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2012 -- S 2289 | |
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LC01022 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE | |
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Introduced By: Senators Lynch, DiPalma, Walaska, Miller, and Perry | |
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Date Introduced: February 01, 2012 | |
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Referred To: Senate Housing & Municipal Government | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 23-27.3-114.1 of the General Laws in Chapter 23-27.3 entitled |
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"State Building Code" is hereby amended to read as follows: |
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23-27.3-114.1. Action on application. -- (a) The building official shall examine or cause |
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to be examined all applications for permits and amendments thereto within fifteen (15) days after |
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filing. Before a permit is granted for the excavation or for the erection of any building or |
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structure, a written statement shall be furnished by the owner from a town or city engineer as to |
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the established grades. If the application or plans do not conform to the requirements of this code |
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or of all applicable laws, the building official shall reject the application citing the specific |
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sections of this code or applicable law upon which the rejection is based. If the building official is |
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satisfied that the proposed work conforms to the requirements of this code and all laws applicable |
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thereto, he or she shall issue a permit. |
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(b) In cases where the permit application is for the construction of a new residential |
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dwelling occupied by one, two (2), and/or three (3) families, the building official shall reject the |
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application or issue the permit within forty-five (45) calendar days after the filing of the |
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application. If after forty-five (45) calendar days the application has not been either rejected or a |
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permit issued, the permit fee shall be reduced by fifty percent (50%). The review period shall |
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begin on the date when the application is filed with the building official and shall include any |
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actions on the application required by subsection (a) herein, subsection 23-28.1-2(b)(2) and 23- |
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28.1-6 and actions by any other departments with authority over the issuance of the permit. |
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(c) In cases where the permit application is for the rehabilitation of an existing |
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residential dwelling occupied by one, two (2), and/or three (3) families and affecting not more |
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than fifty percent (50%) of the square footage of the original dwelling, the building official shall |
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reject the application or issue the permit within fifteen (15) calendar days after the filing of the |
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application. If after fifteen (15) calendar days the application has not been either rejected or a |
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permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this |
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subsection shall apply to actions by other departments with authority over the issuance of the |
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permit except in cases where the permit application requires plan review under sections 23-28.1- |
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2(b)(2) and 23-28.1-6. |
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(d) In cases where the permit application is for the rehabilitation of an existing |
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residential dwelling occupied by one, two (2), and/or three (3) families and affecting more than |
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fifty percent (50%) of the square footage of the original dwelling, the building official shall reject |
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the application or issue the permit within forty-five (45) calendar days after the filing of the |
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application. If, after forty-five (45) calendar days, the application has not been either rejected or a |
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permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this |
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subsection shall apply to actions by other departments with authority over the issuance of the |
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permit except in cases where the permit application requires plan review under sections 23-28.1- |
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2(b)(2) and 23-28.1-6. |
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(e) In cases where the permit application is for the construction of a new or existing light |
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commercial building affecting not more than fifty thousand square feet (50,000 sq ft), the |
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building official shall reject the application or issue the permit within forty-five (45) calendar |
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days after the filing of the application. If, after forty-five (45) calendar days, the application has |
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not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). |
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The provisions of this subsection shall apply to actions by other departments with authority over |
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the issuance of the permit except in cases where the permit application requires plan review under |
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sections 23-28.1-2(b)(2) and 23-28.1-6. |
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(f) If an application requires access by driveway to a state highway or state highway |
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right of way, or the placement or alteration of curbs, or the connecting to, pumping or draining |
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water to, the state highway drainage system, or making any alteration to the state highway |
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system, a physical alteration permit shall first be obtained from the director of the department of |
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transportation pursuant to rules and regulations promulgated under sections 24-8-9, 24-8-33 and |
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24-8-34. |
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building permit; however, the lack of a physical alteration permit shall not be cause for a building |
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official to delay examination of the building permit application. The director of the department of |
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transportation shall respond within thirty (30) business days; provided, however, the director of |
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the department of transportation may extend the timeline for unusual circumstances or for |
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complex projects. |
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SECTION 2. This act shall take effect upon passage. |
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LC01022 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE | |
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This act would require a physical alteration permit for the issuance of a building permit. |
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However, the lack of a physical alteration permit would not be cause for a building official to |
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delay examination of the building permit application. |
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This act would further provide that the director of the department of transportation would |
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respond to the permit application within thirty (30) business days, and the deadline would be |
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extended due to unusual circumstances or complex projects. |
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This act would take effect upon passage. |
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LC01022 | |
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