# COMCOR — Chapter 8. Buildings - Regulations

## Sec. 8-24B Permits for Property Within Homeowners’ Associations, Municipal Corporations, or Special Taxing Districts - Regulations

### COMCOR 08.24B.01 Overtime Offset Fees

#### 08.24B.01.01 Authorization

    This regulation is adopted pursuant to the authority set forth in Sections 8-13, 8-24B, 8-28, 17-2, 17-10, 17-20, 19-6, 19-45, 19-67, 22-13, 27A-5(e), and 49-7 of the Montgomery County Code, 1994, as amended, in order to establish an overtime offset fee for those plans review and inspection activities within the development process for which the department is responsible. The department has in the past included in its fee schedule the cost it incurs for overtime work performed through its schedule of fees for services rendered to its customers in an amount which covers the administration and enforcement costs. It is appropriate to set an overtime offset fee schedule at the same rate as the department pays its employees which is the overtime rate of time and one-half plus overhead costs.

#### 08.24B.01.02 Scope

    The department may charge an overtime offset fee for work performed during non-business hours, when the applicant requests the use of overtime for the expeditious plan review, inspection, or processing of the applicant's permit or license. The department may require payment of the fee in advance or accept a previously approved billing arrangement. By establishing an overtime offset fee the department does not agree to provide overtime services requested by an applicant, nor are they bound to provide such services. The provision of all overtime services are entirely at the discretion of the department.

#### 08.24B.01.03 Effect

    The department will only charge an overtime offset fee if additional overtime services have been requested by a customer, the department has determined, in its discretion, that such overtime services are available, and the department has provided the services. The department will establish a departmental procedure for handling all requests by customers for non-business hour services.

#### 08.24B.01.04 Fee Rates

    The department may charge an overtime offset fee for expedited permit processing, plan review and inspection as follows:

    1.      Overtime plan review rate is 125% of the regular fee.

    2.      Overtime inspection service shall be charged at a rate of $90.00 per hour.

    3.      Overtime inspection service on holidays shall be charged at a rate of $124.00 per hour.

    4.      When an employee is required to return to work to conduct an inspection a minimum of three hours will be charged.

#### 08.24B.01.05Indexing of Fees to Labor Cost Increases

  The Director of Permitting Services must adjust each fee set in or under this regulation on July 1 of each year by a percentage that does not exceed the rate of the increase (if any) in the department’s approved personnel costs for the then-current fiscal year compared to the approved personnel costs for the preceding fiscal year.  For fees of $100 or more, the Director must calculate the revised fee to the nearest five dollars. For fees under $100, the Director must calculate the revised fee to the nearest dollar.  The Director must publish the amount of this adjustment not later than July 1 of each year.

### COMCOR 08.24B.02 Adoption of an Automation Enhancement Fee

#### 08.24B.02.01 Authorization

  This regulation is adopted pursuant to the authority set forth in Sections 8-13, 8-24, 8- 24C, 8-24D, 8-25, 8-26, 8-28, 17-2, 17-10, 17-20, 17-25, 17-27, 19-6, 19-17, 19-30, 19- 38, 19-45, 19-67, 22-13, 27A-5(e), 30-2, 30-6, 30-11, 49-7, and 49-35 of the Montgomery County Code, as amended, in order to modify the automation enhancement fee for those administrative and enforcement activities within the development process for which the department is responsible. It is appropriate to set an automation enhancement fee schedule at a rate which will ensure the department will be able to pay for the automation and computer systems and services.

#### 08.24B.02.02 Fee Rates

  The automation enhancement fee is 0% of the regular fee, which has already been set by Council Resolution or Executive Regulation previously approved, for any permit, license, or activity for which the department is responsible. The automation enhancement fee is in addition to the regular fee and must be paid at the same time that the regular fee is due to the department.

#### 08.24B.02.03 Effective Date

  This regulation is effective on July 1, 2016.