SEC. 3.405. DEFINITIONS.
§ 3.405
This section defines key terms used in San Francisco's permit consultant regulations, including who qualifies as a permit consultant, what types of projects trigger these rules, and what activities count as permit consulting services.
The city uses these terms to regulate people who help clients get building or entertainment permits. A 'permit consultant' is someone paid to help navigate the permitting process for major projects (costing over $1 million) or entertainment permits. However, the project's own architect, engineer, or contractor, and nonprofit employees speaking for their organization, are not considered permit consultants under this rule. 'Permit consulting services' means contacting city departments to help someone get a permit. A 'contact' is any communication trying to influence a decision, but just asking for information doesn't count.
- Complex:The definitions cross-reference other departments and regulations (Building Code, tax code), and the 'permit consultant' definition has multiple exclusions that require careful parsing.
- Could be simpler:The distinction between 'contact' and 'request for information' could be clearer—the phrase 'as long as the request does not include any attempt to influence' is somewhat circular.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
“Client” means the person for whom permit consulting services are performed by a permit consultant.
“Contact” means any communication, oral or written, including communication made through an agent, associate or employee. A “contact” shall not include a request for information, as long as the request does not include any attempt to influence an administrative or legislative decision.
“Major project” means any project located in the City and County which has actual or estimated construction costs exceeding $1,000,000 and which requires a permit issued by the Department of Building Inspection or the Planning Department. Estimated construction costs shall be calculated in the same manner used to determine building permit fees under the Building Code.
“Minor Project” means any project located in the City and County which requires a permit issued by the Entertainment Commission.
“Permit consultant” is any individual who receives or is promised compensation to provide permit consulting services to commence on or after January 1, 2015 on a Major Project or a Minor Project. This includes any employee who receives compensation attributable to time spent on permit consulting services. This does not include:
(1) The licensed architect or engineer of record for construction activity allowed or contemplated by the permit, or an employee of the architect or engineer;
(2) The contractor who will be responsible for all construction activity associated with the requested permit; or
(3) The employee or agent of an organization with tax exempt status under 26 United States Code Section 501(c)(3) communicating on behalf of that organization regarding the development of a project for that organization.
“Permit consulting services” means any contact with the Department of Building Inspection, the Entertainment Commission, the Planning Department, or the Department of Public Works to help a permit applicant obtain a permit.
(Added by Ord. 98-14 , File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.405 added by Ord. 18-03, File No. 020969, App. 2/7/2003; repealed by Proposition E, 11/4/2003)