(a)
(1)A local building department shall allow, upon request from an applicant for a permit for a tenant improvement relating to a restaurant, a qualified professional certifier to certify, at the applicant’s expense, compliance with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards, for the tenant improvement.
(2)A tenant improvement relating to a restaurant certified pursuant to this chapter shall comply with all applicable building, health, and safety codes, including, but not limited to, building standards
approved by the California Building Standards Commission and local building standards, in effect at the time the application for a permit
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(a)
(1)
A local building department shall allow, upon request from an applicant for a permit for a tenant improvement relating to a restaurant, a qualified professional certifier to certify, at the applicant’s expense, compliance with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards, for the tenant improvement.
(2)
A tenant improvement relating to a restaurant certified pursuant to this chapter shall comply with all applicable building, health, and safety codes, including, but not limited to, building standards
approved by the California Building Standards Commission and local building standards, in effect at the time the application for a permit is submitted.
(b)
(1)
(A)
A qualified professional certifier shall prepare an affidavit, under penalty of perjury, attesting that the tenant improvement plans and specifications comply with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards.
(B)
A qualified professional certifier or the applicant shall prepare an affidavit, under penalty of perjury, attesting that the restaurant for which the tenant improvement is constructed meets the requirements of subdivision (b) of
Section 66345.1.
(2)
The local building department shall approve or deny the application within 20 business days of receiving a complete application, including the affidavits specified in paragraph (1).
(3)
If the local building department does not approve or deny the application within 20 business days of receiving a complete application, including the affidavits specified in paragraph (1), a certified plan shall be deemed approved for permitting purposes, provided that all fees and required documents have been submitted.
(4)
If a complete application is denied within the
20-business-day period described in paragraph (2), the applicant may resubmit corrected plans addressing the deficiencies identified in the initial denial. The local building department’s review of each subsequent resubmission shall be limited to correcting the deficiencies identified in the initial denial. The local building department shall approve or deny each subsequent resubmission within 10 business days of receipt.
(c)
(1)
Each local building department shall conduct a random audit of no less than 20 percent of all tenant improvements submitted per week for certification under this chapter.
(2)
Audits shall be initiated within five business days following permit issuance and shall include a review of the submitted plans for compliance with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local
building standards.
(3)
If an audit reveals material noncompliance, the local building department shall provide a plan check correction notice within 10 business days of the audit’s initiation.
(d)
(1)
Certification under this chapter does not exempt a tenant improvement from other mandatory construction inspections, including, but not limited to, fire, health, and structural inspections conducted during or after construction.
(2)
This chapter does not limit the authority of the local health department under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code).
(3)
This chapter shall not apply to tenant improvements subject to plan review requirements under the California Retail Food Code (Article 1 (commencing with Section 114380) of Chapter 13 of Part 7 of Division 104 of the Health and Safety Code).
(e)
Any false statement in a certification submission made under this chapter shall be grounds for disciplinary action by the California Architects Board, pursuant to Section 5586.5 of the Business and Professions Code, or the Board for Professional Engineers, Land Surveyors, and Geologists,
pursuant to Section 6775 of the Business and Professions Code, as applicable.
(f)
A city or county may adopt, by ordinance, additional qualifications or requirements for a qualified professional certifier, including, but not limited to, any of the following:
(1)
A requirement to register with the city or county prior to certifying plans pursuant to this chapter.
(2)
Training requirements that must be completed prior to certifying plans pursuant to this chapter.
(3)
Payment of fees not to exceed the reasonable cost of implementing this chapter.
(4)
Penalties that may include
decertification as a qualified professional certifier in that jurisdiction or reasonable administrative fines for either of the following:
(A)
Willful noncompliance with the requirements of this chapter.
(B)
Two or more instances in which the qualified professional certifier attested to certifying noncompliant plans pursuant to this chapter.