Section 19851 of the State of California Health & Safety Code prohibits release of plans or documents prepared by a licensed, registered or certified professional, unless one of the following conditions exists:
- There is written authorization from the original certified professional, or his or her successor AND from:
- The original or current owner of the building
OR-
- If the building is part of a common interest development, from the Board of Directors or other governing body of the association established to manage the common interest development.
- The records are subpoenaed for use in civil court cases.
The following procedure must be followed to obtain necessary releases:
Step 1:
Complete the research request form and choose either option "A" or "B" as follows:
Option A -
The applicant can request written authorization by:
- Contacting the certified professional, or his or her successor AND
- the original or current owner of the building
OR
- if the building is part of a common interest development, from the board of directors or other governing body of the association established to manage the common interest development.
- Provide the authorization to:
City of Fremont, Development Services Center  39550 Liberty Street/P.O. Box 5006 Fremont, California 94537-5006
Option B -
A "Request for Duplication of Plans/Affidavit" form and a research request form shall be completed by the applicant. If an applicant is different from the owner or the Board of Directors per above items 1(a) or 1(b), an applicant must also obtain the owner's permission.
Once the applicant has paid the "Request for Duplication of Plans/Affidavit" fee, staff shall send a copy of the affidavit to the certified professional via certified mail (return receipt requested).
IF THE CERTIFIED PROFESSIONAL, (1) AUTHORIZES RELEASE OF DRAWINGS - OR - (2) DOES NOT RESPOND WITHIN 30 DAYS, THE DRAWINGS MAY BE RELEASED BY THE CITY.
Step 2:
Complete the City of Fremont Microfilm Work Order Form and pay copying fees. You will be notified when your copies are ready, usually within 10 business days.
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