Monroe County revises building ordinances to match new state rules, flags staffing and fee impacts

Dave Schilling of the county legal department presented three proposed ordinances at the Monroe County Board of Commissioners work session on May 21 that would amend the county building code, clarify contractor licensing language and change the way building permit fees are set and used.

The first ordinance would amend chapter 4-30 to incorporate recent state statutory changes affecting Class 2 (residential) permits, Schilling said. "If the private provider provides a certificate and an affidavit to the building department, the building department has to issue the permit," Schilling explained, describing a provision that allows applicants to use private inspectors and plan reviewers and limits county liability when a certified private provider is used.

Commissioners and building staff focused extensive discussion on practical impacts of new short monitoring windows and notification requirements in state law. Bobby LaRue of the building department said the county has historically issued multiple permits simultaneously and routed paperwork internally, but the state changes require each step to be completed by separate departments and a visible notification flow. LaRue said he supports using private plan-review as a "relief valve," but warned against overreliance on unknown contractors: "Not willing to let an unknown face damage what we have worked for decades to build and maintain."

The second ordinance would amend chapter 4-33 to align licensing and registration language for electrical and plumbing contractors and to clarify that homeowner-performed work is intended for a primary residence rather than short-term or speculative ownership.

The third ordinance changes permit-fee rules. Schilling said the draft requires fees be reasonably related to service costs, ties future fee changes after Jan. 1, 2027, to a five-year interval with CPI-like limits unless a public hearing shows need, and requires building fees to be deposited into a nonreverting fund dedicated to reimbursing department costs. "These fees were last changed in 2012," Schilling said; staff have recalculated per-permit time and the recommended fees.

Commissioners pressed staff on operational details and short-term implementation. The board discussed several options for covering private-review costs if staffing gaps force outside reviews: add the private-review fee to the applicant's charge, keep an on-call reviewer contract, or have the county absorb differences. Chair (S1) cautioned that if the county absorbs outsized private-review costs, "the taxpayers are paying for it. It's corporate welfare," urging council notification during the budgeting process. Building staff said part of the problem is an anticipated vacancy for a commercial inspector and that the county may need to change job descriptions and pay classification to attract qualified candidates.

Schilling said the ordinances will be advertised and taken up at the next regular meeting; staff suggested making changes effective Jan. 1 to simplify administration. No final votes on the ordinances were taken at the work session.

The board is scheduled to consider the ordinances at its June meeting; staff said the county must adopt local code changes to remain compliant with the state and to implement the fee and fund changes.