015 of 2010 - allowing for expedited building plan review, limited renewal of expired building plan reviews, grant 0 10-1
0 10-4
SALT LAKE CITY ORDINANCE
No. 15 of 2010
(An ordinance allowing for expedited building plan review, limited renewal of expired
building plan reviews, granting a one-time extension to certain plan review expiration dates,
and amending sections 18.32.035 (fees) and 18.20.050 (building permit application, review
and permit issuance conditions) of the Salt Lake City Code regarding fees for temporary
certificates of occupancy.)
An ordinance amending section 18.32.035 (fees) of the Salt Lake City Code pertaining to
fees for temporary certificates of occupancy, expedited plan reviews, and expired plan review
renewal; amending section 18.20.050 (building permit application, review, and permit issuance
conditions) of the Salt Lake City Code allowing expedited review of building permit plans and
limited renewal of expired plan reviews; and providing a one-time extension of certain expired
plan reviews.
WHEREAS, Section 105.3.2 of the 2006 International Building Code, as adopted in
Section 18.32.020 Of the Salt Lake City Code, contains a 180-day time limit for expiration of
building plan reviews (also known as "plan check"); such expiration provisions address
applicant inaction, not City inaction; and
WHEREAS, due to the current crisis in the financial markets and development industry
that has created significant obstacles to obtaining development project financing, many
development projects will likely be subject to building plan review expiration; and
WHEREAS, the expiration of plan reviews (also known as "plan check") will
require such projects to go through the plan review process again, resulting in costly
delays that may ultimately require those projects to be permanently shelved, likely causing
further disruption to the local economy and local property tax base; and
WHEREAS, the Council finds there is an immediate need to preserve public
•
health, safety and welfare insofar as certain building plan checks will expire within the next
year which may likely cause further disruption to the local economy and the City's property tax
base; and
WHEREAS, extending the expiration dates of the plan reviews subject to this
ordinance until December 31, 2010 will allow the City to maintain the status quo so that
the City can analyze additional measures that may be necessary to address the current
financial crisis and its impact on development within the City.
WHEREAS, this ordinance expresses the intent of the City Council to promote a
more efficient plan review process and, without which there is the potential that plan review
expiration could result in insurmountable financial burden caused by starting the review process
over, negative impacts to applicants' rights by potential ordinance and code amendments; and
WHEREAS, extending plan review expiration dates to December 31, 2010 of those
building plan reviews that were/are scheduled to expire on or after January 1, 2008, will provide
a reasonable increase in the time limit to obtain building permits; and
WHEREAS, it is in the best interests of the City and its citizens to extend to December
31, 2010 the expiration dates for building plan reviews that were/are scheduled to expire on or
after January 1, 2008, insofar as such extension of time would be beneficial to the City's
customers, would preserve vested rights and would be consistent with all other existing statutory
requirements; and
WHEREAS, it is in the best interests of the City and its citizens for the City to charge a
fee for the issuance of each temporary certificate of occupancy;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
2
SECTION 1. That Section 18.32.035 of the Salt Lake City Code (Fees) shall be and
hereby is amended to read as follows:
Building permit fees shall be based on the total valuation of the proposed project as set
forth in the following table:
Total Valuation Fee
$1.00 to $500.00 $31.23
$501.00 to $2,000.00 $31.23 for the first $500.00 plus $4.05 for each additional $100.00, or
fraction thereof, to and including $2,000.00
$2,001.00 to $92.02 for the first $2,000.00 plus $18.60 for each additional
$25,000.00 $1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $520.59 for the first $25,000.00 plus $13.42 for each additional
$50,000.00 $1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $855.47 for the first $50,000.00 plus $9.30 for each additional
$100,000.00 $1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $1,320.57 for the first $100,000.00 plus $7.44 for each additional
$500,000.00 $1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $4,297.27 for the first $500,000.00 plus $6.31 for each additional
$1,000,000.00 $1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up $7,453.36 for the first $1,000,000.00 plus $4.85 for each additional
$1,000.00, or fraction thereof
Plan review fees shall be sixty five percent (65%) of the building permit fees.
Fees to expedite building plan review as governed by section 18.20.050 of this code shall
be 2 times the standard building plan review fee.
Penalties for not obtaining Permanent Certificate of Occupancy will be $300 dollars for
each month, after the initial 30 day Temporary Certificate of Occupancy, which has no
additional cost associated with it; due before the first of the month and only allowed for
up to three renewals after the initial free 30 day period. Partial months will not be
refunded.
Fees for renewing expired plan review after 180 days as governed by section 18.20.110 of
this code shall be %z of the original plan review fee up to a maximum of$1,000, plus $113
dollars an hour for review necessitated by changes in codes and ordinances (two-hour
minimum).
3
Other fees shall consist of electrical, mechanical and plumbing fees as set forth in
sections 18.36.100 through 18.36.130, 18.52.050, and 18.56.040 of this title or their
successor sections.
SECTION 2. That Section 18.20.050 of the Salt Lake City Code (Application; Review;
Permit Issuance Conditions) shall be and hereby is amended to read as follows:
A. Except as provided in paragraph B. of this section, the application plans and data filed
by an applicant for a building permit shall be checked by the building official. Said
application may be reviewed by other government agencies or departments to check
compliance with the laws and ordinances under their jurisdiction. If the building
official is satisfied that the work described in an application for a building permit and
plans filed therewith conform to the requirements of this title and other pertinent
ordinances and laws and that the required fees have been paid, the building official
shall issue a permit therefor to the applicant. The building official may issue a permit
for the construction of part of a building or structure before the entire plans and
specifications for the whole building or structure have been submitted or approved,
provided adequate information and detailed statements have been filed complying
with all pertinent requirements of this title. The holder of such permit shall proceed at
his or her own risk without assurance that the permit for the entire building or
structure will be granted.
B. Expedited plan review. A building permit applicant may seek an expedited building
plan review, provided that the applicant pay the expedited plan review fee set forth in
section 18.32.035 of this code. The expedited building plan review may be conducted
by a qualified third party with significant experience conducting building plan
reviews, as selected and approved by the Building Official. The person(s) assigned to
conduct the expedited building plan review shall provide initial comments, including
corrections to be made to the building plans, within ten (10) business days of the date
the application was filed.
C. Plan review expiration. If a building permit applicant fails to submit corrected
building plans in accordance with the comments and requirements of the Building
Services Division or its authorized representative within 180 days of the Division
transmitting such comments and requirements to the applicant, or if the applicant fails
to pay the required building permit fee within 180 days of the Division informing the
applicant that its building plans are approved and the building permit fee is due, the
plan review shall expire at the end of such period and the review become null and
void. An expired plan review may be renewed, provided that the applicant pay the
plan review renewal fee established in section 18.32.035 of this code, however, no
plan review may be renewed after three years from the original submission date.
4
•
SECTION 3. That, notwithstanding the provisions of section 18.20.110 of the Salt Lake
City Code, building plan reviews that expired or are scheduled to expire on or after January 1,
2008 but not after December 31, 2010 shall be and are hereby deemed to have a new expiration
date of December 31, 2010, provided that such deadline extension is not otherwise inconsistent
with state law. The benefit of an extended plan review expiration date provided by this provision
may be waived at the applicant's request.
SECTION 4. Effective Date: This ordinance shall take effect immediately upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah this 9th day of March ,
2010.
%........
•
ER ON
ATTEST:
ITY RECORDE `- ;�r�!► - ; 12,1
Transmitted to Mayor on 3/15/10 9+P_R A"CES��
Mayor's Action: Approved. Vetoed.
/7
/4"/A
JA '
MAY•iA/./!/. d & n
CITY REC•RDER or:/� ��IS
r/`�f \s APPROVED AS TO FORM
y ���`���� Salt Lake City Attorneys Office
siy 41 1� Date:
(SEAL) n 4 ,1
s By:
„eO '7, Pa I C.Nie ,Se for City Attorney
Bill No. 15 of 2010. _ "
Published: 312�( 2olO. ``�
HB_ATTY-#8561-v6-Ordinance_-_expedited_plan_review and_extensions.DOC
5