103A.6 Expanded Compliance Control and permit review.

103A.6 Expanded Compliance Control and permit review.

103A.6.1 Significant violation tracking reports. When any of the following occur:

(a) a building inspector issues a Notice of Violation in which there is an instance of any of the following:

(1) Misrepresentation of existing conditions or project scope that results in circumvention of notification or review requirements;

(2) Structural work or demolition of structural features without or beyond the scope of a building permit;

(3) Work under permit performed by a party without required license; or

(4) Other substantial non-compliance;

(b) any individual, agent, or entity with business before the Department is convicted of any offense involving fraud, willful misrepresentation, or the making of any willfully inaccurate or false statement associated with a permit application or project considered by the City, or any offense involving bribery or other unlawful influence of a City official or employee; or

(c) the Planning Department notifies the Department that the Planning Department has identified a significant misrepresentation of existing conditions or project scope that has resulted in a failure to disclose or represent any Unauthorized Unit in any permit application submitted to the Department;

Inspection Services Division shall log the violation described in subsections (a), (b), or (c) above, and identify all individuals, agents, and entities associated with the permit and/or project in the Permit Tracking System (or other system of record) or known to be associated with the permit and/or project at the time the Notice of Violation is issued, or the violation described in subsections (b) or (c) is discovered, in the Compliance Control Tracking File maintained by the Inspection Services Division. The Compliance Control Tracking File is for internal purposes only; an individual, agent, or entity’s presence in the file does not indicate responsibility for any violation or misconduct. For purposes of Section 103A.6, “Unauthorized Unit” shall have the same meaning as in Planning Code Section 317(b).

(Amended by Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

103A.6.2 Candidates for Expanded Compliance Control.

(1) The Inspection Services Division shall review the Compliance Control Tracking File on a monthly basis to determine if any project, individual, agent, or entity has been associated with three or more reported violations described in 103A.6.1 within the last 18 months. Any such project, individual, agent, or entity shall be a candidate for Expanded Compliance Control.

(2) Even if the three-or-more-violations standard is not met during the 18-month period, the Department, in consultation with the City Attorney, may designate a project, individual, agent, or entity as a candidate for Expanded Compliance Control for any violation or violations that the Department determines, individually or together, to be egregious and create significant risk to health, safety, or property.

103A.6.3 Expanded Compliance Control List.

103A.6.3.1 Factors. In determining whether to include any candidate on the Expanded Compliance Control List, the following factors shall be considered: the candidate’s role and conduct that contributed to the violations; any impacts on individual or public health, and safety; whether the misrepresentation of existing conditions or the misrepresentation of project scope was reckless or intentional to avoid permit review or notification requirements, including any omission or misrepresentation regarding the presence of any Unauthorized Unit; the extent of the demolition or work that occurred without or beyond the scope of a building permit or without the necessary license or certification; any impacts on historically significant structures; prospective undervaluation of the construction cost that resulted in lower permit fees from the violations; and the number, frequency, and severity of violations.

(Amended by Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

103A.6.3.2 Process. For each project, individual, agent, or entity designated as a candidate for Expanded Compliance Control, the following actions shall be taken:

(1) Inspection Services staff, designated by the Director of the Department of Building Inspection, shall notify the candidate and request any exculpatory information as to why Expanded Compliance Control is not warranted and shall draft a summary report detailing the violation(s) and exculpatory evidence or arguments, if any, relevant to whether the candidate warrants Expanded Compliance Control.

(2) The summary report shall conclude with a determination:

(a) that the candidate should be placed on the Expanded Compliance Control List, and provide written findings, including but not limited to findings in response to the factors described in 103A.6.3.1, supporting that determination; or

(b) that the candidate should not be placed on the Expanded Compliance Control List, and provide written findings, including but not limited to findings in response to the factors described in 103A.6.3.1, for why the candidate does not warrant Expanded Compliance Control.

(3) The Director of the Department of Building Inspection shall review all Expanded Compliance Control determinations made by designated staff and shall make a final determination either affirming or overruling the determination. The Director shall either adopt the staff findings or issue the Director’s own written findings detailing the basis for the final determination. The Department shall notify the candidate in writing of the Director’s final determination and shall post the final determination on the Department’s website in a manner that complies with section 104A.6.

(4) Any person may appeal the Director’s final determination to the Building Inspection Commission pursuant to the provisions of Chapter 77 of the Administrative Code.

(5) The Director shall maintain the Expanded Compliance Control List on the Department’s website and shall provide the list to the Building Inspection Commission on a quarterly basis commencing when the first project, individual, agent, or entity is placed on the list.

103A.6.4 Expanded Compliance Control Provisions.

103A.6.4.1 Duration. Any project, individual, agent, or entity placed on the Expanded Compliance Control List (“listee”) shall remain on the list for five years. Any subsequent significant violation(s), as defined in subsection 103A.6.1, by a listee shall extend the period of Expanded Compliance Control for that listee by five years from the date of the subsequent violation(s).

103A.6.4.2 Measures. Upon placing a project, individual, agent, or entity on the Expanded Compliance Control List, the Department shall take the following actions:

(1) Refer the listee to any applicable licensing board or regulatory agency with the Director’s final determination and written findings;

(2) Require all existing permit applications and addenda and any new applications or addenda submitted by or containing reference to the listee undergo Expanded Compliance Control by senior Plan Review Services staff and multi-station (all permit stations applicable to a given permit) review at intake and after the Planning Department approves the Site Permit (if applicable); and notify all parties listed on the applications or addenda for these permits of the Expanded Compliance Control requirement;

(3) Require site inspections by the Department of Building Inspection and Planning Department prior to issuing any permit submitted by or containing reference to the listee;

(4) Require that a licensed contractor be named on the permit prior to issuance, unless the applicant is filing for the permit as an Owner-Builder, in conformance with California Health and Safety Code Section 19825;

(5) Dedicate a Senior Inspector to perform inspections and respond to any complaints or requests regarding the listee;

(6) If warranted, consult with the City Attorney about any additional enforcement actions; and

(7) If warranted, after consultation with the City Attorney, refer the listee to the District Attorney with the Director’s final determination and written findings.

(Amended by Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

103A.6.5 Permit review staff training. No later than September 30, 2021, the Department shall provide written guidance and conduct training sessions for all plan review staff on how to recognize and flag permits that signal potential abuse. All guidance and training materials and procedures shall be prepared with a goal of being sensitive to the cultural differences of individuals, agents, and other entities associated with permits and/or projects as well as current and future building occupants, workers, or adjacent neighbors. Further, the Department shall create and implement guidelines for staff to escalate any permits that indicate potential abuse to senior review staff for their review and refer such permits to the Planning D ep artment to ensure they are consistent with preceding Planning Department approvals.