Ordinance No. 2022-05 Relating to How the City Updates Certain Building Code Fees (Adopted 032222)1
ORDINANCE NO. 2022-05
AN ORDINANCE of the City of Bainbridge Island, Washington,
(“City”) relating to the process of updating certain fees and charges;
amending and retitling Section 15.04. 050 of the Bainbridge Island
Municipal Code (“BIMC”); expressly authorizing the City Council
to update fees and charges by resolution; providing for an annual
adjustment of all City fees based on the US Consumer Price Index,
and relocating a fee contemplated in Section 15.04.100.
WHEREAS, RCW 82.02.020 authorizes the collection of reasonable fees to cover the
costs to the City for certain activities; and
WHEREAS, Chapter 15.04 of the Bainbridge Island Municipal Code relates to the
Building Code; and
WHEREAS, BIMC 15.04.050 provides for fees and charges for permits, plan review,
investigation, planning review, building permits, and related services; and
WHEREAS, on December 13, 2006, the City Council enacted Ordinance No. 2006-25
relating to the City’s fees and charges for building permits and plan reviews, amending BIMC
15.04.050 to adopt the International Code Council’s 1997 Uniform Administrative Code’s
building valuation data to calculate building permit and plan review fees and related charges; and
WHEREAS, Ordinance No. 2006-25 relied on an assessment of true costs to perform
related services done by Financial Consulting Solutions Group (“FCS Group”); and
WHEREAS, on February 28, 2007, the Council enacted Ordinance No. 2007-08, relating
to the City’s fees and charges for building permits and plan reviews, which corrected minor
reference errors contained in Ordinance No. 2006-25; and
WHEREAS, in 2020, the City again engaged the services of the FCS Group to assess the
true costs of providing such services and to recommend fees and charges that would recover
100% of such costs; and
WHEREAS, the past practice of amending such fees and charges was by resolution; and
WHEREAS, the City desires to expressly authorize the same practice for adopting or
amending any fee or charge authorized through state law, including RCW 82.02.020, except as
otherwise required by law; and
WHEREAS, fees and charges levied by the City have been adjusted regularly using
different adjustment practices based on prior resolutions or ordinances; and
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WHEREAS, the City desires to uniformly, annually, adjust all fees and charges
authorized through state law, including RCW 82.02.020, based on the United States Consumer
Price Index; and
WHEREAS, the City desires to retitle BIMC 15.04.050 and to relocate a fee discussed in
BIMC 15.04.100 into BIMC 15.04.050 for the purpose of administrative convenience.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 15.04 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.04.050 International Building Code, Section 108.2 and International Residential Code,
Section R108.2 amended – Fees.
A. Permit Fees. The fee or charge for each permit in this section shall be established by the city
by resolution except as otherwise required by law. calculated from the 1997 Uniform
Administrative Code, which is adopted by reference, and using the most current building
valuation data supplied by the International Code Council times a factor of 1.41. When building
valuation data is updated by the International Code Council, the city’s fees shall be adjusted as
of the first of the month at least 30 days after release of the updated figures from the
International Code Council. The calculated fees may be reduced by a percentage discount as
determined by resolution of the city council. In no case shall the fees charged for building
permits exceed the cost to the city of the building permit regulatory function.
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F. Planning and Engineering Review of Building Permits. When a plan or other data is required
to be reviewed for conformity with the environmental or zoning chapters of the Bainbridge
Island Municipal Code, a review fee shall be charged in the amount established by the city by
resolution. Where plans are incomplete or changed so as to require additional environmental or
zoning review, an additional review fee shall be charged.
G. Installation of solid fuel burning appliances. The city shall charge an appropriate fee for
processing and issuing a permit for, or for inspecting, a wood stove or other solid fuel burning
appliance in the amount established by the city by resolution.
Section 2. BIMC 15.04.100 is hereby amended as follows:
15.04.100 Fee schedule – Installation of solid fuel burning appliances.
The city shall charge an appropriate fee for processing and issuing a permit for, or for
inspecting, a wood stove or other solid fuel burning appliance in the amount established by the
city by resolution.(Reserved).
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Section 3. Any fee or charge levied by the City pursuant to the authority vested in state
law, including RCW 82.02.020, may be adopted, or amended by resolution of the City Council,
except as otherwise required by law.
Section 4. All fees or charges levied by the City pursuant to the authority vested in state
law, including RCW 82.02.020, shall be subject to an adjustment beginning with the first full
billing period of 2023 and each year thereafter equal to the annual percentage increase in the
United States Consumer Price Index, Seattle area (“CPI-U”) for June of the preceding year as
shown in the release from the Bureau of Labor Statistics, unless the City Council determines by
December 31st of any year that the adjustment shall be another amount or shall not occur for the
next year. The City’s Finance Director is responsible for the adjustment process.
Section 5. Should any section, paragraph, sentence, clause, or phrase of this ordinance
conflict with the terms of any prior ordinance or resolution, including terms related to fee or
charge adjustments, the terms of this ordinance shall control.
Section 6. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 7. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 22nd day of March, 2022.
APPROVED by the Mayor this 22nd day of March, 2022.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
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FILED WITH THE CITY CLERK: March 18, 2022
PASSED BY THE CITY COUNCIL: March 22, 2022
PUBLISHED: April 1, 2022
EFFECTIVE DATE: April 6, 2022
ORDINANCE NUMBER: 2022-05