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AB-827 Homeless Coordinating and Financing Council.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB827:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 827


Introduced by Assembly Member Robert Rivas

February 17, 2021


An act to amend Section 19870 of the Health and Safety Code, relating to building standards. add Sections 8257.1, 8257.2, and 8257.3 to the Welfare and Institutions Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 827, as amended, Robert Rivas. Building standards: plans and specifications. Homeless Coordinating and Financing Council.
Existing law establishes the Homeless Coordinating and Financing Council and specifies various goals for the council, including, among others, creating partnerships with specified entities, including the United States Department of Housing and Urban Development’s Continuum of Care Program and identifying resources, benefits, and services that can be accessed to prevent and end homelessness in California.
This bill would require the council to develop and publish an action plan to implement those provisions on or before June 1, 2022. The bill would require the council, on an annual basis, to review that action plan and hold a stakeholder meeting to determine whether the action plan’s goals are being met. The bill would require the council to address the above-described specified goals on or before June 1, 2022. The bill would also require the council to collaborate with the United States Department of Housing and Urban Development to develop a statewide best practices guide that addresses and tackles homelessness to disseminate to local agencies and organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. The bill would require those agencies and organizations to follow those practices as a condition of receiving state funding.

Existing law prohibits an enforcement agency, as a result of construction inspection, from imposing 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 a list of specific circumstances applies, including that the permit is deemed suspended or revoked pursuant to the latest adopted version of the Uniform Building Code, as provided.

This bill would recast the above-described provision to the Uniform Building Code and would make other nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8257.1 is added to the Welfare and Institutions Code, to read:

8257.1.
 (a) The Homeless Coordinating and Financing Council shall develop and publish an action plan to implement this chapter on or before June 1, 2022.
(b) The council shall, on an annual basis, review the action plan developed pursuant to subdivision (a) and hold a stakeholder meeting to determine whether the action plan’s goals are being met.

SEC. 2.

 Section 8257.2 is added to the Welfare and Institutions Code, to read:

8257.2.
 (a) The Homeless Coordinating and Financial Council shall address the goals identified in subdivision (b) of Section 8257 on or before June 1, 2022.
(b) In implementing subdivision (a), the council shall place an emphasis on the coordination of statewide efforts to combat homelessness.

SEC. 3.

 Section 8257.3 is added to the Welfare and Institutions Code, to read:

8257.3.
 The Homeless Coordinating and Financing Council shall collaborate with the United States Department of Housing and Urban Development to develop a statewide best practices guide that addresses and tackles homelessness to disseminate to local agencies and organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. Those agencies and organizations shall be required to follow the best practices guide as a condition of receiving state funding.

SECTION 1.Section 19870 of the Health and Safety Code is amended to read:
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 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 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.