2005 California Health and Safety Code Sections 19825-19829 Article 1. Contents

19825.  Every city or county 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, in addition to any other requirements, require the following
declarations in substantially the following form upon the issuance of
any building permit:
                     BUILDING PROJECT IDENTIFICATION
      Applicant's Mailing Address          ________________________
                                           ________________________
      Address of Building                  ________________________
                                           ________________________
      Owner's Name if Known                ________________________
      Telephone No.                        ________________________
      Contractor's Name                    ________________________
      Contractor's Mailing Address         ________________________
                                           ________________________
                                           Lic. No. _______________
      Architect or Engineer                ________________________
      Architect's or Engineer's Address    ________________________
                                           ________________________
                                           Lic. No. _______________
        In addition the city or county may require that there be
      included, in the building project identification portion of
      a building permit, the following:
      Assessor's Parcel Number*            ________________________
      Permit Date                          ________________________
      Permit Number                        ________________________
      Description of Work                  ________________________
      Building Permit Valuation            ________________________
      *To be entered by issuing agency.
                   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 ___________________ Lic. No. __________________
      Date ____________________________ Contractor ________________
                        OWNER-BUILDER DECLARATION
        I hereby affirm under penalty of perjury that I am exempt
      from the Contractors' State License Law for the
      following reason (Sec. 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 therefrom 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 the work, and the structure
      is not intended or offered for sale (Sec. 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 does the work himself or herself or
      through his or her own employees, 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 he or
      she did not build or improve for the purpose of sale.).
        (_)  I, as owner of the property, am exclusively contracting
      with licensed contractors to construct the project (Sec. 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 contractor(s) licensed pursuant to the
      Contractors' State License Law.).
        (_)  I am exempt under Sec. ____, B.& P.C. for this reason
           ________________________________________________________
      Date ___________________  Owner _____________________________
                 WORKERS' COMPENSATION DECLARATION
  I hereby affirm under penalty of perjury one of the following
declara-
tions:
___ I have and will maintain a certificate of consent to self-insure
    for workers' compensation, as provided for by Section 3700
    of the Labor Code, for the performance of the work for which this
    permit is issued.
___ 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
___________________________________________________
___ 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.
Date: __________  Applicant:
____________________________________________
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.
                      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 (Sec. 3097, Civ. C.).
      Lender's Name
__________________________________________________
      Lender's Address
__________________________________________________
        I certify that I have read this application and state that
      the above information is correct.  I agree to comply with all
city and
      county ordinances and state laws relating to building
construction, and
      hereby authorize representatives of this county to enter upon
the
      above-mentioned property for inspection purposes.
      _____________________________________
__________________________
         Signature of Applicant or Agent                   Date
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.