2005 California Health and Safety Code Sections 19830-19832 Article 2. Owner-Builder Information

HEALTH AND SAFETY CODE
SECTION 19830-19832

19830.  Every city or county, whether general law or chartered,
which 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, prepare and give notice to the owner of the building or
structure whenever an application for a building permit is submitted
in the owner's name as builder of the improvements. The notice shall
be given by mail; or the notice may be given to the applicant at the
time the application for the permit is made, provided that the
applicant presents identification sufficient to identify himself or
herself as the owner.  The notice shall be in substantially the
following form:
      "OWNER-BUILDER INFORMATION
   "Dear Property Owner:
   "An application for a building permit has been submitted in your
name listing yourself as the builder of the property improvements
specified.
   "For your protection you should be aware that as 'owner-builder'
you are the responsible party of record on the permit. Building
permits are not required to be signed by property owners unless they
are personally performing their own work. If your work is being
performed by someone other than yourself, you may protect yourself
from possible liability if that person applies for the proper permit
in his or her name.
   "Contractors are required by law to be licensed and bonded by the
State of California and to have a business license from the city or
county. They are also required by law to put their license number on
all permits for which they apply.
   "If you plan to do your own work, with the exception of various
trades that you plan to subcontract, you should be aware of the
following information for your benefit and protection:
   "If you employ or otherwise engage any persons other than your
immediate family, and the work (including materials and other costs)
is $500 or more for the entire project, and the persons are not
licensed as contractors or subcontractors, then you may be an
employer.
   "If you are an employer, you must register with the state and
federal government as an employer and you are subject to several
obligations including state and federal income tax withholding,
federal social security taxes, workers' compensation insurance,
disability insurance costs, and unemployment compensation
contributions.
   "There may be financial risks for you if you do not carry out
these obligations, and these risks are especially serious with
respect to workers' compensation insurance.
   "For more specific information about your obligations under
federal law, contact the Internal Revenue Service (and, if you wish,
the U.S. Small Business Administration). For more specific
information about your obligations under state law, contact the
Department of Benefit Payments and the Division of Industrial
Accidents.
   "If the structure is intended for sale, property owners who are
not licensed contractors are allowed to perform their work personally
or through their own employees, without a licensed contractor or
subcontractor, only under limited conditions.
   "A frequent practice of unlicensed persons professing to be
contractors is to secure an 'owner-builder' building permit,
erroneously implying that the property owner is providing his or her
own labor and material personally.  Building permits are not required
to be signed by property owners unless they are performing their own
work personally.
   "Information about licensed contractors may be obtained by
contacting the Contractors' State License Board's automated telephone
information system at 1-800-321-CSLB (2752) or by accessing their
Web site at www.CSLB.ca.gov.
   "Please complete and return the enclosed owner-builder
verification form so that we can confirm that you are aware of these
matters. The building permit will not be issued until the
verification is returned.
   Very truly yours,
   "(Name of permitting agency)".
19831.  A city or county, which is required to give notice pursuant
to Section 19830, shall attach to such notice, and, as a condition
precedent to issuing a building permit, require the completion and
require the return of, an owner-builder verification in substantially
the following form:
      "OWNER-BUILDER VERIFICATION
   "Attention Property Owner:
   "An "owner-builder' building permit has been applied for in your
name and bearing your signature.
   "Please complete and return this information in the envelope
provided at your earliest opportunity to avoid unnecessary delay in
processing and issuing your building permit.  No building permit will
be issued until this verification is received.
   1. I personally plan to provide the major labor and materials for
construction of the proposed property improvement (yes or no) ____.
   2. I (have/havenot) ____ signed an application for a building
permit for the proposed work.
   3. I have contracted with the following person (firm) to provide
the proposed construction:
Name ________
Address ________   City ______
Phone ____   Contractors License No. ____
   4. I plan to provide portions of the work, but I have hired the
following person to coordinate, supervise, and provide the major
work:
Name ________
Address ________   City ______
Phone ____   Contractors License No. ____
   5. I will provide some of the work but I have contracted (hired)
the following persons to provide the work indicated:
     Name         Address         Phone         Type of Work
     ________________________________________________________
     ________________________________________________________
     ________________________________________________________
     ________________________________________________________
     ________________________________________________________
     ________________________________________________________
     ________________________________________________________
Signed:
Property owner ________
Date:  ________".
19832.  A city or county, whether general law or chartered, shall
transmit the notice required pursuant to Section 19830 and the
owner-builder verification required pursuant to Section 19831 by mail
to the property owner applying for the owner-builder building permit
or may provide the notice or the verification in person to the
person applying for the building permit only if that applicant
presents identification sufficient to identify himself or herself as
the property owner.  The return of the owner-builder verification
shall be a condition precedent to issuance of the building permit.
   However, no city or county or its employees shall be responsible
for determining the truth or accuracy of the declarations in the
owner-builder verification, 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.


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