D.C. Mun. Regs. r. 12-A108

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 12-A108 - FEES

Strike Section 109 of the International Building Code in its entirety and insert new Section 108 into the Building Code in its place to read as follows:

108.1

Payment of Fees. A permit shall not be issued until all required fees have been paid to the Department or other authorized agency, no r shall an amendment to a permit requiring an additional fee be issued until the additional fee has been paid.

108.1.1

Application Filing Deposit for New Construction and Alterations. All permit applications filed for new construction or alterations must be accompanied by a deposit of 50 percent of the permit valuation determined in accordance with Sections 108.2 and 108.3; provided, that the required deposit shall not exceed twenty thousand dollars ($20,000).

108.1.2

Accounting. The code official shall keep an accurate account of all fees collected, and such collected fees shall be deposited with the D.C. Treasurer, or otherwise deposited as required by law.

108.2

Code Official Authority. The code official is authorized to establish by approved rules a fee for each permit, certificate or authorization issued by the Department, as prescribed in a fee schedule adopted in accordance with Section 108.2.1, for buildings and other structures and for their appurtenant systems, fixtures, appliances and equipment. The code official is authorized to establish fees based on cost of the proposed work or to use alternate methodologies including, but not limited to, the square footage of the project.

108.2.1

Fee Schedule. Fees for permit processing, inspections and related services, including, but not limited to, fees for processing and issuance of certificates of occupancy, shall be established by the code official in a fee schedule published in the D.C. Register, as amended from time to time.

108.3

Building Permit Valuations Based on Cost of Work. Where a permit fee is based on cost of work, the applicant for a building permit shall provide an estimated cost of the proposed work at time of application, or such other information as the code official specifies, for purposes of establishing a permit valuation. Cost of the proposed work shall be based upon (a) total value of materials and labor for which the permit is being issued, including electrical, gas, mechanical, plumbing equipment and permanent systems or, (b) at the Department's discretion, the most current edition of the National Building Cost Manual or comparable standard. The total cost shall not include architectural, engineering, and other associated professional costs. If, in the opinion of the code official, the cost of proposed work is underestimated on the application, the permit shall be withheld, unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be determined by the code official. Acceptable evidence of the estimated cost of the proposed work shall include any of the following:

1. A fully executed construction contract.
2. A formal contractor's estimate.
3. When a deferred method of determining construction cost is submitted, the code official is authorized to request from the applicant a certified contractor's certificate of payment showing the actual cost of construction and the code official is authorized to adjust the building permit fee to reflect the actual cost of construction prior to issuing a certificate of occupancy.
4. A construction estimate for repairs and alterations in Group R- 3 and structures under the jurisdiction of the Residential Code.
5. The cost based on national standards for construction costs, as modified for the District of Columbia region, as set forth in the most current edition of the National Building Cost Manual or comparable standard.
108.4

Fees Associated With Work Commencing Before Permit Issuance. Any person who commences any work on a building, other structure, gas, electrical, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee established in the official fee schedule that shall be in addition to the required permit fees and any fines that may have been levied.

108.5

Related Fees. The payment of the fee for the construction, alteration, removal, raze or demolition for work done in connection to or concurrently with the work authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law; or any other privileges, services or requirements, allowed or prescribed by law.

108.6

Refunds. The code official is authorized to establish a refund policy.

108.7

Waiver of Fees. No person or entity shall be entitled to a waiver of fees, except as set forth in the License Fees and Charges Act of 1976, effective September 14, 1976 (D.C. Law 1-82; D.C. Official Code § 47-2712 (2015 Repl. & 2019 Supp.)).

D.C. Mun. Regs. r. 12-A108

Final Rulemaking published at 67 DCR 5679 (5/29/2020)