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New state laws reshape private plan checking and permit timelines for DBI
Summary
Commissioners heard a detailed briefing on state legislation — including AB 253 and AB 671 on private professional plan checking, AB 818 on expedited disaster replacement permits, SB 543 on ADU timelines, and others — and raised questions about implementation, auditing and DBI’s ability to vet private certifiers.
The Building Inspection Commission on Nov. 14 received a state-legislation update outlining several bills that change permitting options and deadlines for residential and certain commercial projects.
Tate Hanna, legislative affairs manager for DBI, summarized major provisions commissioners should expect when many of the laws take effect on Jan. 1, 2026. Highlights included AB 253, which allows applicants to use a private professional plan checker for residential projects (up to 10 units and 40 feet in height) if DBI cannot complete plan review within 30 days; the private certifier must be a licensed architect or engineer without a financial interest in the project and must submit an affidavit attesting compliance with state and local laws. DBI then has 10 days to review the affidavit and either approve or issue comments.
AB 671 covers private plan checking for restaurant tenant improvements and requires DBI to audit 20% of such permits each week. Hanna said AB 671 differs from AB 253 because the applicant can use it regardless of DBI’s stated timeline.
Other measures discussed include AB 818 (10-day review for replacement buildings after a declared local disaster), SB 543 (clarifies post-entitlement permitting timelines for ADUs and junior ADUs), AB 920 (a requirement to provide a centralized online portal for housing development projects by Jan. 1, 2028), SB 489 (post completeness-criteria posting requirements), and AB 1308 (inspection timelines for completed work for specified residential projects).
Commissioners pressed staff about safeguards and enforcement for affidavits under AB 253. Commissioner Kalamucci asked whether DBI could require a preapproved vendor list; Hanna said the law forbids restricting who an applicant can hire and that the department lacks the statutory authority to mandate a prequalified roster. DBI staff noted existing safeguards: potential licensing repercussions for architects/engineers who submit false affidavits, DBI’s 10-day review window to issue comments, the department’s ability to audit submittals, and reporting to state licensing boards when appropriate.
Deputy Director David Cain told commissioners DBI is working on internal standards and monitoring processes for private plan checking and will use audits and the expanded compliance-control list to flag repeat deficient providers.
Provenance: The state legislation briefing and subsequent commissioner Q&A begin with the presentation and extend through commissioners’ questions about AB 253 enforcement and auditing.
