Mont. Admin. r. 24.301.138

Current through Register Vol. 23, December 6, 2024

Rule 24.301.138 - CALCULATION OF FEES

(1) International Building Code (IBC) Section 109.2, Schedule of Permit Fees, is modified for use by the department with the following additions:

(a) Permit fees. The fee for each building permit is established in Table 109.2.

(b) Plan review fees. When submittal documents are required, a plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 109.2. If only plan review services are provided, the plan review fee for such services shall be 50 percent of the combined plan review and building permit fee.

(c) Add a new paragraph to IBC Section 109.2 to read: "Requested Inspection Fee - $75.00 per hour, with any portions of an hour rounded up to the next full hour. Travel and per diem may be charged as per the state of Montana's existing rates for these items."

(2) Both the building permit fee and the plan review fee must be paid before a building permit will be issued.

(3) The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees is the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

(4) The value or valuation of a building or structure under any of the provisions of the IBC will be determined using one of the following methods of determining valuation, listed in their order of priority:

(a) firm bids or contract amounts, if available;

(b) the design professional's preliminary cost estimate, if such estimate is available; or

(c) the cost per square foot method of valuation and the cost per square foot figures for the type of construction and occupancy group listed in the "Building Valuation Data" table of the January/February 2009 edition of "Building Safety Journal" magazine, published by the International Code Council.

(d) For purposes of modifying the building valuation values derived from the square-foot method calculations of (4)(c), the calculated building valuation shall be multiplied by a factor of 0.35 to arrive at a final calculated building valuation. For purposes of modifying firm bids or the design professional's preliminary cost estimate, the provided valuation shall be multiplied by a factor of 0.6 to arrive at a final building valuation.

(e) When in unusual circumstances the valuation calculated by the use of the "Building Valuation Data" table, the design professional's estimated project cost, firm bids, or contract amounts are determined to be unreasonable for the nature of the project, the department reserves the right to base the building permit fee and plan review fee on the best valuation information it has available to it.

(5) For purposes of calculation of fees, the building valuation shall be rounded off to the nearest $1000 and any calculated building and plan review fees shall be rounded off to the nearest $1.

(6) Fees for wind farm turbine foundations will be calculated as $200 for the first turbine and $100 for each additional turbine included in the project.

(7) Fees for solar fields will be calculated at $100/megawatt.

(8) As provided in ARM 24.301.203, local governments certified to enforce the state building code may establish their own permit fees. Local governments may also establish their own method of building valuation.

(9) For projects involving replacement of existing building components, such as roof coverings, siding, and windows, the department may use the requested inspection fee rate in calculating and assessing an appropriate and reasonable fee for projects in which such factors as material costs cause the plan review and building permit fee to exceed the cost of the service the department provides.

(10) A copy of the "Building Valuation Data" table may be obtained free of charge from the Department of Labor and Industry, Building and Commercial Measurements Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517.

TABLE 109.2

BUILDING PERMIT FEES

TOTAL VALUATION	FEE
$1 to $500	$23.50
$501 to $2000	$23.50 for first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2000
$2001 to $25,000	$69.25 for the first $2000 plus $14 for each additional $1000, or fraction thereof, to and including $25,000
$25,001 to $50,000	$391.75 for the first $25,000 plus $10.10 for each additional $1000, or fraction thereof, to and including $50,000
$50,001 to $100,000	$643.75 for the first $50,000 plus $7 for each additional $1000, or fraction thereof, to and including $100,000
$100,001 to $500,000	$993.75 for the first $100,000 plus $5.60 for each additional $1000, or fraction thereof to and including $500,000
$500,001 to $1,000,000	$3,233.75 for the first $500,000 plus $4.75 for each additional $1000, or fraction thereof, to and including $1,000,000
$1,000,001 and up	$5,608.75 for the first $1,000,000 plus $3.15 for each additional $1000, or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours $45.00 per hour (minimum charge - two hours)
2. Inspections for which no fee is specifically indicated $45.00 per hour (minimum charge - one-half hour)
3. Additional plan review required by changes, additions or revisions to plans $45.00 per hour (minimum charge - one-half hour)
4. For use of outside consultants for plan checking and inspections, or both Actual costs1

¹ Actual costs include administrative and overhead costs.

Mont. Admin. r. 24.301.138

NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07; AMD, 2010 MAR p. 1733, Eff. 7/30/10; AMD, 2014 MAR p. 2776, Eff. 11/7/14; AMD, 2019 MAR p. 2242, Eff. 12/7/2019; AMD, 2022 MAR p. 911, Eff. 6/11/2022; AMD, 2024 MAR p. 2223, Eff. 9/21/2024

AUTH: 50-60-104, 50-60-203, MCA; IMP: 50-60-103, 50-60-104, 50-60-203, MCA