510-RICR-00-00-21. State Wide Permitting Fee

21.1 Purpose The purpose of these regulations is to establish a process and formula for establishing statewide building permit fees. 21.2 Legal Authority These regulations are promulgated pursuant to R.I. Gen. Laws § 23-27.3-119 and in accordance with R.I. Gen. Laws § 42-35-1 et seq ., the Administrative Procedures Act. 21.3 Severability The provisions of these regulations are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. 21.4 Definitions A. As used in these regulations the following definitions will apply: 1. “Building permit fees” means categories of municipal fees set forth in R.I. Gen. Laws §§ 23-27.3-118 and 23-27.3-118.1. 2. “Commission” means the Rhode Island Building Code Commission. 3. “Commissioner” means the commissioner of the Rhode Island Building Code Commission. 4. “Data inputs” means the assumptions, data and other relevant information that are factored into the statewide permit formula. 5. “Fee schedule” means a schedule of building permit fees which are computed by applying the statewide permit formula. 6. “Municipality” means any city or town within the State of Rhode Island. 7. “Statewide permit formula” means the formula described in § 21.10 of this Part herein. 21.5 Applicability The fee schedules established herein shall become effective on July 1, 2018 provided that the fee schedule established herein for a municipality that is granted an extended transition period shall become effective on July 1, 2020. 21.6 Municipal Requirements The building permit fees assessed by municipalities shall be computed in accordance with the fee schedules listed in § 21.12 of this Part herein. 21.7 Commission Requirements The fee schedule for each municipality shall be posted on the commission’s website ( http://www.ribcc.ri.gov/) and the website shall be updated whenever a change to a fee schedule is made so that all fee schedules posted on the website are current. 21.8 Adjusting of Fee Schedules A. Adjustments to the fee schedules may be made by amending these regulations. Such amendments must be promulgated in accordance with R.I. Gen. Laws § 42-35-1 et seq ., the Administrative Procedures Act. B. The commissioner may, from time to time or upon a reasonable request from a municipality, request authorization from the commission to commence a promulgation process for purposes of making an adjustment to a municipality’s fee schedule. Municipal requests must be made, in writing, by the municipality’s chief executive or town council . A municipality’s request to the commissioner must provide the basis for why an adjustment is appropriate as well as all pertinent updated data inputs. C. Authorization to commence a promulgation process shall not be granted by the commission unless it finds that: 1. the proposed adjustment is the result of the commissioner’s application of the statewide permit formula; or 2. that the proposed adjustment will result in a lower fee for contractors than the fee would be if the statewide permit formula was applied and the lower fee is requested, in writing, by the municipality’s chief executive or town council. D. All adjustments to fee schedules shall become effective beginning the first day of July following the date when the amendment to these regulations becomes final provided that commission may establish a different effective date if it is in the best interest of the State. E. Every three (3) years, the commissioner may examine whether fee schedule adjustments are appropriate. Upon written request from the commissioner, municipalities shall, within thirty (30) business days of the request, provide the commissioner with updated data inputs in a format (i.e., Excel spreadsheet) that is satisfactory to the commissioner. 21.9 Request for Extended Transition Period A. A municipality may request an extended transition period which, if approved, means that the municipality’s fee schedule in effect on July 1, 2017, will remain its fee schedule through June 30, 2020. B. Requests for the extended transition period must be made in writing by the municipality’s chief executive or town council and received by the commissioner by June 1, 2018. Timely requests received by the commissioner will be forwarded to the commission for consideration. C. No request shall be granted unless approved by the commission. D. Any municipality whose request for an extended transition period is granted must submit a written status report to the commissioner by January 1, 2019. The status report must include updated data inputs in a format (i.e., Excel spreadsheet) that is satisfactory to the commissioner and provide an update regarding the municipality’s approach for implementing a fee schedule that applies the statewide permit formula. E. In the event that a municipality fails to submit a satisfactory status report, the commission may rescind its approval of an extended transition period which means that a fee schedule that applies the statewide permit formula will become effective for that municipality beginning on July 1, 2019, rather than July 1, 2020. 21.10 Statewide Permit Formula When calculating fee schedules for municipalities, the commissioner shall apply a statewide permit formula. The statewide permit formula shall factor in various data inputs including but not limited to the size of the municipality, the budget and size of the municipality’s department, division or office that works on permitting issues, and the number and types of permitting actions that occur within the municipality. 21.11 Request for Reconsideration A. A municipality may submit a request for reconsideration to the commissioner if it is aggrieved by one of the following actions: 1. The establishment of the municipality’s fee schedule. 2. An adjustment to the municipality’s fee schedule. 3. The commissioner’s denial of the municipality’s request for the commissioner to seek authorization from the commission to commence a promulgation process to adjust the municipality’s fee schedule. 4. The denial of the municipality’s request for an extended transition period. B. A request for reconsideration must be in writing and received by the commissioner within fifteen (15) business days from 1. when the municipality learned of the action; or 2. when the municipality should have learned of the action, whichever is sooner. C. The request for reconsideration must provide the basis for the request and clearly state the action that the municipality would like the commissioner and/or commission to take. D. The commissioner shall respond to the municipality in writing within thirty (30) business days. The commissioner may 1. deny the request; 2. fully or partially approve the request provided that he or she has the authority to take the action being requested; or 3. place the request on the commission’s agenda for its consideration. 21.12 Fee Schedules A. The fees specified in the below fee schedules are exclusive of the levy mandated by R.I. Gen. Laws § 23-27.3-108.2(c)(1). 1. Town of Barrington Town of Barrington Project Valuation Fee Schedule $1 to $10,000 $8.00 per $1,000 From $10,001 to $50,000 $80 + $6.00 per $1,000 exceeding $10k From $50,001 to no limit $320 + $4.00 per $1,000 exceeding $50k Note: $40 minimum fee 2. Town of Bristol Town of Bristol Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $50 minimum fee 3. Town of Burrillville Town of Burrillville Project Valuation Fee Schedule $1 to $10,000 $10.00 per $1,000 From $10,001 to $50,000 $100 + $8.00 per $1,000 exceeding $10k From $50,001 to no limit $420 + $6.00 per $1,000 exceeding $50k Note: $65 minimum fee 4. City of Central Falls City of Central Falls Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $65 minimum fee 5. Town of Charlestown Town of Charlestown Project Valuation Fee Schedule $1 to $10,000 $12.00 per $1,000 From $10,001 to $50,000 $120 + $10.00 per $1,000 exceeding $10k From $50,001 to no limit $520 + $8.00 per $1,000 exceeding $50k Note: $50 minimum fee 6. Town of Coventry Town of Coventry Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $75 minimum fee 7. City of Cranston City of Cranston Project Valuation Fee Schedule $1 to $10,000 $20.00 per $1,000 From $10,001 to $50,000 $200 + $18.00 per $1,000 exceeding $10k From $50,001 to no limit $920 + $16.00 per $1,000 exceeding $50k Note: $75 minimum fee 8. Town of Cumberland Town of Cumberland Project Valuation Fee Schedule $1 to $10,000 $8.00 per $1,000 From $10,001 to $50,000 $80 + $6.00 per $1,000 exceeding $10k From $50,001 to no limit $320 + $4.00 per $1,000 exceeding $50k Note: $75 minimum fee 9. Town of East Greenwich Town of East Greenwich Project Valuation Fee Schedule $1 to $10,000 $17.00 per $1,000 From $10,001 to $50,000 $170 + $15.00 per $1,000 exceeding $10k From $50,001 to no limit $770 + $13.00 per $1,000 exceeding $50k Note: $65 minimum fee 10. City of East Providence City of East Providence Project Valuation Fee Schedule $1 to $10,000 $15.00 per $1,000 From $10,001 to $50,000 $150 + $13.00 per $1,000 exceeding $10k From $50,001 to no limit $670 + $11.00 per $1,000 exceeding $50k Note: $85 minimum fee 11. Town of Exeter Town of Exeter Project Valuation Fee Schedule $1 to $10,000 $10.00 per $1,000 From $10,001 to $50,000 $100 + $8.00 per $1,000 exceeding $10k From $50,001 to no limit $420 + $6.00 per $1,000 exceeding $50k Note: $50 minimum fee 12. Town of Foster Town of Foster Project Valuation Fee Schedule $1 to $10,000 $8.00 per $1,000 From $10,001 to $50,000 $80 + $6.00 per $1,000 exceeding $10k From $50,001 to no limit $320 + $4.00 per $1,000 exceeding $50k Note: $50 minimum fee 13. Town of Glocester Town of Glocester Project Valuation Fee Schedule $1 to $10,000 $13.00 per $1,000 From $10,001 to $50,000 $130 + $11.00 per $1,000 exceeding $10k From $50,001 to no limit $570 + $9.00 per $1,000 exceeding $50k Note: $65 minimum fee 14. Town of Hopkinton Town of Hopkinton Project Valuation Fee Schedule $1 to $10,000 $13.00 per $1,000 From $10,001 to $50,000 $130 + $11.00 per $1,000 exceeding $10k From $50,001 to no limit $570 + $9.00 per $1,000 exceeding $50k Note: $50 minimum fee 15. Town of Jamestown Town of Jamestown Project Valuation Fee Schedule $1 to $10,000 $12.00 per $1,000 From $10,001 to $50,000 $120 + $10.00 per $1,000 exceeding $10k From $50,001 to no limit $520 + $8.00 per $1,000 exceeding $50k Note: $50 minimum fee 16. Town of Johnston Town of Johnston Project Valuation Fee Schedule $1 to $10,000 $12.00 per $1,000 From $10,001 to $50,000 $120 + $10.00 per $1,000 exceeding $10k From $50,001 to no limit $520 + $8.00 per $1,000 exceeding $50k Note: $75 minimum fee 17. Town of Lincoln Town of Lincoln Project Valuation Fee Schedule $1 to $10,000 $15.00 per $1,000 From $10,001 to $50,000 $150 + $13.00 per $1,000 exceeding $10k From $50,001 to no limit $670 + $11.00 per $1,000 exceeding $50k Note: $75 minimum fee 18. Town of Little Compton Town of Little Compton Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $50 minimum fee 19. Town of Middletown Town of Middletown Project Valuation Fee Schedule $1 to $10,000 $18.00 per $1,000 From $10,001 to $50,000 $180 + $16.00 per $1,000 exceeding $10k From $50,001 to no limit $820 + $14.00 per $1,000 exceeding $50k Note: $50 minimum fee 20. Town of Narragansett Town of Narragansett Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $65 minimum fee 21. Town of New Shoreham Town of New Shoreham Project Valuation Fee Schedule $1 to $10,000 $13.00 per $1,000 From $10,001 to $50,000 $130 + $11.00 per $1,000 exceeding $50k From $50,001 to no limit $570 + $9.00 per $1,000 exceeding $10k Note: $65 minimum fee 22. City of Newport City of Newport Project Valuation Fee Schedule $1 to $10,000 $20.00 per $1,000 From $10,001 to $50,000 $200 + $18.00 per $1,000 exceeding $10k From $50,001 to no limit $920 + $16.00 per $1,000 exceeding $50k Note: $75 minimum fee 23. Town of North Kingstown Town of North Kingstown Project Valuation Fee Schedule $1 to $10,000 $11.00 per $1,000 From $10,001 to $50,000 $110 + $9.00 per $1,000 exceeding $10k From $50,001 to no limit $470 + $7.00 per $1,000 exceeding $50k Note: $75 minimum fee 24. Town of North Providence Town of North Providence Project Valuation Fee Schedule $1 to $10,000 $21.00 per $1,000 From $10,001 to $50,000 $ 210 + $19.00 per $1,000 exceeding $10k From $50,001 to no limit $ 970 + $17.00 per $1,000 exceeding $50k Note: $75 minimum fee 25. Town of North Smithfield Town of North Smithfield Project Valuation Fee Schedule $1 to $10,000 $10.00 per $1,000 From $10,001 to $50,000 $100 + $8.00 per $1,000 exceeding $10k From $50,001 to no limit $420 + $6.00 per $1,000 exceeding $50k Note: $50 minimum fee 26. City of Pawtucket City of Pawtucket Project Valuation Fee Schedule $1 to $10,000 $11.00 per $1,000 From $10,001 to $50,000 $110 + $9.00 per $1,000 exceeding $10k From $50,001 to no limit $470 + $7.00 per $1,000 exceeding $50k Note: $100 minimum fee 27. Town of Portsmouth Town of Portsmouth Project Valuation Fee Schedule $1 to $10,000 $12.00 per $1,000 From $10,001 to $50,000 $120 + $10.00 per $1,000 exceeding $10k From $50,001 to no limit $520 + $8.00 per $1,000 exceeding $50k Note: $65 minimum fee 28. City of Providence City of Providence Project Valuation Fee Schedule $1 to $10,000 $23.00 per $1,000 From $10,001 to $50,000 $230 + $21.00 per $1,000 exceeding $10k From $50,001 to no limit $1070 + $19.00 per $1,000 exceeding $50k Note: $125 minimum fee 29. Town of Richmond Town of Richmond Project Valuation Fee Schedule $1 to $10,000 $13.00 per $1,000 From $10,001 to $50,000 $130 + $11.00 per $1,000 exceeding $10k From $50,001 to no limit $570 + $9.00 per $1,000 exceeding $50k Note: $50 minimum fee 30. Town of Scituate Town of Scituate Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $65 minimum fee 31. Town of Smithfield Town of Smithfield Project Valuation Fee Schedule $1 to $10,000 $8.00 per $1,000 From $10,001 to $50,000 $80 + $6.00 per $1,000 exceeding $10k From $50,001 to no limit $320 + $4.00 per $1,000 exceeding $50k Note: $50 minimum fee 32. Town of South Kingstown Town of South Kingstown Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $40 minimum fee 33. Town of Tiverton Town of Tiverton Project Valuation Fee Schedule $1 to $10,000 $9.00 per $1,000 From $10,001 to $50,000 $90 + $7.00 per $1,000 exceeding $10k From $50,001 to no limit $370 + $5.00 per $1,000 exceeding $50k Note: $65 minimum fee 34. Town of Warren Town of Warren Project Valuation Fee Schedule $1 to $10,000 $13.00 per $1,000 From $10,001 to $50,000 $130 + $11.00 per $1,000 exceeding $10k From $50,001 to no limit $570 + $9.00 per $1,000 exceeding $50k Note: $65 minimum fee 35. City of Warwick City of Warwick Project Valuation Fee Schedule $1 to $10,000 $10.00 per $1,000 From $10,001 to $50,000 $100 + $8.00 per $1,000 exceeding $10k From $50,001 to no limit $420 + $6.00 per $1,000 exceeding $50k Note: $75 minimum fee 36. Town of Westerly Town of Westerly Project Valuation Fee Schedule $1 to $10,000 $10.00 per $1,000 From $10,001 to $50,000 $100 + $8.00 per $1,000 exceeding $10k From $50,001 to no limit $420 + $6.00 per $1,000 exceeding $50k Note: $50 minimum fee 37. Town of West Greenwich Town of West Greenwich Project Valuation Fee Schedule $1 to $10,000 $11.00 per $1,000 From $10,001 to $50,000 $110 + $9.00 per $1,000 exceeding $10k From $50,001 to no limit $470 + $7.00 per $1,000 exceeding $50k Note: $50 minimum fee 38. Town of West Warwick Town of West Warwick Project Valuation Fee Schedule $1 to $10,000 $20.00 per $1,000 From $10,001 to $50,000 $200 + $18.00 per $1,000 exceeding $10k From $50,001 to no limit $920 + $16.00 per $1,000 exceeding $50k Note: $75 minimum fee 39. City of Woonsocket City of Woonsocket Project Valuation Fee Schedule $1 to $10,000 $15.00 per $1,000 From $10,001 to $50,000 $150 + $13.00 per $1,000 exceeding $10k From $50,001 to no limit $670 + $11.00 per $1,000 exceeding $50k Note: $75 minimum fee