed by property owners unless
they areresponsiblefor 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 that I may protect myself from
potential financial risk by hiring a licensed
Contractor and having the permit 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 persons, 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 unemployment compensation for each "employee."
I also understand my failure to abide by these
laws may subject me to serious financial risk.
____7. I understand under California Contractors'
State License Law, an Owner-Builder who builds
single-family residential structures cannot
legally build them with the intent to offer them
for sale, unlessallwork 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 contract 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
may be held liable for any financial or personal
injuries 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 Administration, the California
Department of Benefit Payments, and the
California Division of Industrial Accidents. I
also understand I may contact the California
Contractors' State License Board (CSLB) at 1-800-
321-CSLB (2752) or www.cslb.ca.gov for more
information about licensed contractors.
____10. I am aware of and consent to an Owner-
Builder building permit applied for in my name,
and understand that I am the party legally and
financially responsible for proposed construction
activity at the following address:
__________________________________________________
____11. I agree that, as the party legally and
financially responsible for this proposed
construction activity, I will abide by all
applicable laws and requirements that govern
Owner-Builders as well as employers.
____ 12. I agree to notify the issuer of this
form immediately of any additions, deletions, 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 complaint. Your only
remedy against 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' compensation insurance
coverage.
Before a building 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.
Note: A copy of the property owner's driver's
license, form notarization, or other verification
acceptable to the agency is required to be
presented when the permit is issued to verify the
property owner's signature.
Signature of property owner________________ Date:_
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 require the
execution of a permit application, in substantially the same form
set forth under this subdivision, and require any individual who
executes the Owner-Builder Declaration to present documentation
sufficient to identify the property owner and, as necessary, verify
the signature of the property owner. A city, county, or city and
county may require additional information on the permit application.
PERMIT
APPLICATION
BUILDING PROJECT IDENTIFICATION
Applicant's Mailing Address __________
__________
__________
Property Location or Address __________
__________
Property Owner's Name __________
Property Owner's Telephone No. __________
Licensed Design Professional (Architect __________
or Engineer) in charge of the project
Mailing Address of Licensed Design __________
Professional
__________
License
No._______
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am
licensed under provisions of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business
and Professions Code, and my license is in full
force and effect.
License Class __________________________ License
No. ______
Contractor
Date ___________________________________ Signature
__________
OWNER-BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am
exempt from the Contractors' State License Law for
the reason(s) indicated below by the checkmark(s)
I have placed next to the applicable item(s)
(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 with Section 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 of
Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty of
not more than five hundred dollars ($500).):
(_) I, as owner of the property, or my employees
with wages as their sole compensation, will do (_)
all of or (_) portions of 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 for sale. If, however, the building or
improvement is sold within one year of completion,
the Owner-Builder will have the burden of proving
that it was not built or improved for the purpose
of sale.).
(_) 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 builds or improves thereon, and who
contracts for the projects with a licensed
Contractor pursuant to the Contractors' State
License Law.).
(_) I am exempt from licensure under the
Contractors' State License Law for the following
reason:
_________________________________________________
By my signature below I acknowledge that,
except for my personal residence in which I must
have resided for at least one year prior to
completion of the improvements covered by this
permit, I cannot legally sell a structure that I
have built as an owner-builder if it has not
been constructed in its entirety by licensed
contractors. I understand that a copy of the
applicable law, Section 7044 of the Business and
Professions Code, is available upon request when
this application is submitted or at the
following Web site:
http://www.leginfo.ca.gov/calaw.html.
Date
____
Signature of Property Owner or Authorized
Agent
_________________________________________________
WORKERS' COMPENSATION DECLARATION
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
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 FOR IN SECTION 3706 OF THE LABOR CODE,
INTEREST, AND ATTORNEY'S
FEES.
I hereby affirm under penalty of perjury one of
the following declarations:
____ I have and will maintain a certificate of
consent to self-insure for workers' compensation,
issued by the Director of Industrial Relations as
provided for by Section 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'
compensation insurance, as required by Section
3700 of the Labor Code, for the performance of the
work for which this permit is issued. My workers'
compensation insurance carrier and policy number
are:
Carrier_____________Policy Number Expiration Date
Pho
Name of Agent _________________________________ ne
# _
____ 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 8172, Civil Code).
Lender's Name _____________________________________
Branch Designation ________________________________
Lender's Address __________________________________
By my signature below, I certify to each of the
following:
I am the property owner or authorized to act on
the property owner's behalf.
I have read this application and the information I
have provided is correct.
I agree to comply with all applicable city and
county ordinances and state laws relating to
building construction.
I authorize representatives of this city or
county to enter the above-identified property for
inspection purposes.
Signature of Property Owner or Authorized Agent ___
Date ____________________________
(b) When the Permit Application and the Owner-Builder Declaration
have been executed by a person other than the property owner, prior
to issuing the permit, the following shall be completed by the
property owner and returned to the agency responsible for issuing the
permit:
AUTHORIZATION OF AGENT
TO ACT ON PROPERTY
OWNER'S BEHALF
Excluding the Notice to
Property Owner, the
execution of which I
understand is my
personal responsibility,
I hereby authorize the
following person(s) to
act as my agent(s) to
apply for, sign, and
file the documents
necessary to obtain an
Owner-Builder Permit for
my project.
Scope of Construction
Project (or Description
of Work):
_________________________
Project Location or
Address: ________________
Name of Authorized
Agent: __________________
Address of Authorized
Agent: __________________
Phone Number of
Authorized
Agent: __________________
I declare under penalty
of perjury that I am the
property owner for the
address listed above and
I personally filled out
the above information and
certify its accuracy.
Property Owner's
Signature:_________Date:
Note: A copy of the
owner's driver's license,
form notarization,
or other verification
acceptable to the agency
is required to be
presented when the permit
is issued to verify the
property owner's
signature.
(c) When the Owner-Builder Declaration required under subdivision
(a) is executed, a Notice to Property Owner also shall be executed by
the property owner in substantially the same form set forth under
this section. 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 following methods chosen by the permitting
authority: regular mail, electronic format, or given directly to the
applicant at the time the application for the permit is made. Except
as otherwise provided, the Notice to Property Owner pursuant to this
section shall be completed and signed by the property owner and
returned prior to issuance of the permit. An agent of the owner shall
not execute this notice unless the property owner obtains the prior
approval of the permitting authority. A permit shall not be issued
unless the property owner complies with this section.
NOTICE TO PROPERTY OWNER
Dear Property Owner:
An application for a building permit has
been submitted in your name listing
yourself as the builder of the property
improvements specified at _______________.
We are providing you with an Owner-Builder
Acknowledgment and Information Verification
Form to make you aware of your
responsibilities and possible risk you may
incur by having this permit issued in your
name as the Owner-Builder.
We will not issue a building permit until
you have read, initialed your understanding
of each provision, signed, and returned
this form to us at our official address
indicated. An agent of the owner cannot
execute this notice unless you, the
property owner, obtain the prior approval
of the permitting authority.
OWNER'S ACKNOWLEDGMENT AND VERIFICATION 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 that erroneously implies
that the property owner is providing his or
her own labor and material personally. I,
as an Owner-Builder, may be held liable and
subject to serious financial risk for any
injuries sustained by an unlicensed person
and his or her employees while working on
my property. My homeowner's insurance may
not provide coverage for those injuries. I
am willfully acting as an Owner-Builder and
am aware of the limits of my insurance
coverage for injuries to workers on my
property.
____2. I understand building permits are
not required to be signed by property
owners unless they are responsible 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 that I may protect
myself from potential financial risk by
hiring a licensed Contractor and having the
permit 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 persons, 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
unemployment compensation for each
"employee." I also understand my failure to
abide by these laws may subject me to
serious financial risk.
____7. I understand under California
Contractors' State License Law, an Owner-
Builder who builds single-family
residential structures cannot legally build
them with the intent to offer 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 contract 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 may be held liable
for any financial or personal injuries
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
Administration, the California Department
of Benefit Payments, and the California
Division of Industrial Accidents. I also
understand I may contact the California
Contractors' State License Board (CSLB) at
1-800-321-CSLB (2752) or www.cslb.ca.gov
for more information about licensed
contractors.
____10. I am aware of and consent to an
Owner-Builder building permit applied
for in my name, and understand that I am
the party legally and financially
responsible for proposed construction
activity at the following address:
____________________________________________
____11. I agree that, as the party legally
and financially responsible for this
proposed construction activity, I will
abide by all applicable laws and
requirements that govern Owner-Builders as
well as employers.
____ 12. I agree to notify the issuer of
this form immediately of any additions,
deletions, 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 complaint. Your only remedy against
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' compensation
insurance coverage.
Before a building 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.
Note: A copy of the property owner's
driver's license, form notarization, or
other verification acceptable to the agency
is required to be presented when the permit
is issued to verify the property owner's
signature.
Signature of Date: ____________________
Property Owner __
19826. (a) No city or county, whether general law or chartered,
shall issue a building permit which does not contain all applicable
declarations required by Section 19825 properly executed by the
owner, applicant, contractor, or agent of the owner, contractor, or
applicant. The properly executed declarations shall be a condition
for issuance of the building permit. A properly executed declaration
may include a declaration signed and transmitted by facsimile or
other electronic means. However, no city or county or its employees
shall be responsible for determining the truth or accuracy of the
declarations, and no monetary liability on the part of, and no cause
of action for damages against them, shall arise from their failure to
verify the truth or accuracy of the declarations.
(b) A city or county may require that within 15 days of issuance,
the issuing agency of the city or county deliver copies of all
building permits to the assessor of the county.
(c) For purposes of this section, an "application for a building
permit" shall be construed as a "transaction" and all declarations
required shall be construed as "records" under Title 2.5 (commencing
with Section 1633.1) of Part 2 of Division 3 of the Civil Code.
19826.5. A city or county may require that the agency of such city
or county issuing a building permit inform the assessor of the county
of issuance of the final inspection of a property for which a permit
has been issued within 15 calendar days of conducting a final
inspection.
19827. (a) The Legislature hereby finds and declares that there is
an urgent and statewide public interest in assuring that building
contractors comply with the Contractors License Law (Chapter 9
(commencing with Section 7000), Division 3, Business and Professions
Code) and provisions of law relating to Workers' Compensation
Insurance for building construction, that property owners are
informed about, and protected from, fraudulent representations,
liability for worker's injuries, liability for material and labor
costs unpaid by contractors, licensing requirements, and employer's
tax liabilities when improving their property as owner-builders, and
that uniformity of enforcement necessitates that the provisions of
this chapter apply uniformly statewide.
(b) This article shall become operative on July 1, 1980.
19827.5. A demolition permit shall not be issued by any city,
county, city and county, or state or local agency which is authorized
to issue demolition permits as to any building or other structure
except upon the receipt from the permit applicant of a copy of each
written asbestos notification regarding the building that has been
required to be submitted to the United States Environmental
Protection Agency or to a designated state agency, or both, pursuant
to Part 61 of Title 40 of the Code of Federal Regulations, or the
successor to that part. The permit may be issued without the
applicant submitting a copy of the written notification if the
applicant declares that the notification is not applicable to the
scheduled demolition project. The permitting agency may require the
applicant to make the declaration in writing, or it may incorporate
the applicant's response on the demolition permit application.
Compliance with this section shall not be deemed to supersede any
requirement of federal law.
19828. Any city, county, or city and county, which requires the
issuance of a permit as a condition precedent to the construction
alteration, improvement, demolition, or repair of any building or
structure may, if it is satisfied that all conditions of the final or
parcel map have been fulfilled, and the map may be recorded, issue a
building permit for construction on a parcel created by the map
before the recordation of the map pursuant to Article 6 (commencing
with Section 66464) of Chapter 3 of Division 2 of Title 7 of the
Government Code.
19829. (a) Notwithstanding Section 35441 of the Government Code, if
an application for a building permit is filed with a county prior to
the vote on the incorporation of a new city, and a building permit
is subsequently issued by the county prior to the effective date of
the incorporation, and the property for which the building permit was
issued is within the newly incorporated city limits, the building
permit shall remain valid for a period of 180 days from the date of
issuance of the building permit. If a local ordinance enacted by a
county prior to the date of the incorporation vote provides that
building permits are valid for a shorter or longer period than 180
days from the date of issuance, or the county ordinance authorizes
the extension of those building permits, that local ordinance applies
to any building permit applied for prior to the date of the
incorporation vote.
If the effective date of the incorporation is more than 90 days
after the incorporation vote, the county may receive applications
for, and issue, building permits for construction on property to be
included within the corporate boundaries of the newly incorporated
city. These building permits shall remain valid for a period of 180
days from the date of issuance.
(b) A building permit issued by a county for construction on real
property subsequently annexed to a city shall remain valid for the
life of the building permit, as issued. This subdivision does not
apply to any city which has, by ordinance, expressly made this
subdivision inapplicable to territory annexed to that city, unless
the city initiated the annexation.
(c) The city of which the affected territory became a part may
extend the life of a building permit as provided by this section. The
city of which the affected territory became a part shall be
responsible for the continuing enforcement of the county ordinance.
(d) All rights accorded the permittee by a building permit
affected by this section may be exercised by the permittee or the
successor in interest thereto in accordance with the applicable
rules, regulations, and ordinances of the issuing agency which were
in effect at the time the building permit was issued.
(e) This section does not apply to any incorporation or annexation
which became effective prior to January 1, 1985.
(f) The section does not apply to any building permit which is
suspended or revoked pursuant to any moratorium ordinance, or
extension thereof, adopted under Section 65858 of the Government Code
prior to the effective date of this section enacted at the 1991
portion of the 1991-92 Regular Session.