Md. Code Regs. 29.06.04.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 29.06.04.05 - Fees for Plan Review and Use and Occupancy Inspection

A. Fee Schedule.

(1) The fee schedule in this section is to be used to calculate the fee to be paid for the review of plans for and inspection of all new and existing buildings, including a change in use or occupancy. Where a local jurisdiction elects to conduct plan reviews and adopts a fee schedule for these reviews but does not conduct the inspections, the State Fire Marshal shall be permitted to reduce the fee schedule rate under this regulation by 50 percent to cover the costs of inspections conducted by the State Fire Marshal.

(2) The review and inspection is required to obtain a building permit, or a use and occupancy permit from a State or local government agency or licensing authority in order to construct, renovate, or occupy a building or facility, or install a fire protection system.

(3) Fees are as follows:

(a) Assembly occupancy-8 cents per square foot;

(b) Educational occupancy-10 cents per square foot;

(c) Health care occupancy-10 cents per square foot;

(d) Detention or correctional occupancy-10 cents per square foot;

(e) Residential occupancy-8 cents per square foot;

(f) Mercantile occupancy-8 cents per square foot;

(g) Business occupancy-8 cents per square foot;

(h) Industrial occupancy-6 cents per square foot;

(i) Storage occupancy-6 cents per square foot;

(j) $100 per plan review or use and occupancy inspection, whichever is greater;

(k) Flammable or combustible liquid storage tank-1 cent per gallon of maximum tank capacity or $200 per tank, whichever is greater, although tanks less than 660 gallons used to provide heating fuel or other utility service to a building or facility are exempt from the fee;

(l) Marina or pier-$120 plus $1.50 per slip; and

(m) Outside storage of flammable and combustible materials such as scrap tire, lumber, mulch, tree stumps, drums of flammable or combustible liquids, etc.-$120 per acre or fraction of an acre.

B. The fee due shall be calculated using the appropriate rate in §A of this regulation applied to:

(1) The gross square feet per floor for a new building or tenant space or a change in its use or occupancy;

(2) The gross square feet of an area being renovated or altered; or

(3) The gross square feet per floor for a storage occupancy when a shell building without a specific occupancy or tenancy is to be built.

C. When a shell building is built without a specific occupancy or tenancy, the appropriate occupancy fee applies when use or occupancy is determined as prescribed by a separate building permit or use and occupancy permit.

D. The fee for a mixed occupancy shall:

(1) Be based upon the fee schedule in §A of this regulation for each occupancy;

(2) Be the cumulative total of the fee for each occupancy; and

(3) Reflect the predominant classification of the building or structure when a separate fee for each occupancy cannot be determined.

E. A change in use or occupancy of a building or tenant space shall be calculated at the same rate as a new building.

F. The fee for a building or tenant space occupied without completion of a plan review shall be based upon the fee schedule in §A of this regulation.

G. A 50 percent refund of the fees in §§A-F of this regulation may be refunded if a permit to construct is denied by a permit or licensing authority, or if the applicant abandons the project before construction, for whatever reason. The applicant may request a refund within 6 months of official notification of the denial of the permit, license, or issuance of a building permit by the respective authority. A renewal of the permit or resumption of construction requires a new submittal of plans for the remaining work and payment of the full fee.

Md. Code Regs. 29.06.04.05

Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
Regulation .05 amended effective 41:20 Md. R. 1113, eff.11/1/2014