Article V — PERMIT SIMPLICITY PROGRAM AUDIT AND SUSPENSION OF

CERTIFICATION

SEC. 26-40. SELECTION FOR AUDIT.

All permit simplicity certified plans are subject to audit by the department to determine whether the plans and/or projects are in compliance with the requirements of the city's building codes, and other applicable laws pertaining to public health and safety. The selection criteria are as follows:

(A) The first four projects submitted by the permit simplicity certified professional are automatically selected for audit.

(B) Any project submitted where the permit simplicity certified professional has not been previously audited in the past 12 months shall be automatically selected for audit.

(C) Any project submitted by a permit simplicity certified professional that failed an audit twice shall automatically be selected for audit during the following 12 months.

(D) Any project submitted by a permit simplicity certified professional during the 12 months after having been reinstated following a suspension from the program shall automatically be selected for audit during the following 12 months.

(E) Any project over 100,000 square feet or greater than three stories shall be automatically selected for audit.

(F) A random sample of between 10% and 20% of remaining permit simplicity certified projects shall be selected for audit.

(Ord. No. 2991)

SEC. 26-41. AUDIT CRITERIA.

Each permit simplicity certified project selected for audit will be audited for compliance during construction with the city's building codes, and other applicable laws pertaining to public health and safety. The auditor for each discipline will complete the review in accordance with the scoring system described in the "Permit Simplicity Certification Program Auditing and Appeal Procedures" developed by the department and available on the department's website.

(Ord. No. 2991)

SEC. 26-42. AUDIT RESULTS.

The department shall notify the permit simplicity certified professional and the owner of record in writing of the results of any audit conducted. The notification shall provide a summary of the audit results and shall direct the permit simplicity certified professional to address all violations found in the audit. Failure to submit required corrections by the date identified in the notification will result in suspension or revocation of the permit simplicity certified professional's privileges.

(Ord. No. 2991)

SEC. 26-43. SUSPENSION AND REVOCATION OF PERMIT SIMPLICITY CERTIFICATION.

(A) A permit simplicity certified professional shall be subject to the following suspensions and revocations:

(1) Upon first audit failure, the department shall issue a written warning, and possible temporary suspension of status based on the severity of the audit result.

(2) Upon second audit failure, the permit simplicity certified professional shall be subject to mandatory audit for subsequent projects for the following 12 months.

(3) Upon third audit failure, the permit simplicity certified professional shall be suspended from the program for 12 months, and upon reinstatement shall be subject to mandatory audit for subsequent projects for the following 12 months.

(4) Upon fourth audit failure, the permit simplicity certified professional shall have certification revoked and shall not be eligible to reapply for a period of 36 months.

(5) A permit simplicity certified professional's certification shall be permanently revoked if the professional is convicted or found liable or 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.

(B) A dated notice of suspension or revocation shall be sent by certified mail, return receipt requested, to the permit simplicity certified professional's address of record with the department. The dated notice shall inform the permit simplicity certified professional of all of the following:

(1) The reason for the suspension or revocation;

(2) The effective date of the suspension or revocation, which shall be ten days after the date on the notice;

(3) The duration of the suspension or revocation;

(4) Steps which may be taken, if any, to mitigate or reduce the suspension or revocation.

(Ord. No. 2991)

SEC. 26-44. APPEAL.

Adverse audit results, suspensions or revocations of permit simplicity certified professional status are subject to appeal to the building board of appeals. If the permit simplicity certified professional has reason to believe that adverse audit results, or the suspension or revocation of permit simplicity certification privileges is not warranted, the permit simplicity certified professional has the right to request in writing, within ten business days of the date on which notice is mailed, a hearing before the building board of appeals. A hearing before the building board of appeals is solely to determine whether adverse audit results, or the suspension or revocation of permit simplicity certification privileges is warranted. If a hearing under this rule is requested in a timely manner, such hearing shall be commenced within 45 business days or receipt of such request. If no hearing under this rule is requested in a timely manner, or if a hearing is requested in a timely manner but the permit simplicity certified professional fails to appear at such hearing, the permit simplicity certified professional shall be deemed to have waived the right to such hearing and such privileges shall be deemed, by operation of law, to have been revoked by the building official on the date stated on the notice of revocation required by this rule. Conversely, if the permit simplicity certified professional submits a written request for a hearing, but fails to appear at such hearing, the building official may, upon a showing of good cause, reschedule the hearing. The permit simplicity certified professional may appeal, within 15 business days of the date on which the decision is mailed, an adverse ruling by the building board of appeals to the city council.

(Ord. No. 2991)

CHAPTER 27: TENANT PROTECTION AND RENT STABILIZATION