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1-501 Purpose
This article establishes regulations for implementation of Health and Safety Code Sections 18931.6 and 18931.7, to require a surcharge on building permits in order to provide funds, upon appropriation, for the California Building Standards Commission, Department of Housing and Community Development and Office of the State Fire Marshal to use in carrying out the provisions of California Building Standards Law and of State Housing Law relating to building standards, with emphasis placed on the adoption, publication and educational efforts associated with green building standards. The fees are to be collected by cities, counties, and cities and counties and transmitted to the California Building Standards Commission. The fees are based on building permit valuation.
1-503 Definitions
1-505 Fee Assessment
  1. Fees shall be levied on building permits required for all disciplines covered by Title 24, including, but not limited to, building, electrical, mechanical and plumbing, and for which a valuation is made.
  2. Fees are assessed at a rate of $4 per $100,000, or fractions thereof, of each building permit valuation, but not less than $1 per permit, as shown in Table 1-505:
    1. Cities, counties, and cities and counties may retain up to ten percent (10%) of the fees for related administrative costs, code enforcement, and education as permitted by Health and Safety Code Section 18931.6.
    2. When a building permit is issued and no valuation is made, the city, county, or city and county may exempt that permit from fee assessment.
  3. The Commission may reduce the rate of the fee by regulation upon determination that a lesser fee is sufficient to carry out the programs of the Commission, the Department and the Office. The Commission may establish a termination date or duration for the fee reduction period.
Authority: Government Code Section 11346 et seq. and Health and Safety Code Sections 18930.5, 18931(f), 18931.6, 18931.7 and 18949.6.
Reference: Government Code Section 11346 et seq. and Health and Safety Code Sections 18930.5, 18931(f), 18931.6, 18931.7 and 18949.6.
TABLE 1-505
BUILDING PERMIT VALUATION FEE
BUILDING PERMIT VALUATION FEE
$1 — $25,000 $1
$25,000.01 — $50,000 $2
$50,000.01 — $75,000 $3
$75,000.01 — $100,000 $4
Every $25,000 or fraction thereof above $100,000 Add $1
1-507 Fee Collection
  1. Cities, counties, and cities and counties shall submit fees each quarter, commencing with the quarter beginning January 1 and ending March 31, 2009, due on the 15th day of the following month.
    1. Each quarter, a city, county, and city and county shall submit a completed Fee Report Form (BSC-2) and payment to the California Building Standards Commission for the fees collected that quarter.
    2. A Contact Information Form (BSC-3) shall accompany the Fee Report Form and payment only when contact information changes. Such changes include the city, county, or city and county address, telephone number(s), office or department contact, and/or building official.
    3. For a check payment, the check shall be mailed together with the certified quarterly Fee Report Form (BSC-2) and Contact Information Form as appropriate, to the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. For an electronic payment (see Note), the payment receipt shall be emailed together with the certified quarterly Fee Report Form (BSC-2), and Contact Information Form as appropriate, to BSASRF_Fee@dgs.ca.gov.
      Note: Only the CBSC-approved electronic payment platform shall be used for electronic payments. Forms, a detailed guidebook and information regarding the electronic payment platform are available at the Commission's Building Permit Fee webpage - dgs.ca.gov/BSC/BSASRF---The-Building-Permit-Fee.
  2. The Commission shall deposit the moneys collected into the Building Standards Administration Special Revolving Fund for use, upon appropriation, by the Commission, the Department, and the Office as specified in Section 1-501.
Authority: Health and Safety Code Sections 18909(c), 18929, 18930.5, 18931.6, 18931.7 and 18949.6.
Reference: Health and Safety Code Sections 18930.5, 18931.6 and 18931.7.
1-509 Request for Refund of Fees
  1. When a city, county or city and county determines that excess fees were paid in error due to a miscalculation, a written request for refund may be filed with the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. The request for refund shall be submitted with all of the following:
    1. A detailed summary describing the circumstances surrounding the miscalculation that occurred regarding the incorrect submission of fees;
    2. Documentation that demonstrates how the amount error occurred, and showing the correct amount;
    3. Written certification that the refund amount is accurate and true.
  2. Receipt of a request for refund of fees shall be acknowledged by the California Building Standards Commission in writing within 45 days of receipt. The acknowledgement shall include whether additional supporting documentation is required in order to verify the refund amount.
  3. Should a city, county, or city and county be delinquent in any past quarterly fee submissions, the past due quarterly fee reports and respective payments shall be made current prior to resolution regarding a refund.
Authority: Health and Safety Code Sections 18909(c), 18929, 18930.5, 18931.6, 18931.7 and 18949.6.
Reference: Health and Safety Code Sections 18930.5, 18931.6 and 18931.7.
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