ORDINANCE NO. BL2004-175

SUBSTITUTE ORDINANCE NO. 2004-175

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration.

WHEREAS, the fee schedules utilized by the Department of Codes Administration have been in place for a number of years; and,

WHEREAS, an independent consultant was retained to determine whether and to what extent a fee increase is necessary to cover the full cost of services provided by the Department of Codes Administration and the Metropolitan Fire Marshal’s office for plans review and inspection services related to building construction; and,

WHEREAS, the independent consultant performed an audit of the scope of services provided by the Department of Codes Administration, Fire Marshal’s office and others related to building construction; and,

WHEREAS, the independent consultant determined that a fee increase is reasonable and necessary to cover the full cost of providing said services; and,

WHEREAS, the fee schedules proposed herein are based upon the recommendation of the independent consultant.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 16.12.220 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

16.12.220 Fee schedule--Fixture classifications.
A. No plumbing permit shall be held valid until the fees prescribed in this section shall have been paid, nor shall an amendment or change to an existing permit be approved until such additional fees as may be due shall have been paid.

B. Permit fees for the installation of plumbing systems, devices, equipment and fixtures, including but not limited to the installation of fixtures, sewer connections, septic tanks, hot water heaters, repairs and alterations to existing plumbing installations and systems, shall be as follows:

Minimum fee (each permit) ... $50.00

*Plumbing fixtures (each fixture) ... $6.00

Each additional building drain ... $20.00

Sewer connection ... $50.00

Water service connection ... $50.00

Septic tank and disposal field ... $50.00

Repair or alteration to an
existing septic tank or field ... $20.00

Hot water heater ... $12.00

Yard water … $20.00

Yard Sewer … $20.00

Re-inspection fee ... $30.00

* Each fixture outlet shall be counted as one fixture in figuring the total permit fee, whether or not the fixture is actually set at the time the plumbing system is installed.

C. The classifications listed below, among others, shall each be counted as one fixture:

Area drains;
Backflow preventers;
Baptisteries;
Bathtubs (with or without overhead shower);
Boiler blow-off tanks;
Combination sink and tray;
Commercial icemakers.
Dental lavatory;
Dental unit or cuspidor;
Diluting tanks and interceptors;
Dishwasher (fixed unit);
Disposal units (commercial);
Drinking fountains;
Floor drains;
Grease traps and interceptors;
Kitchen sinks;
Lavatory;
Pools, fountains and aquaria;
Roof drains;
Shower drains;
Slop sinks
Solar panels when connected to plumbing system;
Sump pumps;
Swimming pools;
Urinals;
Washers (clothes, domestic, fixed drains);
Washers (commercial, fixed drains);
Water closets;
Water tanks.

Section 2. That Section 16.16.400 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

16.16.400 Fees--Schedule--Classification of appliances.
A. No gas/mechanical permit shall be held valid until the fees prescribed in this section shall have been paid, nor shall an amendment or change to an existing permit be approved until such additional fees as may be due shall have been paid.

B. Permit fees for the installation of gas/mechanical systems, devices, equipment and fixtures, including but not limited to the installation of fixtures, repairs and alterations to existing gas/mechanical installations and systems, shall be as follows:

1. Fee schedule.

Minimum fee (each permit) ... $50.00

*Gas and/or mechanical appliance
(each appliance) ... $6.00

Gas meter connection ... $6.00

Hot water heater ... $12.00

Fuel Piping (under ground fuel lines) ... $30.00

Re-inspection fee ... $30.00

* Each appliance outlet shall be counted as one appliance in figuring the total permit fee, whether or not the appliance is actually installed at the time the gas/mechanical system is installed.

2. In addition, fees for heating, ventilating, ductwork (installation without heating/cooling equipment), air-conditioning and refrigeration systems or alterations or replacement and/or additions shall also be based upon total Btuh and/or kilowatts input of all appliances at the rate of twenty dollars ($20.00) per one hundred thousand Btuh or fraction thereof.

C. The classifications listed below shall each be counted as one fixture, equipment or appliance:

Air-conditioning unit;
Air handling unit;
Alt. fuel system;
Boiler;
Broiler;
Collector, dust etc.;
Condensing unit or condenser;
Cooling tower;
Conversion burner;
Dryer;
Duct heater;
Duct system;
Exhaust fan, hood;
Factory built fireplace or insert;
Fire or smoke damper;
Fryer;
Furnace;
Gas logs unit;
Gas piping;
Grill or griddle;
Heat exchanger;
Humidifier or dehumidifier;
Incinerator;
Infrared heater;
Make up air unit;
Oven;
Package unit;
Pool or sauna heater;
Power venter;
Radon removal system;
Range or cook top unit;
Recirculating fan unit;
Refrigeration unit;
Rooftop unit;
Room heater;
Stationary gas engines, turbines;
Stove, solid fuel or laundry;
Tank, oil or LP;
Unit heater;
Water heater or circulation tank.

Section 3. That Section 16.20.250 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

16.20.250 Fees--Schedule.
A. No electrical permit shall be held valid until the fees prescribed in this section shall have been paid, nor shall an amendment or change to an existing permit be approved until such additional fees, as may be due, shall have been paid.

B. In addition to any other penalty imposed for failure to obtain a permit where electrical work of any type, for which a permit is required, is commenced before a permit is issued, the permit fees shall be tripled.

C. Permit fees for the installation of any electrical system or part thereof, including but not limited to the installation of both new electrical systems and additions, alterations and repairs to existing electrical systems, the installation of electrical fixtures, equipment and devices and appurtenances thereto, shall be as follows:

1. Lighting circuits or any circuit where outlets are intended to be installed for low-voltage devices or lamp-holding devices and receptacles for the attachment of small, portable electrical devices and appliances; 130 volts or less:

a. For the installation of 10 or less such outlets ... $ 4.50

b. For additional outlets over 10, each ... $0.40

2. Motors and generators:

One horsepower or less each ... $1.50

Over 1 and including 10 horsepower, each ... $6.00

Over 10 horsepower, each ... $10.50

Motor-generator sets ... $15.00

3. Electric ranges:

Residential, each ... $15.00

Commercial, each ... $18.00

4. Water heaters:

Residential, each ... $12.00

Commercial, each ... $15.00

5. Electric heat and electrically heated appliances other than ranges and water heaters:

Over 1 kw and including 5 kw, each ... $6.00

Over 5 kw and including 10 kw, each ... $10.50

Over 10 kw, each ... $15.00

6. Electric dryers:

Residential, each ... $7.50

Commercial, each ... $10.50

7. Electric signs (excluding service), each ... $15.00

8. Lunch wagons, bookmobiles, medical service vehicles, and similar structures on wheels, for lighting only ... $15.00
(Motors, appliances and devices installed in such lunch wagons and similar structures shall be charged the same rate as prescribed for such motors, appliances and devices.)

9. Service, new installation, increasing size, or relocation, per meter ... $9.00

10. Installation of any wiring, device, apparatus, appliance or equipment not specifically covered herein, such as but not limited to disconnects, 220 volt receptacles, each ... $6.00

11. Distribution, lighting or switch panels:

Up to and including 200 amperes, each ... $7.50

201 to 400 amperes, each ... $15.00

401 to 800 amperes, each ... $22.50

801 to 1600 amperes, each ... $37.50

1601 to 3000 amperes, each ... $60.00

3001 to 6000 amperes, each ... $112.50

Each additional 100 amperes or fraction thereof ... $2.25

12. Minimum fee ... $50.00
(Including permit for the installation of any electrical system or part thereof, including but not limited to the installation of both new electrical systems and additions, alterations and repairs to existing electrical systems, the installation of electrical fixtures, equipment and devices and appurtenances thereto, temporary services, etc.)

13. Re-inspection fee ... $30.00

14. Service releases:

Residential, one-family or two-family, except condominium units, each service riser ... $50.00.

Residential, more than two-family, and condominium units, each service riser ... $50.00.

Commercial or industrial, each service riser ... $75.00

15. Emergency re-connection of service, each ... $75.00

Section 4. That Section 16.24.650 of the Metropolitan Code of Laws is hereby amended by adding a new sentence to the end of Subsection A as follows:

Indirect costs that may be assessed against the property owner shall include, but not be limited to, the cost of postage, advertising, title searches, and recording fees and shall include an administrative fee in the amount of Two Hundred Eighty dollars ($280.00) per demolition project to cover staff time in the administration of each demolition case.

Section 5. That Section 16.28.110 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

16.28.110 Fees schedule.
A. Building Permit Fees.

1. Building Permit Fees for Residential Construction based on valuation. Residential
construction includes one-family and two-family residential construction but not multi-
family construction.

$0.00 to $2,000.00 $25.00

$2,000.01 to $50,000.00 $25.00 for the first $2,000.00 plus $5.00 for each additional thousand or fraction thereof, to and including $50,000.00.

$50,000.01 to $100,000.00 $265.00 for the first $50,000.00 plus $4.00 for each additional thousand or fraction thereof, to and including $100,000.00.

$100,000.01 to $500,000.00 $465.50 for the first $100,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $500,000.00

$500,000.01 and up $1,665.00 for the first $500,000.00 plus $2.00 for each additional thousand or fraction thereof.

2. Building Permit Fees for Commercial Construction and all other Construction based on valuation.

$0.00 to $2,000.00 $35.00.

$2000.01 to $50,000.00 $35.00 for the first $2,000.00 plus $6.00 for each additional thousand or fraction thereof, to and including $50,000.00.

$50,000.01 to $100,000.00 $323.00 for the first $50,000.00 plus $4.83 for each additional thousand or fraction thereof, to and including $100,000.00.

$100,000.01 to $500,000.00 $564.50 for the first $100,000.00 plus $3.63 for each additional thousand or fraction thereof, to and including $500,000.00.

$500,000.01 and up $2016.50 for the first $500,000.00 plus $2.42 for each additional thousand or fraction thereof.

B. Moving of Buildings or Structures. For the moving of any building or structure where such necessitates the transportation of such building or structure in public rights-of-way or on public streets, the fee shall be two hundred and fifty dollars ($250.00); except, that such fee shall not be charged for the moving of temporary construction office sheds, mobile homes or house trailers.

C. Signs. For the erection, construction or alteration of any sign, billboard, awning, marquee or similar structure, the fee shall be determined from Section A above using the schedule for commercial construction.

D. Trailers and Mobile Homes. For each trailer or mobile home located on an individual site, lot, trailer park, mobile home subdivision or apartment complex, there shall be a fee of fifty dollars ($50.00), such fee to be charged on the original location of a trailer or mobile home on the site. For each succeeding trailer or mobile home moved onto a lot not within a trailer park, mobile home subdivision or apartment complex, there shall be required a use and occupancy permit.

E. Certificate of Occupancy and Compliance. For the issuance of a use and occupancy permit or certificate of compliance where there has been no building permit issued, the fee shall be Fifty dollars ($50.00).

F. Blasting. For blasting permits required by section 16.28.020, the fee shall be Fifty dollars ($50.00) for a blasting permit valid up to six months, and One Hundred dollars ($100.00) for a blasting permit valid up to twelve months.

G. Re-inspection Fee. For a re-inspection, the fee shall be Thirty dollars ($30.00).

H. Plans Examination Fees.

1. For the examination for code compliance of plans, specifications, drawings and other data, the plans examination fee shall be:

$0.00 to $275,000.00 one-half of the building permit fee as set forth in subsection A of this section.

$275,000.01 to $5,000,000.00 $600.00 for the first $275,000.00 plus $0.08 per thousand for each additional thousand or fraction thereof, to and including $5,000,000.00.

$5,000,000.01 and above $978.00 for the first $5,000,000.00 plus $0.03 per thousand for each additional thousand or fraction thereof.

Such plan-examination fee is in addition to the building permit fee and in no case shall this be refunded even if there is not a subsequent building permit issued. If an issued building permit is due a refund as per Section 16.28.140, in no case shall the plans examination fee be refunded.

2. Exceptions from plans examination fee:

a. One- and two-family dwelling building permits;

b. Townhouse building permits;

c. Demolition permits;

d. Blasting permits;

e. Sign permits;

f. U & O permits.

Section 6. That Section 16.28.120 of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

16.28.120 Valuations--Computations.
A. New Building or Structures and Additions. For the purpose of determining permit fees only for new buildings or structures and additions, valuations will be computed by using the "cost-per-square foot" figures as shown in the Building Valuation Data, as published by the International Code Council. The value is based on construction type, occupancy group, the building area and without use of a regional modifier. "Valuation" means total cost of all structures which includes structural, electrical, plumbing, mechanical system and other systems, interior finish, normal site preparation (excavation and backfill for building), architectural and design fees, overhead and profit, but excluding land cost.

B. Remodeling Existing Buildings or Structures. For the purpose of determining permit fees, the "valuation" means the total cost of the project(s) including the cost of materials (including those supplied by owners), interior/exterior finishes, architectural and design fees, labor, overhead, profit, including all plumbing, electrical, mechanical and other systems.

Section 7. That this ordinance shall take effect upon its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore, Jason Alexander, Erik Cole

LEGISLATIVE HISTORY
Introduced:	March 2, 2004
Deferred:	March 2, 2004
Substitute Introduced:	March 16, 2004
Passed First Reading:	March 16, 2004
Referred to:	Budget & Finance Committee Codes, Fair & Farmers Market Committee
Passed Second Reading:	April 6, 2004
Passed Third Reading:	April 20, 2004
Approved:	April 21, 2004
By: