§129.0121 License and Insurance Requirements for Contractors and Subcontractors

• (a) Applicability of this Section.

  • (1) This Section applies to construction permits listed in Section 129.0121(a)(1)(A) but only if the development involves any of the activities listed in Section 129.0121(a)(1)(B)-(D):

    • (A) Building Permits, Electrical Permits, Plumbing/Mechanical Permits, Demolition/Removal Permits, Grading Permits, Public Right-of-Way Permits, and Fire Permits.

    • (B) Residential and mixed-use development consisting of, or involving twenty or more dwelling units , including single dwelling unit and multi-family subdivisions.

    • (C) Commercial or industrial development that proposes 20,000 square feet or more of tenant improvements, or construction of 20,000 square feet of additional new gross floor area .

    • (D) Any development that requires a Public Right-of-Way Permit.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(10-2024)

• (2) This Section applies to all local, state, and federal agencies (unless exempt) except for the City of San Diego. The City of San Diego is subject to the requirements in Chapter 2, Article 2, Divisions 30, 31, 33, 34 and 36 of the San Diego Municipal Code.

• (3) Any contractor that believes its work is exempt under California Business and Professions Code Division 3, Chapter 9, Article 3 (Exemptions) and therefore not subject this Section shall provide in writing the basis for the exemption to the City.

• (b) Requirements of this Section.

  • (1) No person shall be issued, or utilize a construction permit , as specified in Section 129.0121(a), unless they are:

    • (A) A contractor licensed and insured pursuant to the applicable provisions of the California Business and Professions Code or agent; or

    • (B) The record owner or an agent of the record owner performing their own work , or

    • (C) Any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property performing their own work.

  • (2) All work as specified in Section 129.0121(a) shall be performed by contractors and subcontractors licensed and insured pursuant to the applicable provisions of the California Business and Professions Code, except a record owner or person identified in Section 129.0121(b)(1)(c) performing their own work.

• (c) Compliance with this Section.

  • (1) Prior to permit issuance, the applicant shall submit the following:

    • (A) A list of all project contractors and subcontractors that includes the following information for each contractor and subcontractor:

      • (i) Valid worker’s compensation insurance information, including policy number and expiration date;

      • (ii) State contractor license number, license category, and license expiration date;

      • (iii) City business license number and expiration date;

San Diego Municipal Code (10-2024)

Chapter 12: Land Development Reviews

• (iv) State, and federal tax identification numbers; and

     - (v) Whether the contractor or subcontractor has any pending, or prior enforcement actions for any state, or federal labor violations, or paid any penalties to a government agency related to the provisions of the California Labor Code. 
  
  - (B) For Public Right-of-Way Permits, the _applicant_ shall state whether the work to be performed requires safety certifications, safety trainings, professional certifications, or professional licenses. If any of these apply, the _applicant_ shall provide the following: 
  
     - (i) A list of the certifications, trainings, and licenses required for the work; and 
  
     - (ii) Confirmation that the _applicant’s_ employees, or the employees of the relevant contractor, subcontractor, or agent have the required certifications, trainings and licenses, specifying the contractor, subcontractor, or agent if applicable. 
  

  • (2) If the applicant is unable to provide the information in Section 129.0121(c)(1)(A)-(B) prior to construction permit issuance, or in the event the permit holder adds or changes contractors or subcontractors following permit issuance, the permit holder shall provide the information required in Section 129.0121(c)(1)(A)-(B) prior to work being performed or the new contractor or subcontractor starting work.

  • (3) If any of the information required in Section 129.0121(c)(1)(A)-(B) changes for any of the contractors or subcontractors, the permit holder shall provide updated information prior to the contractor or subcontractor performing any further work under the construction permit .

• (d) Violation of this Section. Failure to comply with this Section shall constitute performance of work without the required permit, pursuant to Section 121.0302. A violation of this Section is subject to all remedies available to the City under Chapter 12, Article 1, Division 3 of the San Diego Municipal Code.

(“License and Insurance Requirements of Contractors and Subcontractors” added 9-21-2022 by O-21509 N.S.; effective 10-21-2022.)

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San Diego Municipal Code (10-2024)

Chapter 12: Land Development Reviews