21.1 Purpose

1. The purpose of these regulations is to establish a process and formula for establishing statewide building permit fees.

21.2 Legal Authority

1. These regulations are promulgated pursuant to R.I. Gen. Laws § 23-27.3-119 and in accordance with R.I. Gen. Laws § 42-35-1 et seq., the Administrative Procedures Act.

21.3 Severability

1. The provisions of these regulations are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances.

21.4 Definitions

1. A. As used in these regulations the following definitions will apply:

   1. 1. “Building permit fees” means categories of municipal fees set forth in R.I. Gen. Laws §§ 23-27.3-118 and 23-27.3-118.1.
   2. 2. “Commission” means the Rhode Island Building Code Commission.
   3. 3. “Commissioner” means the commissioner of the Rhode Island Building Code Commission.
   4. 4. “Data inputs” means the assumptions, data and other relevant information that are factored into the statewide permit formula.
   5. 5. “Fee schedule” means a schedule of building permit fees which are computed by applying the statewide permit formula.
   6. 6. “Municipality” means any city or town within the State of Rhode Island.
   7. 7. “Statewide permit formula” means the formula described in § 21.10 of this Part herein.

21.5 Applicability

1. The fee schedules established herein shall become effective on July 1, 2018 provided that the fee schedule established herein for a municipality that is granted an extended transition period shall become effective on July 1, 2020.

21.6 Municipal Requirements

1. The building permit fees assessed by municipalities shall be computed in accordance with the fee schedules listed in § 21.12 of this Part herein.

21.7 Commission Requirements

1. The fee schedule for each municipality shall be posted on the commission’s website ( http://www.ribcc.ri.gov/) and the website shall be updated whenever a change to a fee schedule is made so that all fee schedules posted on the website are current.

21.8 Adjusting of Fee Schedules

1. A. Adjustments to the fee schedules may be made by amending these regulations. Such amendments must be promulgated in accordance with R.I. Gen. Laws § 42-35-1 et seq., the Administrative Procedures Act.
2. B. The commissioner may, from time to time or upon a reasonable request from a municipality, request authorization from the commission to commence a promulgation process for purposes of making an adjustment to a municipality’s fee schedule. Municipal requests must be made, in writing, by the municipality’s chief executive or town council. A municipality’s request to the commissioner must provide the basis for why an adjustment is appropriate as well as all pertinent updated data inputs.

3. C. Authorization to commence a promulgation process shall not be granted by the commission unless it finds that:

   1. 1. the proposed adjustment is the result of the commissioner’s application of the statewide permit formula; or
   2. 2. that the proposed adjustment will result in a lower fee for contractors than the fee would be if the statewide permit formula was applied and the lower fee is requested, in writing, by the municipality’s chief executive or town council.
4. D. All adjustments to fee schedules shall become effective beginning the first day of July following the date when the amendment to these regulations becomes final provided that commission may establish a different effective date if it is in the best interest of the State.
5. E. Every three (3) years, the commissioner may examine whether fee schedule adjustments are appropriate. Upon written request from the commissioner, municipalities shall, within thirty (30) business days of the request, provide the commissioner with updated data inputs in a format (i.e., Excel spreadsheet) that is satisfactory to the commissioner.

21.9 Request for Extended Transition Period

1. A. A municipality may request an extended transition period which, if approved, means that the municipality’s fee schedule in effect on July 1, 2017, will remain its fee schedule through June 30, 2020.
2. B. Requests for the extended transition period must be made in writing by the municipality’s chief executive or town council and received by the commissioner by June 1, 2018. Timely requests received by the commissioner will be forwarded to the commission for consideration.
3. C. No request shall be granted unless approved by the commission.
4. D. Any municipality whose request for an extended transition period is granted must submit a written status report to the commissioner by January 1, 2019. The status report must include updated data inputs in a format (i.e., Excel spreadsheet) that is satisfactory to the commissioner and provide an update regarding the municipality’s approach for implementing a fee schedule that applies the statewide permit formula.
5. E. In the event that a municipality fails to submit a satisfactory status report, the commission may rescind its approval of an extended transition period which means that a fee schedule that applies the statewide permit formula will become effective for that municipality beginning on July 1, 2019, rather than July 1, 2020.

21.10 Statewide Permit Formula

1. When calculating fee schedules for municipalities, the commissioner shall apply a statewide permit formula. The statewide permit formula shall factor in various data inputs including but not limited to the size of the municipality, the budget and size of the municipality’s department, division or office that works on permitting issues, and the number and types of permitting actions that occur within the municipality.

21.11 Request for Reconsideration

1. A. A municipality may submit a request for reconsideration to the commissioner if it is aggrieved by one of the following actions:

   1. 1. The establishment of the municipality’s fee schedule.
   2. 2. An adjustment to the municipality’s fee schedule.
   3. 3. The commissioner’s denial of the municipality’s request for the commissioner to seek authorization from the commission to commence a promulgation process to adjust the municipality’s fee schedule.
   4. 4. The denial of the municipality’s request for an extended transition period.

2. B. A request for reconsideration must be in writing and received by the commissioner within fifteen (15) business days from

   1. 1. when the municipality learned of the action; or
   2. 2. when the municipality should have learned of the action, whichever is sooner.
3. C. The request for reconsideration must provide the basis for the request and clearly state the action that the municipality would like the commissioner and/or commission to take.

4. D. The commissioner shall respond to the municipality in writing within thirty (30) business days. The commissioner may

   1. 1. deny the request;
   2. 2. fully or partially approve the request provided that he or she has the authority to take the action being requested; or
   3. 3. place the request on the commission’s agenda for its consideration.

21.12 Fee Schedules

1. A. The fees specified in the below fee schedules are exclusive of the levy mandated by R.I. Gen. Laws § 23-27.3-108.2(c)(1).

   1. 1. Town of Barrington

      Town of Barrington
      Project Valuation	Fee Schedule
      $1 to	$10,000		$8.00	per $1,000
      From $10,001 to	$50,000	$80 +	$6.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$320 +	$4.00	per $1,000 exceeding $50k
      Note: $40 minimum fee

   2. 2. Town of Bristol

      Town of Bristol
      Project Valuation	Fee Schedule
      $1 to	$10,000		$9.00	per $1,000
      From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
      Note: $50 minimum fee

   3. 3. Town of Burrillville

      Town of Burrillville
      Project Valuation	Fee Schedule
      $1 to	$10,000		$10.00	per $1,000
      From $10,001 to	$50,000	$100 +	$8.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$420 +	$6.00	per $1,000 exceeding $50k
      Note: $65 minimum fee

   4. 4. City of Central Falls

      City of Central Falls
      Project Valuation	Fee Schedule
      $1 to	$10,000		$9.00	per $1,000
      From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
      Note: $65 minimum fee

   5. 5. Town of Charlestown

      Town of Charlestown
      Project Valuation	Fee Schedule
      $1 to	$10,000		$12.00	per $1,000
      From $10,001 to	$50,000	$120 +	$10.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$520 +	$8.00	per $1,000 exceeding $50k
      Note: $50 minimum fee

   6. 6. Town of Coventry

      Town of Coventry
      Project Valuation	Fee Schedule
      $1 to	$10,000		$9.00	per $1,000
      From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
      Note: $75 minimum fee

   7. 7. City of Cranston

      City of Cranston
      Project Valuation	Fee Schedule
      $1 to	$10,000		$20.00	per $1,000
      From $10,001 to	$50,000	$200 +	$18.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$920 +	$16.00	per $1,000 exceeding $50k
      Note: $75 minimum fee

   8. 8. Town of Cumberland

      Town of Cumberland
      Project Valuation	Fee Schedule
      $1 to	$10,000		$8.00	per $1,000
      From $10,001 to	$50,000	$80 +	$6.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$320 +	$4.00	per $1,000 exceeding $50k
      Note: $75 minimum fee

   9. 9. Town of East Greenwich

      Town of East Greenwich
      Project Valuation	Fee Schedule
      $1 to	$10,000		$17.00	per $1,000
      From $10,001 to	$50,000	$170 +	$15.00	per $1,000 exceeding $10k
      From $50,001 to	no limit	$770 +	$13.00	per $1,000 exceeding $50k
      Note: $65 minimum fee

   10. 10. City of East Providence

       City of East Providence
       Project Valuation	Fee Schedule
       $1 to	$10,000		$15.00	per $1,000
       From $10,001 to	$50,000	$150 +	$13.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$670 +	$11.00	per $1,000 exceeding $50k
       Note: $85 minimum fee

   11. 11. Town of Exeter

       Town of Exeter
       Project Valuation	Fee Schedule
       $1 to	$10,000		$10.00	per $1,000
       From $10,001 to	$50,000	$100 +	$8.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$420 +	$6.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   12. 12. Town of Foster

       Town of Foster
       Project Valuation	Fee Schedule
       $1 to	$10,000		$8.00	per $1,000
       From $10,001 to	$50,000	$80 +	$6.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$320 +	$4.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   13. 13. Town of Glocester

       Town of Glocester
       Project Valuation	Fee Schedule
       $1 to	$10,000		$13.00	per $1,000
       From $10,001 to	$50,000	$130 +	$11.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$570 +	$9.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   14. 14. Town of Hopkinton

       Town of Hopkinton
       Project Valuation	Fee Schedule
       $1 to	$10,000		$13.00	per $1,000
       From $10,001 to	$50,000	$130 +	$11.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$570 +	$9.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   15. 15. Town of Jamestown

       Town of Jamestown
       Project Valuation	Fee Schedule
       $1 to	$10,000		$12.00	per $1,000
       From $10,001 to	$50,000	$120 +	$10.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$520 +	$8.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   16. 16. Town of Johnston

       Town of Johnston
       Project Valuation	Fee Schedule
       $1 to	$10,000		$12.00	per $1,000
       From $10,001 to	$50,000	$120 +	$10.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$520 +	$8.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   17. 17. Town of Lincoln

       Town of Lincoln
       Project Valuation	Fee Schedule
       $1 to	$10,000		$15.00	per $1,000
       From $10,001 to	$50,000	$150 +	$13.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$670 +	$11.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   18. 18. Town of Little Compton

       Town of Little Compton
       Project Valuation	Fee Schedule
       $1 to	$10,000		$9.00	per $1,000
       From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   19. 19. Town of Middletown

       Town of Middletown
       Project Valuation	Fee Schedule
       $1 to	$10,000		$18.00	per $1,000
       From $10,001 to	$50,000	$180 +	$16.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$820 +	$14.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   20. 20. Town of Narragansett

       Town of Narragansett
       Project Valuation	Fee Schedule
       $1 to	$10,000		$9.00	per $1,000
       From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   21. 21. Town of New Shoreham

       Town of New Shoreham
       Project Valuation	Fee Schedule
       $1 to	$10,000		$13.00	per $1,000
       From $10,001 to	$50,000	$130 +	$11.00	per $1,000 exceeding $50k
       From $50,001 to	no limit	$570 +	$9.00	per $1,000 exceeding $10k
       Note: $65 minimum fee

   22. 22. City of Newport

       City of Newport
       Project Valuation	Fee Schedule
       $1 to	$10,000		$20.00	per $1,000
       From $10,001 to	$50,000	$200 +	$18.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$920 +	$16.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   23. 23. Town of North Kingstown

       Town of North Kingstown
       Project Valuation	Fee Schedule
       $1 to	$10,000		$11.00	per $1,000
       From $10,001 to	$50,000	$110 +	$9.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$470 +	$7.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   24. 24. Town of North Providence

       Town of North Providence
       Project Valuation	Fee Schedule
       $1 to	$10,000		$21.00	per $1,000
       From $10,001 to	$50,000	$ 210 +	$19.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$ 970 +	$17.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   25. 25. Town of North Smithfield

       Town of North Smithfield
       Project Valuation	Fee Schedule
       $1 to	$10,000		$10.00	per $1,000
       From $10,001 to	$50,000	$100 +	$8.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$420 +	$6.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   26. 26. City of Pawtucket

       City of Pawtucket
       Project Valuation	Fee Schedule
       $1 to	$10,000		$11.00	per $1,000
       From $10,001 to	$50,000	$110 +	$9.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$470 +	$7.00	per $1,000 exceeding $50k
       Note: $100 minimum fee

   27. 27. Town of Portsmouth

       Town of Portsmouth
       Project Valuation	Fee Schedule
       $1 to	$10,000		$12.00	per $1,000
       From $10,001 to	$50,000	$120 +	$10.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$520 +	$8.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   28. 28. City of Providence

       City of Providence
       Project Valuation	Fee Schedule
       $1 to	$10,000		$23.00	per $1,000
       From $10,001 to	$50,000	$230 +	$21.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$1070 +	$19.00	per $1,000 exceeding $50k
       Note: $125 minimum fee

   29. 29. Town of Richmond

       Town of Richmond
       Project Valuation	Fee Schedule
       $1 to	$10,000		$13.00	per $1,000
       From $10,001 to	$50,000	$130 +	$11.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$570 +	$9.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   30. 30. Town of Scituate

       Town of Scituate
       Project Valuation	Fee Schedule
       $1 to	$10,000		$9.00	per $1,000
       From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   31. 31. Town of Smithfield

       Town of Smithfield
       Project Valuation	Fee Schedule
       $1 to	$10,000		$8.00	per $1,000
       From $10,001 to	$50,000	$80 +	$6.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$320 +	$4.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   32. 32. Town of South Kingstown

       Town of South Kingstown
       Project Valuation	Fee Schedule
       $1 to	$10,000		$9.00	per $1,000
       From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
       Note: $40 minimum fee

   33. 33. Town of Tiverton

       Town of Tiverton
       Project Valuation	Fee Schedule
       $1 to	$10,000		$9.00	per $1,000
       From $10,001 to	$50,000	$90 +	$7.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$370 +	$5.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   34. 34. Town of Warren

       Town of Warren
       Project Valuation	Fee Schedule
       $1 to	$10,000		$13.00	per $1,000
       From $10,001 to	$50,000	$130 +	$11.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$570 +	$9.00	per $1,000 exceeding $50k
       Note: $65 minimum fee

   35. 35. City of Warwick

       City of Warwick
       Project Valuation	Fee Schedule
       $1 to	$10,000		$10.00	per $1,000
       From $10,001 to	$50,000	$100 +	$8.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$420 +	$6.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   36. 36. Town of Westerly

       Town of Westerly
       Project Valuation	Fee Schedule
       $1 to	$10,000		$10.00	per $1,000
       From $10,001 to	$50,000	$100 +	$8.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$420 +	$6.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   37. 37. Town of West Greenwich

       Town of West Greenwich
       Project Valuation	Fee Schedule
       $1 to	$10,000		$11.00	per $1,000
       From $10,001 to	$50,000	$110 +	$9.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$470 +	$7.00	per $1,000 exceeding $50k
       Note: $50 minimum fee

   38. 38. Town of West Warwick

       Town of West Warwick
       Project Valuation	Fee Schedule
       $1 to	$10,000		$20.00	per $1,000
       From $10,001 to	$50,000	$200 +	$18.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$920 +	$16.00	per $1,000 exceeding $50k
       Note: $75 minimum fee

   39. 39. City of Woonsocket

       City of Woonsocket
       Project Valuation	Fee Schedule
       $1 to	$10,000		$15.00	per $1,000
       From $10,001 to	$50,000	$150 +	$13.00	per $1,000 exceeding $10k
       From $50,001 to	no limit	$670 +	$11.00	per $1,000 exceeding $50k
       Note: $75 minimum fee