MONTEREY COUNTY PLANNING AND BUILDING INSPECTION DEPARTMENT

Transcription

1 MONTEREY COUNTY PLANNING AND BUILDING INSPECTION DEPARTMENT Guidelines for Public Record Act Requests It is the goal of the Planning and Building Inspection Department (Department) to respond to public record requests in a manner that is both timely and convenient to the public. These guidelines are intended to clarify the process for the public for inspecting or coping records under the California Public Records Act (the Act ) and to establish clear procedures in implementing the Act. 1 Procedures for inspection, copying and a description of the types of records generally not subject to disclosure are outlined. The guidelines apply only to the Department and are not intended to establish procedures for the entire County or to supersede any requirements of state law. The intent of the Act is to provide the public access to information concerning the people s business. (Section 6250.) Any person may request to inspect a public record or request a copy of the record. Most Department records are subject to disclosure, although some records are exempt from disclosure based on limited exceptions. Disclosure of records is the rule and non-disclosure is the exception. DEFINITION OF PUBLIC RECORDS The Act defines "public records" to include any writing containing information relating to the conduct of the public s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Writing" is defined to include any handwriting, typewriting, printing, photostating, photographing, transmitting by electronic mail or facsimile, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof and any record thereby created, regardless of the manner in which the record is stored. (Section 6252(e) and (f)). Inspection of Public Records Public records are open to inspection at all times during Permit Center hours, and every person has a right to inspect any public record except for those records or portions of records which are exempt from disclosure under state law (Section 6253(a). The term inspection essentially means reviewing the record. 1 The California Public Records Act is codified at section 6250 through 6270 of the California Government Code, as periodically amended. All citations to section numbers in these guidelines are to the California Government Code, unless otherwise indicated.. In the event of any inconsistency between these guidelines and the Public Records Act, the Act shall control. Request for Records Procedure Page 1

2 Copies of Records Under the Act, a person may also request a copy of records upon payment of fees covering direct cost of duplication, or a statutory fee if applicable. (Section 6253(b) and (c)) The request for a copy of a record must reasonably describe an identifiable record or records. If the Department does not understand the request, the Department must make a reasonable effort to elicit additional clarifying information from the requestor that will help identify the records being sought. (Section ) The official copies of building plans are open to inspection, but there are restrictions on copying the plans (see discussion below.) Electronic Records If the Department keeps the records in an electronic format, the public may request the records in an electronic format, and within certain limitations enumerated by state law, the Department must provide the records in electronic format. (Section ) Records Available On-line The following list summarizes examples of public records available on the Department s website ( Ordinances Text of Land Use Plans Text of Area Plans Text of General Plans Permit Resolutions (since 2001) Hearing Agendas and Minutes Environmental Review Documents Building Permits Issued Planning Permits Approved Active Planning Projects Procedures and Time Limits for Making Records Available If a member of the public requests to inspect a record, staff should locate the record, ensure it is not exempt from disclosure, and if disclosable, make the public record available for inspection. Records will be made available for review at the Permit Center to which the request is submitted as soon as feasible. Depending on the size of the request, the type of records requested, and staff availability, staff should make the record available for inspection as soon as feasible. Records maintained on-site are more readily available than those that must be retrieved from off-site locations. For example, in the case of a simple request for an identifiable record which is maintained on-site and which is clearly not subject to any exemptions from disclosure (for example, a copy of a staff report that has already been publicly distributed), staff should provide the record for inspection at the time of the request. Staff need not disrupt operations to allow immediate access, but staff should Request for Records Procedure Page 2

3 provide the record as soon as reasonably possible. If the record is not immediately available, department staff will advise the applicant when the records will be available for review. 10-Day Time Limit for Response (Section 6253 (c)) The Department must provide a response to the request within ten (10) days (the absence of a staff person will not delay the request beyond 10 days). At a minimum, within 10 days of receiving the request, the Department must let the requestor know whether the Department has disclosable records that meet the description in the request. Except in unusual circumstances, the Department should make the records available for inspection, or, if requested, make the copies of the records, within the 10-day period. If the Department does not have records that meet the description or if some or all of the records are exempt from disclosure, the Department must tell the requestor within the10-day period (Section 6253(c). If the request for records is made in writing, then the Department must provide written notice to the requestor of any reasons for denying access to any records and the name and title of the person who made the determination. (Section 6255(b)). In unusual circumstances, for example, if a request is voluminous, seeks records held off-site, requires consultation with other County departments or other agencies, or requires compilation of data in electronic format, the Department may, upon written notice to the applicant sent within the 10-day period, extend the time to respond by an additional 14 days. The written notice must include an estimated date and time when the records will be made available. (Section 6253(c ).) R ECORDS EXEMPT FROM DISCLOSURE State law recognizes that certain categories of documents may be exempt from disclosure (Section 6254 and 6275 et seq.). The Department may need to seek legal advice from County Counsel in determining that a record is exempt from disclosure. Examples of categories of documents that the County may exempt from disclosure include the following 2 : 1. Drafts: memos, notes, preliminary drafts that are not normally kept by the Department in the ordinary course of business, provided the public interest in non-disclosure clearly outweighs the public interest in disclosure. 2. Records containing or seeking advice of counsel: These are protected by attorney client and attorney work-product privilege. This includes notations on documents by legal counsel. 3. Litigation: Documents specifically prepared for the use of litigation if the Department is a party to the litigation. 4. Records for which the Department can demonstrate that the public interest in non-disclosure clearly outweighs the public interest in disclosure. 5. Personnel, medical, or similar files, if their disclosure would constitute an unwarranted invasion of privacy. 6. Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person (Section 6254(e)). 2 This list is not exhaustive. State law exempts other categories of records from disclosure. Request for Records Procedure Page 3

4 OFFICIAL COPY OF BUILDING PLANS The Department is required by law to keep on file an official copy of the plans of every building, during the life of the building, for which the department issued a building permit. (hereafter official building plan.) (Health and Safety Code Section ) The official building plan includes any blueprint, report or other document wet-stamped by a licensed professional submitted to the Department as part of a Building or Grading permit. The official building plan may be maintained as an official copy, which may be on microfilm or other type of photographic copy of every building, during the life of the building, for which the department issued a building permit 3. The official building plan for purposes of implementing this state law does NOT include 4 : 1. Single or multiple dwellings not more than two stories and a basement in height (Interpretation: one and two story, single or multifamily dwellings do not require maintenance of building plans regardless of whether they have a basement); 2. Garages and other structures appurtenant to buildings described in (1) above; 3. Farm or ranch structure; or 4. Any one-story structure (except steel frame or concrete structures) where the span between bearing walls does not exceed 25 feet. Any member of the public may obtain copies of building plans only if they attest that the plans shall be used only for the maintenance, operation, and use of the building. Under Health and Safety Code section 19851, an official building plan may not be duplicated in whole or in part except: 1. With the written permission, which permission shall not be unreasonably withheld, of the certified, licensed or registered professional or his or her successor, if any, who signed the original documents and the written permission of the original or current owner of the building; 5 OR 2. By court order or upon the request of any state agency. If a member of the public desires a copy of an official building plan, the Department must first request written permission from the certified, licensed or registered professional or his or her successor, if any, who signed the original documents and the written permission of the original or current owner of the building (Attachment 2). In addition, the person requesting a copy of the plans must complete an affidavit, on a form of affidavit provided by the Department, certifying among other things that the plans shall only be used for the maintenance, operation, and use of the 3 Examples of documents that are wet stamped by a licensed professional include but is not limited to: 1. Building Site or Office (stamped) copies of Approved Building Plans 2. Foundation plans and details 3. Roof framing plans and details 4. Wood-Soil separation and protection plans 5. Post, beam, joist and floor decking details 6. Floor and framing plans 7. Fireplace and Chimney Details 8. Energy Forms (Title 24) 9. Structural and Soils Reports 10. Truss Calculations 4 Except for plans of a common interest development as defined in Section 1351 of the Civil Code. It also does not apply to a steel frame or concrete building. It also does not apply to plans submitted for a Discretionary Permit. 5 Other regulations apply if the building is a common interest development. Request for Records Procedure Page 4

5 building. (Health and Safety Code section 19851(c) (1).) Any member of the public has the right to inspect the official building plan, but the inspection must occur on the premises of the Department during normal business hours. MAKING A REQUEST FOR PUBLIC RECORDS The Department prefers that the public complete a Records Request Form (Attachment 1) to ensure that the accurate records are obtained for the Requestor. Records may be requested in person, by mail, FAX, or on the phone. The Request Form is available on the Department website ( and at each Permit Center. Requests made over the phone will be prepared by staff. The Request Form can be submitted in person, via FAX or mail to the following locations: Planning & Building Inspection Department 2 nd Floor, County Government Center 168 West Alisal Street, Salinas, CA Phone (831) FAX (831) Requests Made Via The Public Records Request Form may be submitted by to: CynthiaH@co.monterey.ca.us 1. Download the Form from the Department Website and complete all required information. 2. Save the Request form in a.pdf format so that the information entered cannot be altered. 3. Attach the document and send to the Department address above. 4. Staff will confirm electronically that the request was received w/in one workday and advise when the records can be reviewed. 6 Charges For Copies Pursuant to the Act (Government Code Section 6257) and the Monterey County Code, the Department charges a fee for copies based on the direct costs of duplication. Current charges are: $0.12 per copied page (8.5 x 11, 8.5 x 14 and 11 x 17 ) $0.20 per printed page for microfilmed records (8.5 x 11 ) $8.00 per CD-ROM Actual duplication costs for blue prints or other oversized or irregularly shaped documents Records that require computer data compilation, extraction, or programming will be charged based on the fully burdened labor rate of $ per hour, prorated for the actual time spent The Department requires payment of the copy fee prior to provision of the copies. County Forms Relating to Public Record Act Requests Attachment 1. Attachment 2. Public Records Request Form Affidavit for Permission to Copy Building Plans Request for Records Procedure Page 5

6 MONTEREY COUNTY PLANNING AND BUILDING INSPECTION DEPARTMENT PUBLIC RECORDS REQUEST FORM Please complete this form and return it in person, via FAX or mail REQUEST TO ACCESS RECORDS REQUEST FOR COPIES REQUESTOR INFORMATION (PLEASE PRINT OR TYPE) REQUESTOR NAME DATE Please indicate the best way for Staff to reach you regarding your request: MAILING ADDRESS: PHONE: FAX/MOBILE: DESCRIPTION OF RECORDS REQUESTED (If known, the following information will help fulfill the request) Assessor s Parcel Number(s): Property Address: Type of Records: (list specific permit numbers of interest below, if applicable) Planning Building Grading Code Enforcement All Time Period for Records: Beginning Date / / Ending Date / / Description: GUIDELINES 1. Office hours for file review are during normal business hours. 2. Please bring paper clips, post-its, and payment for any copies due. 3. Copies are $0.12 per 8.5 x11 page and are payable in cash, check, VISA or Master Charge and are payable at the time of service. 4. Original records may not be removed from their original file jackets, reorganized or removed from the premises on any conditions. FOR OFFICE USE ONLY Staff Name Date Request Performed / / Photocopies: Total $0.12 per page = $ Total $0.20 per page microfiche = $ Invoice Total for outside copies = $ Request for Records Procedure Page 6

7 Receipt # TOTAL DUE: $ Request for Records Procedure Page 7

8 AFFIDAVIT FOR PERMISSION TO COPY BUILDING PLANS Requestor Name Phone Address Street City State Zip DESCRIPTION OF PLANS REQUESTED Site Address Street City State Zip Building Permit# APN Portion of Plans to be copied: Purpose: I,, declare as follows: Name of person making request DECLARATION 1. I have requested a copy of the above-described building plans. 2. The copy of the plans shall only be used for the maintenance, operation and use of the building. 3. I acknowledge that drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record. 4. I have been informed that subdivision (a) of Section of the Business and Professions Code states that a licensed architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to, or use of, those plans, specifications, reports or documents where the subsequent changes or uses, including changes and uses made by state or local governmental agencies, are not authorized or approved by the licensed architect who originally signed the plans, specifications, reports or documents, provided that the architectural service rendered by the architect who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage. 5. I will pay a fee to the County to cover the costs of duplicating the plans. I declare under penalty of perjury under laws of the State of California that the foregoing is true and correct, and that if called upon to do, I could and would testify competently thereto. Print Name Signature Date Phone number when copies are ready for pick-up: I agree to give permission for the above-mentioned plans to be copied: Draftsman Print Name Signature Date I agree to give permission for the above mentioned plans to be copied: Owner Print Name Signature Date Request for Records Procedure Page 8

9 Send by Registered Mail to BOTH: Professional Draftsman AND Current Building Owner RE: RELEASE OF BUILDING PLANS Dear : The Monterey County Planning and Building Inspection Department has received a request to provide copies of plans that you, or your predecessor in interest, prepared. Per California Health and Safety Code Section 19851, we are required to contact you and the current owner of the property through this affidavit asking permission for the official copy of the plans to be copied. You have 30 days from your receipt of this letter to respond to this request. Refusal to permit duplication of the plans is considered unreasonable if, upon request from the Building Department, you do either of the following: 1. Fail to respond to the Planning and Building Inspection Department within 30 days of receipt of this request, unless extenuating circumstances such as serious illness or travel prevent you from timely response; or 2. Refuse to give permission for the duplication of the plans after receiving the signed this affidavit and registered letter. Enclosed, please find the affidavit of the individual requesting a copy of the plans. Please sign the attached affidavit where indicated and return within 30 days. If you have any questions, please do not hesitate to call (831) Thank you for your prompt reply. Reggie Lee Acting Building Official Request for Records Procedure Page 9