First Substitute S.B. 110

Senator Michael G. Waddoups proposes to substitute the following bill:

1 LIMIT ON PLAN CHECK FEE
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; AND LIMITING THE
6 AMOUNT CITIES, TOWNS, AND COUNTIES MAY CHARGE AS A PLAN CHECK FEE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 10-9-107, Utah Code Annotated 1953
10 17-27-106, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 10-9-107 is enacted to read:
13 10-9-107. Limit on plan check fees.
14 (1) A municipality may not impose or collect a fee for reviewing or approving the plans
15 for a commercial or residential building that exceeds S [ 10% ] THE LESSER OF:
15a (a) THE ACTUAL COST OF PERFORMING THE PLAN REVIEW; AND
15b (b) [ 60% ] 65% s of the amount the municipality charges
16 for a building permit fee for that building.
17 (2) (a) For purposes of this Subsection (2):
18 (i) "Identical plans" means building plans submitted to a municipality that S : (A) s are substantially
19 identical to building plans that were previously submitted to and reviewed and approved by the
20 municipality S ; AND
20a (B) DESCRIBE A BUILDING THAT IS:
20b (I) LOCATED ON LAND ZONED THE SAME AS THE LAND ON WHICH THE BUILDING
20c DESCRIBED IN THE PREVIOUSLY APPROVED PLANS IS LOCATED; AND
20d (II) SUBJECT TO THE SAME GEOLOGICAL AND METEOROLOGICAL CONDITIONS AND THE
20e SAME LAW AS THE BUILDING DESCRIBED IN THE PREVIOUSLY APPROVED PLANS s .

21 (ii) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
22 spent and expenses incurred in:
23 (A) verifying that building plans are identical plans; and
24 (B) reviewing and approving those minor aspects of identical plans that differ from the
25 previously reviewed and approved building plans referred to in Subsection (2)(a)(i).

26 (b) Subject to Subsection (1), a municipality may impose and collect only a nominal fee
27 for reviewing and approving identical plans.
28 Section 2. Section 17-27-106 is enacted to read:
29 17-27-106. Limit on plan check fees.
30 (1) A county may not impose or collect a fee for reviewing or approving the plans for a
31 commercial or residential building that exceeds S [ 10% ] THE LESSER OF:
31a (a) THE ACTUAL COST OF PERFORMING THE PLAN REVIEW; AND
31b (b) [ 60% ] 65% s of the amount the county charges for a
32 building permit fee for that building.
33 (2) (a) For purposes of this Subsection (2):
34 (i) "Identical plans" means building plans submitted to a county S [ that ] : (A) s are substantially
35 identical to building plans that were previously submitted to and reviewed and approved by the
36 county S ; AND
36a (B) DESCRIBE A BUILDING THAT IS:
36b (I) LOCATED ON LAND ZONED THE SAME AS THE LAND ON WHICH THE BUILDING
36c DESCRIBED IN THE PREVIOUSLY APPROVED PLANS IS LOCATED; AND
36d (II) SUBJECT TO THE SAME GEOLOGICAL AND METEOROLOGICAL CONDITIONS AND THE
36e SAME LAW AS THE BUILDING DESCRIBED IN THE PREVIOUSLY APPROVED PLANS s .
37 (ii) "Nominal fee" means a fee that reasonably reimburses a county only for time spent and
38 expenses incurred in:
39 (A) verifying that building plans are identical plans; and
40 (B) reviewing and approving those minor aspects of identical plans that differ from the
41 previously reviewed and approved building plans referred to in Subsection (2)(a)(i).
42 (b) Subject to Subsection (1), a county may impose and collect only a nominal fee for
43 reviewing and approving identical plans.