Introduction
San Francisco’s Permit Application Processing Ordinance (Ordinance) was enacted to protect public confidence in the fairness and impartiality of the City’s permitting process. This law requires Permit Consultants, regularly known as permit expediters, to register with the Ethics Commission and file quarterly reports. Permit Consultants disclose information about who pays for their Permit Consulting Services on Major or Minor Projects, how much they were paid during the quarter, the names and departments of city officers and employees that were Contacted, and the campaign contributions they or their employers made to City Elective Officers or candidates for City Elective Office.
The Ethics Commission administers and serves as the filing officer for these disclosures. This webpage is designed to help Permit Consultants understand and comply with their filing obligations under the law.
Qualification as a Permit Consultant
A Permit Consultant is any individual who receives or is promised compensation to communicate with an officer or employee of the Department of Building Inspection (DBI), the Planning Commission / Department (PC), the Department of Public Works (DPW), and/or the Entertainment Commission (EC) to help a permit applicant obtain a permit; For either
- A Major Project – which is a project located in the city and county with an actual or estimated construction cost exceeding $1,000,000 which requires a permit issued by DBI or PC; or
- A Minor Project – which is any project located in the city and county which requires a permit issued by the EC.
Exemptions:
If you meet the criteria listed below, you are exempt from qualifying as a Permit Consultant:
- You are the licensed architect or engineer of record for construction activity allowed or contemplated by the permit, or an employee of the engineer or architect; or
- You are the contractor who will be responsible for all construction activity associated with the requested permit; or
- You are a employee or agent of an 501(c)(3) tax exempt organization communicating on behalf of that organization regarding the development of a project for that organization.
Permit Consultants who contact City officers can qualify as a Contact Lobbyist. Please refer to the Contact Lobbyist section of the Ethics Commission’s website.
Officers include Commissioners and Directors of DBI/PC/DPW/EC as well as PC’s Zoning Administrator, DPW’s City Engineer, County Surveyor or Bureau Chief of the Department of Public Works’ Bureau of Street Use and Mapping.
Use the following steps to determine whether you qualify as a Permit Consultant.
Step 1: Did you communicate with an officer or employee of any of the following City departments to help a permit applicant obtain a permit? Officer or employee of:
- DBI – Department of Building Inspection
- PC – Planning Commission / Planning Department
- EC – Entertainment Commission
- DPW – Department of Public Works
If NO: You are not a Permit Consultant.
If YES: Proceed to Step 2.
Step 2: Was your communication only a request for information, or did it attempt to influence an administrative or legislative decision?
If it was just a request for information: You are not a Permit Consultant.
If it was an attempt to influence: Proceed to Step 3.
Step 3: Were you paid or promised compensation for contacting the officer/employee?
If NO: You are not a Permit Consultant.
If YES: Proceed to Step 4.
Step 4: Are you the licensed architect or engineer for the construction covered by the permit—or an employee of the architect or engineer?
If YES: You are not a Permit Consultant.
If NO: Proceed to Step 5.
Step 5: Are you the contractor responsible for construction activity related to the permit?
If YES: You are not a Permit Consultant.
If NO: Proceed to Step 6.
Step 6: Are you an employee or agent of a 501(c)(3) tax-exempt organization communicating on that organization’s behalf about the project?
If YES: You are not a Permit Consultant.
If NO: Proceed to Step 7.
Step 7: Does the permit you contacted the officer/employee about involve a project with an estimated cost of $1,000,000 or more?
If NO: Proceed to Step 8.
If YES: You are a Permit Consultant. You must:
- File Form 3410A within 5 days of the contact
- Not make further contacts until you file the form
Step 8: Did you contact an officer or employee of the Entertainment Commission to help a permit applicant obtain a permit, regardless of the value of the permit?
If YES: You are a Permit Consultant. You must:
- File Form 3410A within 5 days of the contact
- Not make further contacts until you file the form
If NO: You are not a Permit Consultant. No additional steps are required.