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Department of Community and Economic Development
Development Services Division
ADMINISTRATIVE POLICY/CODE INTERPRETATION
ADMINISTRATIVE CODE INTERPRETATION #: CI-195 MUNICIPAL CODE SECTIONS: RMC 4-5-060 Section I.9.109.9
REFERENCE: RMC 4-5-060 Section 1.9.109.9, Refunds states that the building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued. The building official may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of application.
SUBJECT: Amending Refund Section of Construction Administrative Code BACKGROUND: RMC 4-5-060, 104 – Organization and Duties, Section 104.1establishes that the building official is authorized and directed to administer, interpret and enforce the provisions of the Construction Administrative Code and all Construction Codes using inspector consultation, except the International Fire Code. After consulting with the inspectors, the building official has the authority to render interpretations of said codes and to adopt policies and procedures in order to clarify the application of their provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of the codes and shall not have the effect of waiving requirements specifically provided for in the codes.
DECISION: Refunds of permit fees for permits issued for an incorrect permit type when no work has been done under a permit shall be not less than one hundred percent (100%) of the permit fee paid.
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JUSTIFICATION: The Building Official has consulted with the inspectors and
under the authority granted, renders this interpretation of
RMC4-5-060 Section I.9.109.9 – Refunds. The refunds section
was not intended to limit the refund of permits that were
mistakenly applied for as an incorrect permit type, to 80% of
the permit fee paid when no work has been done under an
issued permit. Therefore, it is reasonable that the building
official or his/her designee may authorize refunding of up to
one hundred percent (100%) of the permit fee paid when it is
demonstrated that the applicant mistakenly applied for an
incorrect permit type when no work has been done under a
permit issued in accordance with this section.
ADMINISTRATOR APPROVAL: _______________________________________ Gina Estep
EFFECTIVE DATE: _______________________________________
BINDING Under principles of judicial finality, administrative code
interpretations that are not timely appealed are binding.
APPEAL
PROCESS: To appeal this determination, a written appeal accompanied by the required filing fee must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date of this decision. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the Administrator shall determine the effective code. SPECIFIED CODE SECTION SHALL BE READ AS FOLLOWS: The building official or his/her designee may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this section. The building official may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. However, the building official may authorize refunding of not less than 100
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percent (100%) of the permit fee paid when it is demonstrated that the applicant mistakenly applied for an incorrect permit type when no work has been done under a permit issued in accordance with this section. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of application. Staff Contact: Robert Shuey, Building Official & Development Services Director. 206-550-8523