2010 California Code
Health and Safety Code
Article 1. Enforcement Agencies

17960.  The building department of every city or county shall
enforce within its jurisdiction all the provisions published in the
State Building Standards Code, the provisions of this part, and the
other rules and regulations promulgated pursuant to the provisions of
this part pertaining to the erection, construction, reconstruction,
movement, enlargement, conversion, alteration, repair, removal,
demolition, or arrangement of apartment houses, hotels, or dwellings.



17960.1.  (a) The governing body of a local agency may authorize its
enforcement agency to contract with or employ a private entity or
persons on a temporary basis to perform the plan-checking function.
   (b) A local agency need not enter into a contract or employ
persons if it determines that no entities or persons are available or
qualified to perform the plan-checking services.
   (c) Entities or persons employed by a local agency may, pursuant
to agreement with the local agency, perform all functions necessary
to check the plans and specifications to comply with other
requirements imposed pursuant to this part or by local ordinances
adopted pursuant to this part, except those functions reserved by
this part or local ordinance to the legislative body. A local agency
may charge the applicant fees in an amount necessary to defray costs
directly attributable to employing or contracting with entities or
persons performing services pursuant to this section which the
applicant requested.
   (d) When there is an excessive delay in checking plans and
specifications submitted as a part of an application for a
residential building permit, the local agency shall, upon request of
the applicant, contract with or employ a private entity or persons on
a temporary basis to perform the plan-checking function subject to
subdivisions (b) and (c).
   (e) For purposes of this section:
   (1) "Enforcement agency" means the building department or building
division of a local agency.
   (2) "Excessive delay" means the enforcement agency of a local
agency has taken either of the following:
   (A) More than 30 days after submittal of a complete application to
complete the structural building safety plan check of the applicant'
s set of plans and specifications which are suitable for checking.
For a discretionary building permit, the time period specified in
this paragraph shall commence after certification of the
environmental impact report, adoption of a negative declaration, or a
determination by the local agency that the project is exempt from
Division 13 (commencing with Section 21000) of the Public Resources
Code.
   (B) Including the days actually taken in (A), more than 45 days to
complete the checking of the resubmitted corrected plans and
specifications suitable for checking after the enforcement agency had
returned the plans and specifications to the applicant for
correction.
   (3) "Local agency" means a city, county, or city and county.
   (4) "Residential building" means a one-to-four family detached
structure not exceeding three stories in height.



17960.5.  The building standards for residential buildings in
Chapter 2-53 of Part 2, and Chapter 4-10 of Part 4, of Title 24 of
the California Administrative Code effective July 13, 1982, shall not
apply to the construction of new residential housing projects which
received approval by an advisory agency or other appropriate local
agency on or before June 15, 1982, provided application for the
permits to construct single-family detached dwellings are submitted
or filed on or before June 15, 1983, and the application for all
other residential building permits are submitted or filed on or
before December 31, 1983.
   For the purposes of this section, "approval" includes, but is not
limited to, approval or conditional approval of a tentative
subdivision or tentative parcel map or parcel map pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7 of the Government Code), condominium plan or other permit for
a residential housing project.



17960.10.  The building department, housing department, or health
department enforcing any of the provisions of this part may develop a
list of public or publicly funded private agencies that finance or
assist residential rehabilitation or repair activities for real
property owners or renters. Notwithstanding any other provision of
law, the staff of that department may provide written or oral
referrals to any of those financing or assistance agencies in
conjunction with, or as a result of, any inspection, notice of
violation, or other activity and may include on the list any loan or
grant program operated by the city, county, or city and county
employing that staff.



17961.  (a) The housing or building department or, if there is no
building department acting pursuant to this section, the health
department of every city, county, or city and county, or any
environmental agency authorized pursuant to Section 101275, shall
enforce within its jurisdiction all of this part, the building
standards published in the State Building Standards Code, and the
other rules and regulations adopted pursuant to this part pertaining
to the maintenance, sanitation, ventilation, use, or occupancy of
apartment houses, hotels, or dwellings. The health department or the
environmental agency may, in conjunction with a local housing or
building department acting pursuant to this section, enforce within
its jurisdiction all of this part, the building standards published
in the State Building Standards Code, and the other rules and
regulations adopted pursuant to this part pertaining to the
maintenance, sanitation, ventilation, use, or occupancy of apartment
houses, hotels, or dwellings. Each department and agency, as
applicable, shall coordinate enforcement activities with each other
and interested departments and agencies in order to avoid unnecessary
duplication.
   (b) Notwithstanding subdivision (a), the health department of
every city, county, or city and county, or any environmental agency
authorized pursuant to Section 101275 may, in addition to the local
building department, if any, enforce within its jurisdiction the
provisions of Section 17920.10 and shall coordinate enforcement
activities with other interested departments and agencies in order to
avoid unnecessary duplication.
   (c) The State Department of Health Services may enforce Section
17920.10 if any local agency or department specified in subdivisions
(a) and (b) enters into a written agreement, approved and published
pursuant to local government procedures, with the State Department of
Health Services to enforce that section, or provides the State
Department of Health Services with a written request to enforce that
section for a specific case following the identification of a lead
poisoned child in that jurisdiction.



17962.  The chief of any city or any county fire department or
district providing fire protection services, and their authorized
representatives, shall enforce in their respective areas all those
provisions of this part, the building standards published in the
State Building Standards Code relating to fire and panic safety, and
those rules and regulations promulgated pursuant to the provisions of
this part pertaining to fire prevention, fire protection, the
control of the spread of fire, and safety from fire or panic.



17964.  By charter, ordinance, or resolution, a city, county, or
city and county may designate and charge a department organized to
carry out the purposes of this part, or an officer charged with the
responsibility of carrying out this part, with the enforcement of
this part, the building standards published in the California
Building Standards Code, or any other rules and regulations adopted
pursuant to this part for the protection of the public health,
safety, and general welfare as set forth in Section 17921. However,
this section shall apply to the duties and responsibilities
enumerated in Section 17962 only if, in the area involved, there is
no city, county, or city and county fire department or district
providing fire protection services. By March 1 of each year, the
designated department or officer shall provide in writing to the
department the name, address, telephone number, and contact person of
the designated department or officer.


17965.  Where there is no local enforcement agency charged with the
enforcement of this part pursuant to Section 17964, and to the extent
that enforcement responsibility is not assigned to a local
enforcement agency pursuant to Section 17960, 17961, or 17961.5, the
department shall enforce all the applicable provisions of this part,
the building standards published in the State Building Standards
Code, and other rules and regulations promulgated by the department
pursuant to the provisions of this part, or alternative standards
adopted by a city or county pursuant to this part, pertaining to
apartment houses, hotels, or dwellings.


17966.  Cities or counties or fire protection districts may contract
with the department for assistance by the department in the
enforcement of the applicable provisions of this part, the building
standards published in the State Building Standards Code, and the
other rules and regulations promulgated pursuant to the provisions of
this part within such cities or counties. Such contracts shall
contain provisions for the payment of the costs of such enforcement,
or portions thereof, as may be determined by the department.



17967.  The department may examine the records of the various city,
city and county, or county departments charged with the enforcement
of building standards published in the State Building Standards Code
and the other rules and regulations promulgated pursuant to the
provisions of this part and secure from them reports and copies of
their records at any time. The department shall pay the cost of
duplicating such records.