Cal. Government Code - GOV 14. — CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345. - 66345.4.] | Government Code - GOV — California

Cal. Government Code - GOV § 66345. Section 66345.

The Legislature finds and declares all of the following: (a) Small, independent restaurants are essential to California’s identity as a world-renowned culinary destination and reflect the state’s diversity, agricultural abundance, and tradition of culinary innovation. (b) Family-owned restaurants serve as cultural anchors in their communities, preserving and sharing diverse food traditions across generations while creating spaces for community gathering and celebration. (c) The restaurant industry is one of California’s largest small business employers, providing critical first jobs, career advancement opportunities, and pathways to business ownership for immigrant entrepreneurs and historically underserved communities. (d) California’s restaurant sector is a vital component of the state’s tourism industry, with food tourism generating substantial economic activity in communities throughout the state. (e) Local restaurants play a crucial role in supporting California’s agricultural sector by sourcing ingredients from local farms and food producers, contributing to the state’s farm-to-table movement and sustainable food systems. (f) Delays in municipal building plan review processes can create significant economic hardship for small business owners. (g) Qualified licensed architects and engineers can supplement municipal plan review capacity while maintaining public safety standards. (h) An expedited review process for food service establishments will promote economic development while ensuring compliance with all applicable health and safety requirements.

Cal. Government Code - GOV § 66345.1. Section 66345.1.

For purposes of this chapter, all of the following definitions apply: (a) “Qualified professional certifier” means an architect licensed pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a professional engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who meets both of the following conditions: (1) Has at least five years of experience in commercial building design or plan review. (2) Maintains professional liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence. (b) “Restaurant” means a retail food establishment that prepares, serves, and vends food directly to the consumer and is not a fast food restaurant, as that term is defined in Section 1474 of the Labor Code. (c) “Tenant improvement” means a change to the interior of an existing building.

Cal. Government Code - GOV § 66345.2. Section 66345.2.

(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.

Cal. Government Code - GOV § 66345.3. Section 66345.3.

This chapter does not prohibit a local building department from charging permit fees for applications utilizing a qualified professional certifier.

Cal. Government Code - GOV § 66345.4. Section 66345.4.

(a) Qualified professional certifiers shall be liable for any damages arising from negligent plan review pursuant to this chapter. (b) The applicant shall indemnify the local agency from any property damage or personal injury arising from construction permitted pursuant to this chapter. (c) Notwithstanding Section 815.6, a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any permit pursuant to this chapter.