Subcontractors Transparency Ordinance
The County of San Diego Board of Supervisors adopted new Subcontractor Disclosure Ordinances to promote transparency for building permits and right-of-way (ROW) permits by requiring contractors to disclose subcontractor information for subcontractors working on projects permitted by the County of San Diego. In requiring disclosure of subcontractors, the County’s goal is to create a culture of safety and legal compliance while ensuring that labor standards are upheld.
As of June 10, 2022, after permit issuance, but prior to start of construction, lead contractors are required to disclose information for their subcontractors working on the following project types that require building permits (Planning & Development Services) and right-of-way permits (Department of Public Works):
Building Permit Subcontractors Disclosure are required for the following types of projects:
- All new commercial construction projects, residential tracts (five or more lots), and multifamily constructionprojects (5 or more units)
- Commercial tenant improvement (renovation) projects that affect more than 10,000 square feet of space underthe renovation
Right-of-Way Permit Subcontractors Disclosure are required for the following types of projects:
- All projects in the right-of-way (excluding residential driveways and retaining walls)
- All projects in the right-of-way to provide transport of energy, water, or sewer
This guidance document is intended to help subcontractors provide the required disclosure data to lead contactors and applicants filling out the Subcontractor Disclosure Form (PDS-294) for Building Permit and Right-of-Way Permit. In addition to the Subcontractor Disclosure Form Guidance (PDS-295) intended to help lead contractor and applicants, this sample disclosure data is intended to help individual subcontractors collect the disclosure data, type of information, and what level of information required to be disclosed by lead contactors and applicants. County building and right-of-way permitting staff can also provide additional guidance on filling out and submitting the form at (858) 495-5382 or PDS.BuildingServices@sdcounty.ca.gov.
Transparency created by the new Subcontractor Disclosure Ordinances can also help identify labor violators and unqualified operators and ensure accountability. The new Office of Labor Standards and Enforcement (OLSE) serves as the central location for education and resources for employers and their workers, undertakes research and data analysis regarding worker issues, and pursues enforcement measures to protect workers. To file a complaint based on Subcontractor Disclosure Ordinances, please call the OLSE Complaint Hotline at: (619) 531-5129 or OLSE@sdcounty.ca.gov.