Every application for a permit simplicity project shall include all of the following attachments:
(A) Evidence of all necessary approvals that are a condition precedent to issuance of a permit;
(B) Proof of insurance - The permit simplicity certified professional shall submit proof of insurance which satisfies all of the following:
(1) The permit simplicity certified professional shall furnish to the department a certificate of professional liability insurance and necessary endorsements, issued by an insurer authorized to do business in California, with a Bests' rating of no less than A:V111. The insurance required by this section shall have a limit of not less than $1,000,000 per claim and $1,000,000 in the aggregate for all claims made during the policy period covering the permit simplicity certified professional's errors and omissions.
(2) The endorsement shall state that coverage shall not be suspended, voided or cancelled by the permit simplicity certified professional, or reduced in coverage or in limits, except after 30 days' prior written notice by hand delivery or certified mail, return receipt requested, to the department.
(3) The permit simplicity certified professional shall maintain insurance, at his or her own cost, for at least five years after the project is complete. If the permit simplicity certified professional fails to maintain this required insurance coverage, the department reserves the right to revoke the permit simplicity certified professional's eligibility to participate in the permit simplicity program and to revoke the permit for any project pending at the time of the non-compliant insurance.
(C) Professional of record certification statement - The permit simplicity certified professional shall submit, on a form prepared by the department, a professional of record certification statement certifying as to all of the following:
(1) The permit simplicity certified professional satisfies the requirements of section 26-20 of this chapter.
(2) Within the previous five years, the permit simplicity certified professional has not been convicted, found liable of, or determined by the building official to have committed any of the following:
(a) Knowingly making a false statement of material fact on or in connection with any permit application;
(b) Knowingly submitting in support of a permit application any document containing false or fraudulent information; or
(c) Knowingly affixing a false signature to any permit application.
(3) The application and every page of the accompanying plan(s) stamped by the permit simplicity certified professional:
(a) Were prepared by, under the direct supervision of, or reviewed by the permit simplicity certified professional;
(b) Are complete; and
(c) Are, as of the date of submission, in accordance with the requirements of the department's building construction code and all other applicable laws pertaining to public health and safety.
(4) The application and all technical submissions made by the permit simplicity certified professional in connection with the permit simplicity certified project were prepared in accordance with and meet the standard of care required of the permit simplicity certified professional's profession.
(5) All information and assertions made by the permit simplicity certified professional in the permit application and documents submitted in support of such permit application are true and correct to the best of the individual's knowledge.
(6) If the permit simplicity certified professional becomes aware of any false or inaccurate statement in the permit application, accompanying plans or any document submitted in support of such permit application, regardless of whether such false or inaccurate statement was made by such permit simplicity certified professional or by his or her agent, employee, or other person, the permit simplicity certified professional shall immediately take all measures necessary to correct the false or inaccurate statement and notify the department.
(7) The permit simplicity certified professional understands that the building official will rely upon the truth and accuracy of the certifications contained in the Professional of Record Permit Simplicity Certification Statement as the basis for issuing a permit under the Permit Simplicity Certification Permit Program.
(8) The permit simplicity certified professional understands that the permit simplicity certified project identified in the permit application is being approved for a permit subject to audit and/or field inspection by the department and the permit is subject to revocation by the building official if necessary or appropriate to protect public health or safety.
(9) If the department determines that the submitted plans do not conform to the requirements of the city's building codes, or other applicable laws pertaining to public health and safety, the permit simplicity certified professional agrees to submit revised plans to the department in a timely manner and to take all remedial measures within the permit simplicity certified professional's control to bring the submitted plans, and any construction which has occurred in reliance on those plans, into conformity with those requirements.
(10) The permit simplicity certified professional understands that the failure to submit any required plan revisions to the department in a timely manner will result in automatic suspension of the permit simplicity certified professional's eligibility to participate in the Permit Simplicity Certification Program, until such time that a plan revision is submitted to the department and/or the matter is resolved to the satisfaction of the department.
(11) The permit simplicity certified professional understands that failure to take all remedial measures within his or her control to bring the submitted plans and any construction thereunder into compliance with the city's building construction codes, or other applicable laws pertaining to public health and safety shall result in revocation of the permit simplicity certified professional's eligibility to participate in the Permit Simplicity Certification Program and may result in notification of such fact to the appropriate State agencies.
(12) The permit simplicity certified professional understands the city retains all authority over the enforcement and administration of the city's building codes, and other applicable laws pertaining to public health and safety, and the city does not delegate this authority to the permit simplicity certified professional by his or her participation in the Permit Simplicity Program. The city retains the right to refuse to issue a permit under the Permit Simplicity Program for any project that does not meet the requirements of the Program.
(D) Owner/tenant certification statement - The permit simplicity certified professional shall submit, on a form prepared by the department, an Owner/Tenant Certification Statement. The owner, and tenant if applicable, shall each sign and date the Owner/Tenant Certification Statement, certifying that the owner, and tenant if applicable:
(1) Authorizes the work of all professionals and consultants named in the permit application and accompanying plans;
(2) Agrees to take all measures necessary to correct any misrepresentation or falsification of facts made knowingly or negligently in the permit application or in any document submitted in support of such application by the owner or tenant, as applicable, or by such owner's or tenant's agents, contractors or employees;
(3) Understands that submitting a permit application as part of the Permit Simplicity Program means that city officials are relying on certification by the permit simplicity certified professional that the project conforms with the city's building codes, and other applicable laws pertaining to public health and safety;
(4) Understands that the permit simplicity certified project is being approved for a permit subject to audit and field inspection by the department;
(5) Agrees to take all remedial measures necessary to bring the plans and all construction completed under the permit for the project into conformity with requirements of the city's building codes, and other applicable laws pertaining to public health and safety;
(6) Understands that the city retains the right to refuse to issue a permit under the Permit Simplicity Program for any project that does not meet the requirements of the Program; and
(7) Understands that the building official, or his or her designee, may revoke any permit issued under the Permit Simplicity Certification Program at any time if the building official, or his or her designee, believes that the permitted project or any portion thereof poses a threat to public health or safety.
(E) Hold harmless letters - The permit simplicity certified professional is required to submit to the department, on a form provided by the department, two hold harmless letters. One letter shall be signed and dated by the owner/tenant, and the second letter shall be signed and dated by the permit simplicity certified professional. By signing the letter the signatory certifies that:
(1) The signatory agrees to protect, defend, with counsel acceptable to the city, indemnify and hold harmless the city and its officers, representatives, managers and employees against any and all claims, liabilities, judgments, costs, expenses, delays, demands or injuries arising out of or in any way connected with the design, construction, code compliance review or issuance of a permit for the project identified in the permit application;
(2) If construction is contrary to the city's building codes, other applicable laws pertaining to public health and safety, or to any permit issued under the Permit Simplicity Certified Program, the signatory shall, without undue delay, remove or modify, at the signatory's own cost and expense, any component of such construction that does not conform to those requirements;
(3) Nothing in this letter should be construed to negate, waive or otherwise reduce any other right or obligation of indemnity that may exist in the favor of the city; and
(4) The signatory acknowledges that the project may be subject to enforcement citations even if construction is in accordance with the plans approved as part of a project submitted under the Permit Simplicity Program.
(F) Reasonable Hardship Plan for Americans with Disabilities Act compliance and the accessibility requirements of the California building code.
(Ord. No. 2991)