4-0-3 Permit Expirations, Time Limits, Extensions and Renewals
Purpose
To provide information to staff and the public regarding application and permit time limits and to establish procedures to:
- assist customers with an expired permit application(s) and an expired permit(s);
- ensure that applications and/or permits are extended and/or renewed to complete the project, and the project receives all required approvals; and
- assess applicable fees.
General
Permit submittal packages, applications and issued permits have finite time limits wherein the submittal package, application or permit needs to continue or becomes expired. Submittals, applications, and permits can be extended prior to expiration while applications and permits can be renewed after expiration. The specifics and procedures are detailed below.
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Submittal Packages
- A submittal package is an application prior to being deemed complete or prior to payment being received.
- If a submittal package is not made complete within 90 days from the date of an incompleteness notification, the submittal package shall be void.
- If a submittal package is not paid within 90 days from the date of invoice, the submittal package shall be void.
- Upon request, the chief building official or designee may extend these time periods when such extension is warranted. The written request shall present the reasons for the requested time extension.
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Applications
- Application Time limit: If no permit is issued within one year from being deemed complete and receipt of payment, whichever is later, the application shall expire by limitation unless extended per this policy.
- Application Extension: Prior to expiration, the applicant may request an extension in writing and demonstrate justifiable cause for the extension. Upon receipt of the request, the chief building official or designee may grant one or more extensions of time for periods of not more than 180 days per extension. There is no fee for an extension.
- Application Renewal: After expiration, the applicant may request a renewal in writing and demonstrate justifiable cause for the renewal. Upon receipt of the request, the chief building official or designee may grant one or more renewals of not more than 180 days per renewal. Fees shall be charged on an “at-cost” basis with a half-hour minimum.
- Change in Scope: If the scope of the project changes significantly, neither an extension nor a renewal is allowed. A new application is required.
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Issued Permits
- Permit Time Limit: An issued permit shall become invalid unless the work authorized by such permit is commenced within 12 months after the date of issuance. Commencement for structures means construction of all (100%) of the foundation based on Permit Sonoma’s inspection records. Commencement for non-structures (grading, septic systems, etc.) or for structures without foundation work (remodels, tenant improvements, etc.) means the start of construction based on Permit Sonoma’s inspection records.
An issued permit that has commenced work will remain valid provided there is at least one approved inspection, including partial approvals, within 12 months from the date of commencement or from the last approved inspection, including partials. After each approved inspection, the permit is auto-extended one year. If there is any continuous 12-month period without an approved inspection, including partial approvals, the permit is considered abandoned and invalid and is deemed expired. - Permit Extension: Prior to permit expiration, the permittee may request an extension in writing and demonstrate justifiable cause for the extension. Upon receipt of the written request, the chief building official or designee may grant one or more extensions of time for periods of not more than 180 days per extension. There is no fee for an extension.
- Permit Renewal: Following permit expiration, the applicant may request a renewal in writing and pay a renewal fee. To recommence work on an expired permit, the expired permit needs to be renewed. Fees shall be charged on an “at-cost” basis with a half-hour minimum.
- Change in Scope: If the scope of the project changes significantly, neither an extension nor a renewal is allowed. A new application will be required.
- Permit Time Limit: An issued permit shall become invalid unless the work authorized by such permit is commenced within 12 months after the date of issuance. Commencement for structures means construction of all (100%) of the foundation based on Permit Sonoma’s inspection records. Commencement for non-structures (grading, septic systems, etc.) or for structures without foundation work (remodels, tenant improvements, etc.) means the start of construction based on Permit Sonoma’s inspection records.
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Permits to Legalize Violations
- Permits to legalize violations are not subject to the time limits within policy 4-0-3.
- All requests for additional time will be referred to the Code Enforcement Division who will set time limits for permit to legalize violations on a case-by-case basis.
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Properties with Expired Permits
- Upon receipt of a new permit application, Permit Sonoma staff will review the property permit history for expired permits and the date(s) of expiration.
- If the new permit application is unrelated to work authorized under an expired permit, the expired permit will not require renewal and Permit Sonoma staff will process the new permit application. The property owner will not be required to obtain a final on those expired permits as a condition to receiving a separate new permit.
- If the new permit application covers the same work as an expired permit, Permit Sonoma staff will evaluate a permit renewal. If a permit renewal is in accordance with this policy, Permit Sonoma staff will pursue a permit renewal unless directed otherwise by the applicant.
- If the new permit application expands upon the work of the expired permit, a new permit application will be pursued and will encompass the expired work and the new work.
- If there is a Code Enforcement violation on the same parcel as a new permit application, the new permit application will be routed to Code Enforcement to determine if the code violation is to be addressed prior to processing the new permit application.
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Permit Types Covered
- This policy encompasses the permit types listed in the Permit Type table presented in the Procedure section below.
Authority
- Sonoma County Code Section 7-13
- Sonoma County Code Chapter 11
- Sonoma County Code Chapter 25B
- California Building Code, Part 2, Volume 1, Chapter 1, Division II
- California Residential Code, Part 1, Chapter 1, Division II
Procedure
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Extension and Renewal Requests
To facilitate an extension or a renewal, an applicant first needs to request such an extension or renewal. Requests can be sent to the following email addresses based on the type of permit.
Permit Type Contact Email Address Building permits PermitSonoma-BuildingPlanCheck@sonomacounty.gov Encroachment Permits PermitSonoma-Engineering@sonomacounty.gov Grading permits PermitSonoma-Engineering@sonomacounty.gov Graywater Permits PermitSonoma-Well-Septic@sonomacounty.gov Rainwater Permits PermitSonoma-Well-Septic@sonomacounty.gov Sanitation Permits PermitSonoma-Engineering@sonomacounty.gov Septic Permits PermitSonoma-Well-Septic@sonomacounty.gov Storm Water PermitSonoma-Engineering@sonomacounty.gov Violation Related Permits PRMD-Enforcement@sonomacounty.gov Water System Permits PermitSonoma-Engineering@sonomacounty.gov Well Permits PermitSonoma-Well-Septic@sonomacounty.gov Both an extension request and a renewal request are requests for more time. Extensions are for applications or issued permits that have not yet expired. Renewals are for applications or issued permits that have expired. Applicants might misuse the terms “extension” or “renewal” or request an extension when they should ask for a renewal. As such Permit Sonoma staff should treat a request for more time based on the permit status and process accordingly. Permit Sonoma staff should not reject a request solely based on incorrect terminology.
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General Process Steps
These process steps apply to all requests for additional time.
- An applicant makes a request to extend their application or to renew their issued permit in writing. The request needs to include the permit number and the justification for the extension or renewal. The request needs to be sent to the appropriate email address listed above.
- Permit Sonoma staff will notate the request in the application record, upload the written request and forward the request to the chief building official or designee.
- The chief building official or designee will evaluate the request including the record status, the original expiration date, the date of the request, the time lapse between the two dates, the inspection record, and the justification for the additional time.
- Upon review, the chief building official or designee will reply to the email request stating the result of the request and notate the result in the application record.
- Extension and renewal requests will re-use the original permit numbers. New permit numbers are only needed for new permits when an extension or renewal is not appropriate.
- Projects with significant changes require a new permit application and the request for additional time will be denied. The decision of significant changes shall be at the discretion of the chief building official or designee.
- Requests related to an application to correct a violation are to be forwarded to the Code Enforcement Division.
- The renewed permit will be used for all work necessary to finish the project, including work already completed that has not been previously inspected and approved by the department.
- The applicable codes and standards for an extended application or a renewed permit shall be governed by the codes in force at the time of the original permit application.
- If a complete set of previously approved plans and supporting documents are available in the digital record or made available from the applicant, the extension or renewal can easily proceed. However, for older records where approved hard copy plans, digital plans and supporting documents have not been retained, a new application must be created to upload and review plans and documents for approval and inspections.
- If the project has revisions associated with it, the expired permit shall be renewed first and then a new revision permit record will be submitted and all applicable fees shall be assessed.
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Extensions
- Extensions will be processed following the General Process Steps in concert with the following steps.
- If the record status is “plan check expired” or “expired” the extension request is to be treated as a renewal.
- If an extension is approved, the chief building official or designee will extend the date of expiration 180 days out from the current expiration date.
- There is no additional fee to request an application extension.
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Application Renewal
- Application renewals will be processed following the General Process Steps in concert with the following steps.
- If the record status is not “plan check expired” the renewal request is to be treated as an extension.
- If the County has entered into a new model building code cycle, additional justification may be requested.
- If approved, the chief building official or designee will renew the application and extend the date of expiration 180 days out from the current expiration date or up to the code cycle change.
- For application renewal requests, there is additional administration fee using the current fee schedule, charged at the hourly rate for the time spent with a half hour minimum charge. Permit Sonoma will initially charge for one hour at intake and the fees will be adjusted based on the time spent prior to issuance.
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Issued Permit Renewal
- Permit renewals will be processed following the General Process Steps in concert with the following steps.
- If the record status is not “expired” the renewal request is to be treated as an extension.
- If the project has not commenced work and is within one new code cycle, the permit renewal can be considered. Additional justification may be requested. If the project has not commenced work and more than one additional model building code cycles have past, the permit renewal is to be denied.
- If the project has commenced work and is within two additional code cycles, the permit renewal can be considered. If the project has commenced work and more than two additional model building code cycles have past, the permit renewal is to be denied.
- If approved, the chief building official or designee will renew the issued permit and extend the date of expiration 180 days out from the current expiration date.
- For permit renewal requests, there is additional administration fee using the current fee schedule, charged at the hourly rate for the time spent with a half hour minimum charge. Permit Sonoma will initially charge for one hour at intake and the fees will be adjusted based on the time spent prior to issuance.
Attachments
Not applicable.
Approved By
Approved By: Tennis Wick, Director
Reviewed By: Department Manager: Brad Cannon, Building Division Manager
Reviewed By: Alex Rosas, Engineering Division Manager
Lead Author: Nathan Quarles, Deputy Director