<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Regulation .05 Criteria for Reduction of Surcharge.">
  <section prefix="Regulation" num=".05" heading="Criteria for Reduction of Surcharge.">
    <text>A penalty surcharge may be reduced up to 100% if:</text>
    <para num="(1)">the surcharge was issued in error because:<para num="(a)">a permit was not necessary for the work performed;</para>
      <para num="(b)">a permit was issued for the work performed;</para>
      <para num="(c)">the work was completed by the prior owner; or</para>
      <para num="(d)">the assessment of a surcharge is inconsistent with these rules and regulations;</para>
    </para>
    <para num="(2)">the applicant can establish to the Building Official’s satisfaction that the applicant reasonably believed a permit was not required;</para>
    <para num="(3)">the owner hired a licensed professional to perform the work and the written contract with that professional required that the professional obtain all necessary permits and the owner can establish to the Building Official’s satisfaction that the applicant reasonably believed the permits were obtained;</para>
    <para num="(4)">the Building Official originally considered the work major work, but the applicant can establish to the satisfaction of the Building Official that the work should be reasonably considered minor work under the circumstances;</para>
    <para num="(5)">the work was performed due to an emergency and permits were applied for within one business day of the start of the work; or</para>
    <para num="(6)">the work was initially performed under a permit that expired and the Department issued an extension of that permit.</para>
  </section>
</baltimore-city-law>
