Article IV — PERMIT SIMPLICITY PROJECT APPLICATION AND SUBMITTAL

SEC. 26-30. PERMIT SIMPLICITY PROJECT APPLICATION.

Every application for a permit simplicity project shall be submitted on a form prepared by the department containing all of the following:

(A) The name, address and license number of the general contractor and any other contractors for the project;

(B) The project address;

(C) Project scope of work;

(D) Project plans -

(1) A cover sheet shall be attached to each set of plans. Each cover sheet shall:

(a) Be signed and stamped by the permit simplicity certified professional responsible for preparing the plans;

(b) Contain an index of drawings, where applicable; and

(c) Contain the following certification statement, which shall be wet-inked in black or plotted to the cover sheet: "I hereby certify that any and all included drawings

are prepared by me, under my supervision, or reviewed by me and to the best of my professional knowledge conform to the city's building codes, and other applicable laws pertaining to public health and safety." Such certification statement shall be signed by the permit simplicity certified professional who prepared or reviewed the plans.

(2) Each set of plans must be:

(a) Sealed by the permit simplicity certified professional certifying the plans;

(b) Prepared by, under the direct supervision of, or reviewed by the permit simplicity certified professional certifying the plans; and

(c) Attached to a cover sheet conforming to subsection (1) of section (D) of this section.

(3) Each page of each set of plans shall contain the following:

(a) The text "Permit Simplicity Certified by (name of Permit Simplicity Certified Professional)" and the date; and

(b) The date the building official or his or her designee reviewed the plans and the name of the reviewer.

(E) The owner/builder who is responsible for the work identified in the permit application must sign the permit application. If the project identified in the permit application is a build-out in an existing building, the work covered by the permit application must be limited to work for a single tenant only. Both the permit application and accompanying plans must be stamped by the permit simplicity certified professional who prepared or reviewed the plans and is submitting the plans for permit simplicity certification under the Permit Simplicity Certified Program.

(Ord. No. 2991)

SEC. 26-31. PERMIT SIMPLICITY PROJECT APPLICATION ATTACHMENTS.

Every application for a permit simplicity project shall include all of the following attachments:

(A) Evidence of all necessary approvals that are a condition precedent to issuance of a permit;

(B) Proof of insurance - The permit simplicity certified professional shall submit proof of insurance which satisfies all of the following:

(1) The permit simplicity certified professional shall furnish to the department a certificate of professional liability insurance and necessary endorsements, issued by an insurer authorized to do business in California, with a Bests' rating of no less than A:V111. The insurance required by this section shall have a limit of not less than $1,000,000 per claim and $1,000,000 in the aggregate for all claims made during the policy period covering the permit simplicity certified professional's errors and omissions.

(2) The endorsement shall state that coverage shall not be suspended, voided or cancelled by the permit simplicity certified professional, or reduced in coverage or

in limits, except after 30 days' prior written notice by hand delivery or certified mail, return receipt requested, to the department.

(3) The permit simplicity certified professional shall maintain insurance, at his or her own cost, for at least five years after the project is complete. If the permit

simplicity certified professional fails to maintain this required insurance coverage, the department reserves the right to revoke the permit simplicity certified professional's eligibility to participate in the permit simplicity program and to revoke the permit for any project pending at the time of the non-compliant insurance.

(C) Professional of record certification statement - The permit simplicity certified professional shall submit, on a form prepared by the department, a professional of record certification statement certifying as to all of the following:

(1) The permit simplicity certified professional satisfies the requirements of section 26-20 of this chapter.

(2) Within the previous five years, the permit simplicity certified professional has not been convicted, found liable of, or determined by the building official to have

committed any of the following:

(a) Knowingly making a false statement of material fact on or in connection with any permit application;

(b) Knowingly submitting in support of a permit application any document containing false or fraudulent information; or

(c) Knowingly affixing a false signature to any permit application.

(3) The application and every page of the accompanying plan(s) stamped by the permit simplicity certified professional:

(a) Were prepared by, under the direct supervision of, or reviewed by the permit simplicity certified professional;

(b) Are complete; and

(c) Are, as of the date of submission, in accordance with the requirements of the department's building construction code and all other applicable laws pertaining

to public health and safety.

(4) The application and all technical submissions made by the permit simplicity certified professional in connection with the permit simplicity certified project were

prepared in accordance with and meet the standard of care required of the permit simplicity certified professional's profession.

(5) All information and assertions made by the permit simplicity certified professional in the permit application and documents submitted in support of such permit application are true and correct to the best of the individual's knowledge.

(6) If the permit simplicity certified professional becomes aware of any false or inaccurate statement in the permit application, accompanying plans or any document

submitted in support of such permit application, regardless of whether such false or inaccurate statement was made by such permit simplicity certified professional or by his or her agent, employee, or other person, the permit simplicity certified professional shall immediately take all measures necessary to correct the false or inaccurate statement and notify the department.

(7) The permit simplicity certified professional understands that the building official will rely upon the truth and accuracy of the certifications contained in the Professional of Record Permit Simplicity Certification Statement as the basis for issuing a permit under the Permit Simplicity Certification Permit Program.

(8) The permit simplicity certified professional understands that the permit simplicity certified project identified in the permit application is being approved for a

permit subject to audit and/or field inspection by the department and the permit is subject to revocation by the building official if necessary or appropriate to protect public health or safety.

(9) If the department determines that the submitted plans do not conform to the requirements of the city's building codes, or other applicable laws pertaining to

public health and safety, the permit simplicity certified professional agrees to submit revised plans to the department in a timely manner and to take all remedial measures within the permit simplicity certified professional's control to bring the submitted plans, and any construction which has occurred in reliance on those plans, into conformity with those requirements.

(10) The permit simplicity certified professional understands that the failure to submit any required plan revisions to the department in a timely manner will result in

automatic suspension of the permit simplicity certified professional's eligibility to participate in the Permit Simplicity Certification Program, until such time that a plan revision is submitted to the department and/or the matter is resolved to the satisfaction of the department.

(11) The permit simplicity certified professional understands that failure to take all remedial measures within his or her control to bring the submitted plans and any

construction thereunder into compliance with the city's building construction codes, or other applicable laws pertaining to public health and safety shall result in revocation of the permit simplicity certified professional's eligibility to participate in the Permit Simplicity Certification Program and may result in notification of such fact to the appropriate State agencies.

(12) The permit simplicity certified professional understands the city retains all authority over the enforcement and administration of the city's building codes, and

other applicable laws pertaining to public health and safety, and the city does not delegate this authority to the permit simplicity certified professional by his or her participation in the Permit Simplicity Program. The city retains the right to refuse to issue a permit under the Permit Simplicity Program for any project that does not meet the requirements of the Program.

(D) Owner/tenant certification statement - The permit simplicity certified professional shall submit, on a form prepared by the department, an Owner/Tenant Certification Statement. The owner, and tenant if applicable, shall each sign and date the Owner/Tenant Certification Statement, certifying that the owner, and tenant if applicable:

(1) Authorizes the work of all professionals and consultants named in the permit application and accompanying plans;

(2) Agrees to take all measures necessary to correct any misrepresentation or falsification of facts made knowingly or negligently in the permit application or in any

document submitted in support of such application by the owner or tenant, as applicable, or by such owner's or tenant's agents, contractors or employees;

(3) Understands that submitting a permit application as part of the Permit Simplicity Program means that city officials are relying on certification by the permit

simplicity certified professional that the project conforms with the city's building codes, and other applicable laws pertaining to public health and safety;

(4) Understands that the permit simplicity certified project is being approved for a permit subject to audit and field inspection by the department;

(5) Agrees to take all remedial measures necessary to bring the plans and all construction completed under the permit for the project into conformity with

requirements of the city's building codes, and other applicable laws pertaining to public health and safety;

(6) Understands that the city retains the right to refuse to issue a permit under the Permit Simplicity Program for any project that does not meet the requirements of

the Program; and

(7) Understands that the building official, or his or her designee, may revoke any permit issued under the Permit Simplicity Certification Program at any time if the

building official, or his or her designee, believes that the permitted project or any portion thereof poses a threat to public health or safety.

(E) Hold harmless letters - The permit simplicity certified professional is required to submit to the department, on a form provided by the department, two hold harmless letters. One letter shall be signed and dated by the owner/tenant, and the second letter shall be signed and dated by the permit simplicity certified professional. By signing the letter the signatory certifies that:

(1) The signatory agrees to protect, defend, with counsel acceptable to the city, indemnify and hold harmless the city and its officers, representatives, managers

and employees against any and all claims, liabilities, judgments, costs, expenses, delays, demands or injuries arising out of or in any way connected with the design, construction, code compliance review or issuance of a permit for the project identified in the permit application;

(2) If construction is contrary to the city's building codes, other applicable laws pertaining to public health and safety, or to any permit issued under the Permit

Simplicity Certified Program, the signatory shall, without undue delay, remove or modify, at the signatory's own cost and expense, any component of such construction that does not conform to those requirements;

(3) Nothing in this letter should be construed to negate, waive or otherwise reduce any other right or obligation of indemnity that may exist in the favor of the city;

and

(4) The signatory acknowledges that the project may be subject to enforcement citations even if construction is in accordance with the plans approved as part of a

project submitted under the Permit Simplicity Program.

(F) Reasonable Hardship Plan for Americans with Disabilities Act compliance and the accessibility requirements of the California building code.

(Ord. No. 2991)

SEC. 26-32. PERMIT SIMPLICITY PROJECT SUBMISSION.

(A) A checklist and required permitting documentation for a project shall be made available on a publicly accessible city website.

(B) Assistance with pre-submittal requirements may be obtained from the department. Staff will determine if any variances, code modifications, use permits, or other approvals are required.

(C) The department shall establish the system for receiving applications, plans, forms, letters and other documents in connection with the Permit Simplicity Program. Electronic submittal of the required permit application and documents may be made available. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. This requirement notwithstanding, wet signatures shall be required for engineering calculations and plans in accordance with State law.

(D) No application shall be processed until all required documents are received and complete.

(E) Applicants shall be permitted to request project intake meetings through the permit simplicity program database.

(Ord. No. 2991)

SEC. 26-33. FIELD REVISIONS.

There are different procedures that must be followed for making field revisions. The procedure that must be followed is dependent on whether it is a voluntary change due to a change in construction material, design or in response to field conditions; or a mandatory change due to an inspector identifying a code violation or plans missing critical information.

(A) Voluntary field revisions - The permit simplicity certified professional shall submit a revised application in accordance with the procedures set forth in this chapter for an initial application.

(B) Mandatory field revisions -

(1) When a department inspector determines that the permit simplicity certified plans contain code violations or are missing critical information, the inspector shall

get a second opinion from his or her supervisor prior to requiring changes to the project.

(2) If the item is confirmed to be a code violation or the department requires more information critical to ensuring that the project meets the building codes, or other applicable laws pertaining to public health and safety, the inspector will inform the contractor and the permit simplicity certified professional in writing (e-mail is sufficient). Corrections and/or additional information will be required to reach a resolution.

(3) If plan revisions are required, the permit simplicity certified professional will be directed to submit the revisions within a reasonable time period. Failure to submit

plan revisions as directed will result in revocation of the permit simplicity certified professional's certification.

(4) Regardless of the method used to resolve the violation, all violations will be tracked by the inspection supervisor. The violations will be scored in accordance

with the department's Permit Simplicity Certified Audit Procedures, and any project that accumulates a cumulative score of five or greater will be subject to a mandatory audit.

(Ord. No. 2991)

SEC. 26-34. BUILDING OFFICIAL DUTIES.

(A) Upon receipt of a permit simplicity project application, the building official or his or her designee shall do all of the following:

(1) Verify that all applicable agency approvals, applications, forms, letters and other documents listed on the building department's relevant Permit Simplicity

Certification Checklists and required by this chapter have been submitted and completed in full by the appropriate parties;

(2) Verify that the project meets the Permit Simplicity Certification Program criteria:

(3) Verify that all necessary pre-approvals have been obtained;

(4) Verify all plan sheets and files are in accordance with this chapter;

(5) Verify certificate of approval from a structural peer reviewer for projects requiring a civil engineer;

(6) Screen plans for apparent compliance with the requirements of the city's building codes, and other applicable laws pertaining to public health and safety.

(B) If the building official, or his or her designee, determines that all Permit Simplicity Certification Program requirements have been met, he or she shall accept the project for admission to the Permit Simplicity Certified Program and shall notify the permit simplicity certified professional and the applicant within one business day.

(C) If the building official, or his or her designee, determines that the plans submitted by the permit simplicity certified professional require minor corrections to bring the plans into compliance with the city's building codes, and other applicable laws pertaining to public health and safety, he or she shall notify the permit simplicity certified professional and the applicant within one business day.

(D) If the building official, or his or her designee, determines that any of the Permit Simplicity Certification Program requirements have not been met, he or she shall reject the project for submittal to the Permit Simplicity Certified Program and shall notify the permit simplicity certified professional and the applicant within one business day. A project that is rejected from the Permit Simplicity Program may be submitted through the city's normal permit application process. Rejection from the Permit Simplicity Certification Program may be appealed to the building board of appeals.

(E) Upon a determination that all requirements have been met, the building official, or his or her designee, shall issue a permit for the project. The permit shall be stamped by the department with an indication that it is a "Permit Simplicity Certified Project."

(Ord. No. 2991)