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City Council

Regular Meeting

Danbury, CT · December 17, 2024

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Minutes

~AD HOC REPORT~ Review Amendments to Ord. Sec. 6-21: Building Permit Fees Tuesday, December 17, 2024 Chairman Peter Buzaid called the meeting to order at 6:30 p.m. on Tuesday, December 17, 2024. Present were Committee Members Cheryl Wallace-Smith and Irving Fox. From the City were: James Schullery, Building Inspector; Joseph Mortelliti, Outside Counsel; Dan Garrick, Director of Finance; Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; and Laura Marchi, Building Department Secretary. Ex Officio Member present was Joseph Britton. Present from the public was Tom Brown. Mr. Schullery discussed the proposed amendments to the Building Permit Ordinance. He provided a brief overview of the building permit fees schedule changes. The proposed changes will simplify the process and support operation costs. He clarified the service-based fees and budget with Chair Buzaid. Member Fox requested more information from the department regarding incurred costs and permit data to justify the proposed fee increases. Furthermore, he expressed concern regarding the high fee increases for residential permits compared to commercial. Mr. Schullery explained how inflation played a major role in the proposed fee increases. He clarified the Building Code definitions with Member Fox. Member Wallace-Smith spoke in favor of the proposed fee increases. She recommended modifying the fees to even the burden between residential and commercial. Mr. Schullery discussed how the fee increases will support the department’s business operations, such as recruitment and permit monitoring for residential. He provided a brief overview of the inflation data. Mayor Alves noted inflation has increased over 2.5%. Member Fox expressed concern regarding the lack of data regarding underlying costs to support the proposed fee increases. Mr. Schullery explained how building permit fees play a major role in infrastructure investment. Mayor Alves spoke in support of the proposed amendments to fund the department’s business operations. The department has not increased fees in over twenty years. Mr. Schullery and Mayor Alves explained how fee increases are necessary to prevent increasing property taxes. Member Wallace-Smith reiterated the importance of fee increases from a business perspective, to prevent increasing taxes for the public. Mayor Alves stated the department is proposing a fair solution and thanked City staff for their hard work. Mr. Schullery clarified the permit fees with Chair Buzaid. Mr. Mortelitti spoke on the need for the updates to the ordinance. Member Fox stated he agrees that the fees need to be updated however, he needs data about the department activity and how the profits from the fees will be used. Mr. Schullery spoke about the department’s need to create an accurate fee schedule to support business operations and for public clarity. Chair Buzaid requested that the department submit the requested information to the Committee. A motion made by Committee Member Fox, seconded by Committee Member Wallace-Smith, to continue this meeting subject to the call of the Chair, in order to obtain information asked by the Committee, and to add language in regard to regular updating of the ordinance. Motion carried unanimously. A motion made by Committee Member Fox, and seconded by Committee Member Wallace-Smith, to adjourn. The motion carries unanimously. The meeting adjourned at 7:26 p.m. Respectfully submitted, Peter Buzaid, Chair Cheryl Wallace-Smith Irving Fox

Agenda

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov MEETING NOTICE Who: City Council – Ad Hoc Committee When: 6:30 P.M. – Tuesday, December 17, 2024 Where: 3C, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: Review Amendment/s to Ord. Sec. 6-21: Building Permit Fees *Agenda Item on file in the Legislative Assistant’s Office and on the City website (Nov. 2024). Committee Members, Department Representatives & Petitioners: Peter Buzaid, Chair Cheryl Wallace-Smith, Councilwoman Irving Fox, Councilman Corporation Counsel Representative Dan Garrick, Finance Director James Schullery, Building Official Sean Hearty, Director of Permit Coordination Mayor’s Office Noticed: Mayor’s Office Posted: Town Clerk Information Board City Website Calendar Sec. 6-21. Amendment of State Building Code. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Value of work, actual cost of the work and actual cost of demolition mean and include the entire cost to the owner of construction, alteration, repair or demolition and shall include the value of all materials and labor used. (b) Fees generally. (1) In accordance with the provisions of section 108.2 of the State Building Code, before receiving a building permit the owner or his agent shall pay a fee in accordance with the following schedule and based on the value of the work to be performed: Valuation of Work Fee For single-family and multifamily residential structures One hundred dollars ($100.00)* Application Fee. below one thousand dollars ($1,000.00) in value One thousand dollars ($1,000) and above One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof* For commercial and industrial structures One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof * For separate permits, available at the option of the One hundred dollars ($100.00) Application Fee owner, covering mechanical, electrical, plumbing, (includes the first one thousand dollars ($1,000.00) in heating and air conditioning, sprinklers, chimneys and value) plus twenty dollars ($20.00) for each additional fireplaces, and similar isolated work one thousand dollars ($1,000.00) or part thereof * *Except that the fee for all residential and commercial structures located in the Downtown Revitalization Zone as specified in section 7.F. of the City of Danbury Zoning Regulations shall be reduced by fifty (50) percent. Any State fees shall not be reduced. No application for a building permit shall be processed without payment of the foregoing fees. If after the filing of an application for a building permit a change is made to the scope of the work to be performed which affects the value of the work, a new fee shall be calculated. Any increase in the fee shall be paid prior to the issuance of a building permit unless a building permit has already been issued, in which case said increased fee shall be paid prior to the issuance of a certificate of occupancy. Any decrease in the fee resulting from a change in the work shall be refunded in accordance with the provisions of subsection (e) of this section. (2) The fee established in subsection (b)(1) of this section shall cover the eight (8) inspections specified herein or so many thereof as are required or applied for on any particular project. Required inspections, to the extent applicable, include: a. Footing inspections. b. Footing drains and waterproofing. c. Rough electrical. d. Rough plumbing. e. Framing. f. Insulation. g. Gas or oil burner. h. Final; including, but not limited to, electrical, plumbing, fire divisions and exits. Additional inspections shall be performed for an additional fee of fifty dollars ($50.00) per inspection. Each separate trip to the site shall be deemed to be a separate inspection. Such additional fees shall be due and payable prior to the issuance of a certificate of occupancy. The holder of a valid building permit may request that some or all of the foregoing inspections be performed outside of normal business hours. The Building Official may authorize performance of such inspections outside of normal business hours if appropriate personnel are available to provide such service. No certificate of occupancy shall be issued to any permit holder for whom inspections have been performed outside of normal business hours until the permit holder has paid a fee to cover the additional expense incurred by the city in connection with such inspections. All such fees shall be in an amount equal to the wages paid to personnel performing said inspections. (c) Additional fees. Before receiving a permit or certificate for the following uses or for the conduct of any of the following activities, the owner or his agent shall pay the fee prescribed below: Type of Permit or Certificate Fee (1) Demolition permits One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus 5% of the actual cost of demolition (2) Permits for the moving of buildings Two hundred seventy-five dollars ($275.00) per building (3) Permits for wood stoves One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof (4) Permits for tanks All size capacities One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof (5) Permits for signs Any size One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof (6) Pools One hundred dollars ($100.00) Application Fee (includes the first one thousand dollars ($1,000.00) in value) plus twenty dollars ($20.00) for each additional one thousand dollars ($1,000.00) or part thereof (7) Residential Tent Fee One hundred dollars ($100.00) Application fee plus any other applicable fees as required (8) Event Permit Inspection Fee. Two hundred Fifty dollars ($250.00) Carnival, Circus, or similar type of event (9) Certificate of Occupancy Included in Permit Fees (10) Certificate of approval. For all completed work Included in Permit Fees that requires a building permit but does not require a certificate of occupancy. Such work shall include, but not be limited to: fences over six (6) feet in height; retaining walls over three (3) feet in height; and electrical, plumbing and mechanical repairs or alterations performed in the absence of additional work that requires a certificate of occupancy. (d) Exemptions. (1) Demolition performed by, or on behalf of, any State, Federal or Municipal government shall be exempt from the permit fee requirements of this section. (2) Artistic or cultural organizations shall be exempt from the permit fee requirements of this section, provided that the work for which a building permit is sought is intended to be used exclusively for carrying out the artistic or cultural activities of the organization. For purposes of this section, the term "artistic or cultural organization" means a nonprofit organization in the State which is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is the participation in, promotion, development, acceptance or appreciation of, artistic and cultural activities which shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts. In order to be eligible for exemption under this subsection, no officer, member or employee of such organization may receive or, during the calendar year preceding the building permit application, have received any pecuniary profit from the operations of the organization except reasonable compensation for services in effecting its artistic or cultural purposes or as proper beneficiary of the strictly charitable purposes thereof. (e) Refunds. (1) The first one hundred dollars ($100.00) is non-refundable. In the event that an application is withdrawn prior to the start of any type of work, the applicant may obtain a refund of eighty (80) percent of the remaining permit fee paid pursuant to the provisions of subsection (b)(1) of this section. One hundred dollars ($100.00) plus twenty (20) percent of said fee shall be retained to cover the costs associated with application and plan reviews. No such refund may be made unless the applicant shall apply for the refund within one (1) year of the date of application. (2) In the event of a change in the work which results in a reduction of the fee required pursuant to the provisions of subsection (b)(1) of this section, the applicant may obtain a refund of eighty (80) percent of said fee less the one hundred dollars ($100.00) application fee. One hundred ($100.00) plus twenty (20) percent of said fee shall be retained to cover the costs associated with application and plan reviews. No such refund may be made unless the applicant shall apply for the refund within one (1) year of the date of application. (3) In accordance with the provisions of the State Building Code, any building permit issued by the Building Official shall become invalid if the authorized work is not commenced within six (6) months after issuance of the permit. In the event of the expiration of a permit in accordance with the foregoing, the first one hundred dollars ($100.00) is non-refundable. The permittee may obtain a refund of eighty (80) percent of the remaining permit fee paid pursuant to the provisions of subsection (b)(1) of this section. One hundred dollars ($100.00) plus twenty (20) percent of said fee shall be retained to cover the costs associated with application and plan reviews. No such refund may be made unless the permittee shall apply for the refund within one (1) year of the date of issuance of the permit. (f) Renewal. (1) In accordance with the provisions of the State Building Code, any building permit issued by the Building Official shall become invalid if the authorized work is not commenced within six (6) months after the issuance of the permit, or if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing the work. In the event of the expiration of a building permit in accordance with the foregoing, the permittee may make application for the renewal of the permit upon payment of the fee required hereunder. (2) Renewal Fee Single family and multifamily residential Two hundred fifty Dollars ($250.00) structures Commercial and industrial structures Five hundred dollars ($500.00) Separate permits Fifty dollars ($50.00) (g) Investigative Research Investigative Research Fee After-fact permit research including but Two hundred dollars ($200.00) not limited to permit status, inspections, closeouts, unpermitted construction review. (Code 1961, § 6-02; Ord. of 8-28-1961; Ord. of 11-9-1961; Ord. of 10-4-1962; Ord. No. 26, 1-7-1965; Ord. No. 122, 12-5-1967; Ord. No. 176, 5-2-1972; Ord. No. 266, 2-3-1981; Ord. No. 297, 5-3-1983; Ord. No. 317, 6-4-1985; Ord. No. 368, 9-7-1988; Ord. No. 384, 2-6-1990; Ord. No. 419, 6-4-1991; Ord. No. 429, 11-7-1991; Ord. No. 525, 3-4- 1997; Ord. No. 528, 3-4-1997; Ord. No. 544, 5-2-2000; Ord. No. 559, 5-15-2001; Ord. No. 5770, 5-7-2002; Ord. No. 608, 4-6-2004; Ord. No. 719, § 6-02, 11-19-2012; Ord. No. 10, 5-6-2014) State law reference(s)—State building code, C.G.S. § 29-251 et seq.

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