2010 California Code
Health and Safety Code
Chapter 11. Plans And Specifications For Development

19870.  (a) As a result of construction inspection, an enforcement
agency shall not impose a new or modified building standard different
from those specified in the plans and specifications approved during
plan checking functions for which a building permit is issued,
unless the enforcement agency determines that any of the following
apply:
   (1) The standard is necessary to correct a violation of the
governing code or standard and to protect the public health or
safety.
   (2) The plans and specifications did not reference the standard or
were not in sufficient detail.
   (3) There is a deviation, addition, or deletion from the plan.
   (4) There are modifications to the plan by the permittee.
   (5) The permit is deemed expired because the building or work
authorized by the permit is not commenced within 180 days from the
date of the permit, or the permittee has suspended or abandoned the
work authorized by the permit at any time after the work is
commenced.
   (6) The permit is deemed suspended or revoked pursuant to
subdivision (e) of Section 303 of the latest adopted version of the
Uniform Building Code.
   (b) As used in this chapter:
   (1) "Building standard" means a building standard as defined in
Section 18909, or other standard adopted by a local agency pursuant
to Section 17958 or subdivision (c) of Section 18941.5, that was
effective on the date of the application for the building permit.
   (2) "Enforcement agency" means any department of a local agency
that has the authority to inspect a construction or renovation
project and enforce health, safety, or building codes including, but
not limited to, the building department or building division, the
fire department or fire district, and the health department.
   (3) "Local agency" means a city, county, or city and county.
   (4) "Plans and specifications" mean the plans, drawings, and
specifications for a construction or renovation project, for which a
building permit was issued, which relates to buildings classified for
occupancy as a building of Group A, B, and R-1, pursuant to the
1991, Edition of the Uniform Building Code of the International
Conference of Building Officials.
   (5) "Building inspector" means any employee or contractor of an
enforcement agency who performs inspections of a construction or
renovation project for the purpose of assuring compliance with
adopted uniform building codes and standards.
   (6) "Supervisor" means any employee of any enforcement agency to
whom a building inspector reports and who is responsible for
reviewing a building inspector's project approvals or denials or
modification orders.
   (7) "Permittee" means a building owner, building property manager,
or authorized representative to whom a building permit is issued by
the enforcement agency.
   (c) (1) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (1) of subdivision (a), the building inspector, within two
working days of ordering the standard shall provide the permittee, in
writing on a form prescribed by the enforcement agency, a
description of the specific threat to public health and safety and
the section of the applicable building code or standard that has been
violated or not complied with, and the interpretations and reasons
for differing from the approved plans and specifications.
   (2) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (2) of subdivision (a), the building inspector, within two
working days of ordering the standard, shall provide the permittee,
in writing on a form prescribed by the enforcement agency, the
applicable building code or standard that has been violated or not
complied with, and a description of how that standard is applicable
and necessary to the construction or renovation project for which the
building permit is issued.
   (3) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (3) or (4) of subdivision (a), the building inspector,
within two working days of ordering the standard, shall provide the
permittee, in writing on a form prescribed by the enforcement agency,
the applicable building code or standard that has been violated or
not complied with, and the deviations, additions, or deletions from,
or the modifications to, the plan, as the case may be, which results
in a violation or noncompliance with an applicable building code or
standard.
   (d) If an enforcement agency requires a new or modified building
standard that the permittee certifies to the enforcement agency would
result in a cumulative increase in the overall cost of the
construction or renovation project of 10 percent or more, all
findings made by a building inspector pursuant to subdivision (c)
shall be reviewed and approved in writing by the supervisor of the
construction inspector within five working days of the order for a
new or modified building standard. No certificate of occupancy may be
denied if the findings of a construction supervisor are not so
approved.
   (e) A copy of all findings made by the building inspector pursuant
to subdivision (c) shall be sent to the department within the local
agency that is responsible for reviewing and approving the plans and
specifications during the plan checking functions for which the
building permit is issued.
   (f) Compliance with subdivisions (c) and (d) shall not be required
if, at the time an enforcement agency imposes a new or modified
building standard, the building inspector, the building inspector's
supervisor, and the permittee consult with one another within two
working days of imposing the standard, and the permittee agrees with
the enforcement agency's order.


19872.  (a) An enforcement agency may require as a condition of
receiving a building permit, that a permittee participate in a
preconstruction conference prior to completion of plan checking of
the permittee's submitted plans and specifications for the purpose of
reviewing the plans to ensure consistency of building code
interpretations, and adequacy and sufficiency of plan details.
   (b) If an enforcement agency requires a preconstruction
conference, that enforcement agency shall request the participation
of any other appropriate enforcement agencies of the local agency who
may inspect a construction or renovation project.
   (c) An enforcement agency may require the permittee to maintain at
the site of the construction or renovation project, a set of plans
and specifications that reflect any points of discussion,
understandings, and agreements derived from the preconstruction
conference.