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Item J5 J5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: J5 2023-1865 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Ed Koconis N/A AGENDA ITEM WORDING: Approval of a Resolution amending Resolution 284-2023 the permitting fee schedule, adding fees associated with a new Building Safety Inspection Program(BSIP) including original and decennial application fees of$400.00, and re-reviews and extension request fees of$100.00; and providing for an implementation date. ITEM BACKGROUND: The fee schedule is amended from time to time in order to address both necessary changes, such as Code and/or process amendments, as well as changes proposed to clarify and/or amend existing fees. Staff is proposing to update the fee schedule to include fees associated with the implementation of a Building Safety Inspection Program(BSIP). These fees include original application fees, subsequent decennial inspection fees, fees for any necessary report re-reviews, and fees for extension requests. Currently, milestone inspections are required for condominium- or cooperative-owned buildings that are three or more stories,pursuant to Florida Statute 553.899. The fees will also apply to the County's expanded Building Safety Inspection Program once it is adopted. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: 2605 Resolution—Amending_Resolution—No._284-2023.pdf FINANCIAL IMPACT: 2606 2 3 MONROE COUNTY, FLORIDA 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5 RESOLUTION NO. -2023 6 7 A RESOLUTION AMENDING RESOLUTION NO. 284-2023, THE 8 PERMITTING FEE SCHEDULE; ADDING FEES ASSOCIATED WITH A 9 NEW BUILDING SAFETY INSPECTION PROGRAM (BSIP) INCLUDING 10 ORIGINAL AND SUBSEQUENT DECENNIAL APPLICATION FEES OF 11 $400.00, AND REPORT RE-REVIEWS AND EXTENSION REQUEST 12 FEES OF $100.00; AND PROVIDING FOR AN IMPLEMENTATION DATE. 13 14 15 WHEREAS, the County protects life and safety through review of construction 16 plans and inspection of construction work as provided by the Florida Building Code; and 17 18 WHEREAS, these services provided by the County are engaged at the discretion 19 of applicants and for the benefit of applicants; and 20 21 WHEREAS, the Monroe County Board of County Commissioners wish to provide 22 the citizens of the County with the best possible service in the most cost effective and 23 reasonable manner; and 24 25 WHEREAS, the Board finds that it would be in the best interests of the public to 26 charge costs for services, thereby placing the burden of such costs directly upon those 27 parties deriving the benefit from such services; and 28 29 WHEREAS, the updated fee schedule prepared by the Building Department for 30 providing these services includes the estimated direct costs associated with the review 31 and processing of applications for permits issued by the County; and 32 33 WHEREAS, the new Building Safety Inspection Program (BSIP) proposed fees, 34 including both original and subsequent decennial application fees of$400.00, and report 35 re-reviews and extension request fees of$100.00, represent reasonable amounts for the 36 required work to perform the required processes to result these procedures; and 37 38 WHEREAS, the Board heard testimony and evidence presented as to the 39 appropriate fee schedule. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 43 44 Section 1. The foregoing recitals are hereby incorporated as if fully stated herein. Pagel of 9 2607 45 46 Section 2. Pursuant to Monroe County Code, the following building permit fees (and 47 Floodplain and Developmental permit fees) were amended from those 48 implemented in Resolution 284-2023 and are hereby established: (All 49 applicable fees within this Fee Schedule are subject to Florida Permit 50 Surcharge Program Fees as per F.S. 553.721 and F.S. 468.631, which shall 51 be applied to all Building Permits at Issuance.) 52 53 (A) BUILDING PERMIT APPLICATION FEES: 54 55 1. Upon submission of application: 56 a. Valuation-based permit jobs valued at $5,000 or more require fifty percent 57 (50%) of the building permit fee due, with remaining balance of building 58 permit fee plus one hundred percent (100%) of planning, environmental, 59 and/or fire fee as applicable due at issuance. 60 b. Permit jobs valued at less than $5,000 require one hundred percent (100%) 61 of the fee due. 62 2. Job value will be based upon the submitted, legitimate contract price or 63 ICC/Construction Costs Valuation manuals. 64 65 (B) RESIDENTIAL BUILDING PERMIT FEES: 66 1. Sewer and Alarm Permits a. Sewer Lateral and Grinder Pump (Electric) Permits $70.00 associated with Sewer Lateral Permits (fee includes plumbing, electric, code compliance fee, education fee, technology and document processing fee, DBPR and DEO fees and is exempt from PRP fees, although PRP review may be required) b. Low Voltage Alarm System permits $40.00 67 68 2. For all other residential construction projects valued at less than $5,000, fees 69 for construction shall be based on the flat rates below. 70 Residential Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Residential $198.00 $6.00 $14.00 - $218.00 71 72 3. For residential construction projects valued at $5,000 or more, fees for 73 construction shall be based on the rates below and the applicant shall only be 74 assessed the fees for those disciplines which are deemed necessary for code 75 compliance. In the event a particular discipline review is not required for code 76 compliance, the applicant shall not be assessed the rate of that particular 77 discipline. For example, in the event only a Building review is deemed necessary 78 to ensure a particular application complies with Monroe County Code, the 79 applicant shall not be assessed the fee for Planning and Environmental. Page 2 of 9 2608 80 a. A project whose value exceeds the lowest value band shall be priced based 81 on value in band 1 times rate for band 1 plus the value in the next highest 82 band times the rate for that higher band. 83 b. Building fees shall be applied as follows: 84 i. The rate table below itemizes the maximum Building fee, which 85 includes all 5 building discipline reviews (Structural, Electrical, 86 Mechanical, Plumbing, and Flood disciplines). 87 ii. If no Building disciplines are involved in reviewing the permit, the 88 permit will be charged 25% of the maximum Building fee for 89 processing and application costs. 90 iii. If less than 5 building disciplines are involved, the permit will be 91 charged an additional 15% of the maximum Building fee (over the 92 25% for processing and application costs) for each of the Building 93 disciplines involved in reviewing the permit. 94 RESIDENTIAL PERMITS Job Value $5,000 or More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $39.60 $8.51 $9.43 $0.00 $57.54 2 $100,000 $299,999 $17.11 $4.90 $4.60 $0.00 $26.61 3 $300,000 $999,999 $12.03 $2.97 $2.50 $0.00 $17.50 4 $1,000,000 + $10.31 $3.10 $0.92 $0.00 $14.33 95 96 4. For residential projects which require plan review by Fire, including, but not 97 limited to, modular homes and community developments, the fees in Section (C) 98 shall apply. 99 100 (C) COMMERCIAL BUILDING PERMIT FEES: 101 102 1. For commercial construction projects valued at less than $5,000, fees for 103 construction shall be based on the flat rates below. 104 Commercial Fee per Application -Job Value<$5,000 Building Permits Building Planning Environmental Fire Total under$5,000 Commercial $198.00 $6.00 $14.00 $13.00 $231.00 105 106 2. For commercial construction projects valued at $5,000 or more, fees for 107 construction shall be based on the rates below and the applicant shall only be 108 assessed the fees for those disciplines which are deemed necessary for code 109 compliance. In the event a particular discipline review is not required for code 110 compliance, the applicant shall not be assessed the rate of that particular 111 discipline. For example, in the event only a Building review is deemed necessary 112 to ensure a particular application complies with Monroe County Code, the 113 applicant shall not be assessed the fee for Planning and Environmental. Page 3 of 9 2609 114 a. A project whose value exceeds the lowest value band shall be priced based 115 on value in band 1 times rate for band 1 plus the value in the next highest 116 band times the rate for that higher band. 117 b. Building Department fees shall be applied as follows: 118 i. The rate table below itemizes the maximum Building fee, which 119 includes all 5 building discipline reviews (Structural, Electrical, 120 Mechanical, Plumbing, and Flood disciplines). 121 ii. If no Building disciplines are involved in reviewing the permit, the 122 permit will be charged 25% of the maximum Building fee for 123 processing and application costs. 124 iii. If less than 5 building disciplines are involved, the permit will be 125 charged an additional 15% of the maximum Building fee (over the 126 25% for processing and application costs) for each of the Building 127 disciplines involved in reviewing the permit. 128 COMMERCIAL PERMITS Job Value $5,000 or More PROJECT VALUE Permit Cost per$1,000 Project Value Band From To Building Planning Environmental Fire Total 1 $5,000 $99,999 $39.60 $8.51 $9.43 $3.25 $60.79 2 $100,000 $299,999 $17.11 $4.90 $4.60 $9.72 $36.33 3 $300,000 $999,999 $12.03 $2.97 $2.50 $7.18 $24.68 4 $1,000,000 + $10.31 $3.10 $0.92 $5.91 $20.24 129 130 (D) ADDITIONAL FEES APPLIED TO ALL BUILDING PERMITS AT ISSUANCE: 131 1. Code Compliance - Contractor Investigation $11.00 2. Education: a. Building - New Residential or Commercial $25.00 b. Building - All Other Permits (per discipline per $2.00 permit 132 133 (E) FLOODPLAIN MANAGEMENT FEES: 134 1. Flood Certificate of Compliance $50.00 2. Flood Sale Inspection/Transfer of Ownership $170.00 3. Initial or recertified LOMR; LOMR-F; LOMA; CLOMR; $170.00 CLOMR-F 4. Variances to the Floodplain Management Requirements $1,934.00 Application Fee plus Hearing Fees* 5. Appeals (Administrative) Regarding Floodplain $1,934.00 Management Provisions Application Fee Page 4 of 9 2610 plus Hearing Fees* 6. *Hearing Fees. Applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee and shall be returned to the applicant if unused. If additional costs are incurred the remaining fee due must be paid prior to permit issuance. 7. Appeal of Preliminary Floodplain Maps $5,000.00 Deposit Plus $170.00 Floodplain discipline review Property owners that appeal Preliminary Floodplain maps (on a form provided by the County), that require Monroe County to process and/or review and issue a technical opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such permits by the County in accordance with Part 67.6 of the NFIP regulations shall bear the cost of the technical review being performed by a consultant hired for such reviews. At the request of the Floodplain Administrator Applicants shall be required to deposit a fee of$5,000.00 into an escrow account to cover the cost of experts hired by the Department to review technical data/evidence submitted by the applicant compared to the FEMA Preliminary map data/modeling Any unused funds deposited by the applicant will be returned upon the County forwarding the appeal to FEMA. Monroe County shall obtain an estimate from the consultant they intend to hire to review and/or conduct the technical review and if the cost for the review on behalf of Monroe County is higher than the $5,000.00, applicant shall remit the estimated amount. If, upon review by the technical consultant, the cost for the review is greater than $5,000.00, and only $5,000.00 was initially deposited, applicant shall pay additional fees. 135 136 (F) PLANNING AND ENVIRONMENTAL RESOURCES (DEVELOPMENTAL) FEES: 137 1. Research, minimum fee per hour or fraction thereof $65.00 2. Tree Removal / Tree Trimming / Landscaping — projects $78.00 valued at less than $5,000 3. Tree Removal / Tree Trimming / Landscaping — projects $225.00 valued at $5,000 or more 4. Invasive Exotic Vegetation Removal (10 or fewer stems) No Fee / Hazardous Tree Removal 5. Environmental Education for Rip-Rap, Restoration, and $10.00 Canal Restoration permits 6. Permit Referral Process (sent to Fish and Wildlife $776.00 Service) — may affect determination 138 Page 5 of 9 2611 139 (G) MISCELLANEOUS FEES: 140 1. Administrative Appeal of Building Official $1,934.00 a. plus Required Advertising $245.00 2. After Hours Inspections (per hour, two hour minimum) $97.00 3. Contractor Registration *State registered contractors are $50.00 exempt 4. Copies a. Approved Plan Set Reproduction and other copies $5.00 per page larger than 14 inches by 8 '/2 inches b. Other copies not more than 14 inches by 8 '/2 Use legislated fee inches per page (per FS 119.07(4)(a)1. and 2. c. Copies requiring more than 15 minutes of staff time Actual labor cost (per FS 119.07 4 a 3.and d 5. Extensions a. 90-day Permit Application Extension i. First 90-day Extension (per Permit) No Fee ii. Each subsequent 90-day Extension (per Permit) $100.00 b. Legislative Issued Permit Extension No Fee c. Monroe County 180-day Issued Permit Extension $250.00 6. Hurricane Shutters (valued less than $2,500) No Fee 7. Notice to Proceed $976.00 8. Permit Investigations related to closing open/expired permit on a real estate number/ parcel ID: a. Investigation concluding that permit has passed all No Fee required inspections, including those where County did not close permit after inspection(s) b. Investigation requiring review by Building Official, $65.00 Plans Examiners and/or Inspectors, minimum fee per real estate number/parcel ID (up to 1 hour staff time i. Each additional Hour of staff time or fraction $65.00 thereof, per real estate number/ parcel ID c. Permit Investigations not related to closing open / $65.00 expired permit on a real estate number / parcel ID, minimum fee per hour or fraction thereof 9. First failed inspection (per inspection code) No Fee 10.Reinspection - Each subsequent failed reinspection (per $100.00 inspection code 11.Reopen permit (per discipline) $65.00 12.Revision — New or Replacement Building Valuation-based Section B or C, Page 6 of 9 2612 with applicable items from D and/or G) at issuance. However, if any and all revisions are submitted within three years of the original permit issuance date, then 50% of the original fees from Section B. or C. shall be credited toward the revision fees; however in no case shall a refund be provided. 13.Revision — Not New or Replacement Building shall be Valuation-based based on the value of the revision only and the value of (Section B or C, the revision shall not be added back to the original permit with applicable valuation with a recalculation of all disciplines. items from D and/or G) for any and all additional work at issuance. In no case shall a refund be provided. 14.Corrections (to applications) No Fee 15.Temporary Construction Trailer $255.00 per trailer 16.Temporary Use / Temporary Tent $64.00 permit fee and an additional $64.00 per tent 17.Work commencing before permit issuance 100% penalty above the applicable valuation-based fee or flat fee for the work, plus code check com liance fees 18.Private Provider Fee Credit —A credit of 50% of the Valuation-based Permit fees fir projects valued at $5,000 or more shall (Section B or C) be given toward fees charged under Section B 3 or Page 7 of 9 2613 (C) (2) for projects that indicate they will use private provider for inspections AND plan review prior to submitting an application for permitting. A credit of 25% of the Permit fees for projects valued at $5,000 or more shall be given toward fees charged under Section (B) (3) or (C) (2) for projects that indicate they will use private provider for inspections OR plan review prior to submitting an application for permitting. If a project indicates they will use private provider in advance of the permit application and decides not to continue using a private provider after construction starts, they will owe the full permit fee prior to the County plans examiners or inspectors pursuing work under the permit. 19.Temporary Certificate of Occupancy/ Completion $100.00 20.Building Safety Inspection Program (BSIP) a. Processing of each original application $400.00 b. Processing of each subsequent decennial $400.00 application c. Each and every required re-review(s) of original or $100.00 subsequent decennial application d. Time extension request for original or subsequent $100.00 decennial application 141 142 Section 3. Fee schedules are provided for applicant convenience, but County staff 143 shall be responsible for confirming the facts of each application and the 144 amount of fees due, with the Building Official making the final decision. 145 146 Section 4. All applications for permits shall pay the amount confirmed by the County 147 prior to and as a condition of issuance of the permit. Fees that accumulate 148 after permit issuance shall be collected prior to Certificate of Occupancy or 149 prior to the permit being closed/completed, if applicable. 150 151 Section 5. Staff are directed to cancel uncollectable fees from permits in the system 152 after a permit is void or closed/completed if fees are determined to be 153 uncollectable by the written determination of the Building Official with written 154 concurrence from the Planning Director. 155 156 Section 6. Termination of the related construction work prior to completion shall not 157 entitle the applicant to a refund of fees paid. 158 159 Section 7. Projects of an infrequent or unusual nature that are not otherwise addressed 160 in this resolution shall be subject to an estimate of permit fees by County 161 staff as needed. Page 8 of 9 2614 162 163 Section 8. The fees established in this resolution shall be applicable through 164 September 30, 2024. Thereafter, annually, beginning October 1 of each 165 following year, they shall be adjusted by the percentage change in the CPI 166 from the previous year; except for those in Section 2. (B) 1, (D), (E) 1, 2, 3, 167 6 and 7, (F) 5, (G)1 a., 3, 4, 5, 7, 10, 19, and all other No Fee and Valuation- 168 based items. Every four to five years, the County will adjust fees based on 169 the most current appropriations applicable to provide development approval 170 services as conditions merit. 171 172 Section 9. Resolution No. 284-2023 is hereby rescinded. 173 174 Section 10. The staff is hereby directed to implement these fees on all applications 175 submitted on or after December 13, 2023. 176 177 Section 11. The Clerk of the Court is hereby directed to forward one (1) certified copy 178 of this Resolution to the Building Department. 179 180 181 182 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 183 County, Florida, at a regular meeting held on the day of December, 2023. 184 Mayor Holly Merrill Raschein Mayor Pro Tern James Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice 185 186 187 BOARD OF COUNTY COMMISSIONERS 188 OF MONROE COUNTY, FLORIDA 189 190 191 BY: 192 Mayor Holly Merrill Raschein 193 194 195 (SEAL) MONROE COUNTY ATTORNEY 196 ATTEST: KEVIN MADOK, CLERK APPROVED AS TO FORM 197 198 By 199 Deputy Clerk KELLY DUGAN 200 ASSISTANT COUNTY ATTORNEY Page 9 of 9 2615