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Committee approves four new plan-review positions and fee increase to expand State Fire Marshal capacity
Summary
The Criminal Justice and Public Safety Committee voted to add four plan-review positions in the State Fire Marshal's office and adopt a modest increase in construction plan-review fees to support them, after debate over using a special-revenue cash reserve versus long-term fee changes.
The Joint Standing Committee on Criminal Justice and Public Safety voted to "ought to pass as amended" on LD 2223, adding four plan-review positions to the Office of the State Fire Marshal and adopting a proposed increase in construction plan-review fees to help fund ongoing costs.
State Fire Marshal Sean Esler told the committee the office currently holds about $8.9 million in a nonlapsing special-revenue account and could fund two positions from existing reserves immediately. "We have the money to carry us quite a long ways even with the increases in ... contracts," Esler said, adding the office would seek a headcount increase rather than a general-fund appropriation.
Committee members debated short-term and long-term funding choices, weighing the risks of drawing on reserves against the political and economic concerns of raising fees. "I don't like increasing fees just because we haven't increased them," Representative Bernice Nutting said, noting concerns about regulatory cost burdens on housing construction. Representative Chad Perkins said a small fee increase could make the permitting process faster and ultimately lower overall development costs.
Analysts and the bill sponsor presented revenue estimates to frame the choice. Based on a six-year average, the fee change proposed in the bill (raising the plan-exam charge from roughly 0.15% to 0.2% of covered construction costs) would yield about $336,000 a year; 2025 alone would have produced about $472,000. Committee staff noted four reviewers would carry an ongoing cost of roughly $500,000 annually, with upfront costs (vehicles, equipment) near $700,000.
Esler said the office would perform a comprehensive review of all its fees over the summer and report back to the committee. "The plan-review fees have not been adjusted in many years," he said, and recommended treating the bill as a vehicle to set a sustainable path for staffing and review capacity.
Representative Hosenfuss moved to amend the committee bill to increase the headcount to four and adopt the proposed fee change; the motion passed by roll call, 11 in favor, 2 absent.
The committee also asked the fire marshal's office to return with a detailed fee analysis and to coordinate with other committees tracking housing and permitting bills. The measure now advances with the amendment to increase staffing and fee language intact.
Votes at a glance: LD 2223 (as amended) — Motion: Ought to pass as amended (add four plan-review positions; adopt proposed fee increase). Outcome: Approved by roll call (11 yes, 2 absent).
