2022 -- H 7833

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LC004835

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

     Introduced By: Representative Raymond A. Hull

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     (Dept. of Business Regulation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-27.3-107.1.1, 23-27.3-107.3, 23-27.3-107.5, 23-27.3-107.7 and

23-27.3-109.1.3.2 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are

hereby amended to read as follows:

     23-27.3-107.1.1. Local inspector State and local inspector -- Qualifications -- Powers

and duties.

     (a) The appropriate state or local authority may appoint one or more local full-time or part-

time inspectors to assist the building official in the performance of his or her duties and in the

enforcement of this code.

     (b)(1) Building Inspectors-1 shall have a minimum of three (3) years' experience in general

building residential construction and except for the length of experience required shall possess

similar qualifications of a local building official as required by § 23-27.3-107.5, and shall possess

an International Code Council (ICC) certification as a Residential Building Inspector. However,

ICC certification as a Residential Building Inspector shall not be required in the case of a building

inspector holding a current state certification prior to July 1, 2010. or any combination of education

and experience that the building code standards committee deems to be substantially equivalent.

The Building Inspector-1 shall complete the state certification program within one year of

employment and shall. A Building Inspector-1 is responsible to enforce the provisions of the state

residential code SBC-2.

     Building Inspectors-2 shall have a minimum of three (3) years' experience in general

building both residential and commercial construction; shall possess ICC certifications as a

Residential Building Inspector and Commercial Building Inspector; and shall possess similar

qualifications of a local building official, as required by § 23-27.3-107.5. However, ICC

certification as a Residential Building Inspector and a Commercial Building Inspector shall not be

required in the case of a building inspector holding a current state certification prior to July 1, 2010.

A Building Inspector-2 is authorized to or any combination of education and experience that the

building code standards committee deems to be substantially equivalent. The Building Inspector-2

shall complete the state certification program within one year of employment and shall enforce the

provisions of both the state building code SBC-1 and the state residential code SBC-2.

     (2) Electrical inspectors shall have a minimum of five (5) years' experience and a Rhode

Island Class A or Class B electrician's license.

     (3) Mechanical inspectors shall have a minimum of five (5) years' experience and a valid

Rhode Island master pipe fitters I or journeyperson contractor's license.

     (4) Plumbing inspectors shall have a minimum of five (5) years' experience and a Rhode

Island master or journeyperson plumber's license.

     (5) Mechanical and plumbing inspectors who have been enforcing either code prior to

January 1, 1986, may continue to do so.

     (c) Inspectors listed in this section shall have the authority to affix their signature to permits

that pertain to the work they inspect.

     23-27.3-107.3. Appointment of personnel by state building commissioner.

     (a) The state building commissioner may appoint such other personnel as shall be necessary

for the administration of the code. In the absence of a local building official or an alternate, as

detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the local building

official and inspectors as required by § 23-27.3-107.4 and shall designate one of the following

agents to enforce the code:

     (1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-107.5

and is certified in accordance with § 23-27.3-107.6.

     (2) An architect or engineer contracted by the commissioner through the department of

business regulation.

     (3) A building official who is selected from a list of previously certified officials or

inspectors.

     (b) The salary and operating expenses for services provided in accordance with subsection

(a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services and shall

be deposited as general revenues. The attorney general shall be informed of any failure of the

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appropriate local authority to appoint a local building official to enforce the code in accordance

with §§ 23-27.3-107.1 or 23-27.3-107.2.

     23-27.3-107.5. Local building official -- Qualifications -- Powers and duties.

     The building official, to be eligible for appointment, shall have had at least five (5) years

experience in construction, design, or supervision both residential and commercial construction,

shall have been employed as a Building Inspector-2 for a minimum of one year, and shall possess

an international code council (ICC) certification as a certified building official (CBO) or any

combination of education and experience that the building code standards committee deems to be

substantially equivalent. The building official shall be generally informed on the quality and

strength of building materials, on the accepted requirements of building construction, on good

practice in fire prevention, on the accepted requirements regarding light and ventilation, on the

accepted requirements for safe exit facilities, and on other items of equipment essential for the

safety, comfort, and convenience of occupants, and shall be certified under the provisions of § 23-

27.3-107.6, and shall possess an international code council (ICC) certification as a certified

building official (CBO), except that possess a thorough knowledge of the principles and practices

of residential and commercial building construction and the ability to review plans and supervise

staff in the enforcement of the state building code. However, the qualifications outlined in this

section shall not be required in the case of a building official holding a current state certification

prior to July 1, 2010. The building official shall pass upon any question relative to the mode, manner

of construction, or materials to be used in the erection or alteration of buildings or structures. The

building official shall require compliance with the provisions of the state building code of all rules

lawfully adopted and promulgated thereunder, and of laws relating to construction, alteration,

repair, removal, demolition, and integral equipment, and location, use, occupancy, and maintenance

of buildings and structures, except as may be otherwise provided for. The building official or his

or her assistant shall have the right of entry to buildings or structures, for the proper performance

of his or her duties during normal business hours, except that in the case of an emergency the

building official shall have the right of entry at any time, if the entry is necessary in the interest of

public safety.

     23-27.3-107.7. Recertification and continuing education.

     (a) The committee shall offer a continuing educational program designed to assist all state

and local building officials and inspectors in executing their responsibilities as defined in this

chapter. Regular attendance at these programs shall be required to all building officials and

inspectors, and no building official or inspector who attends a course of instruction shall lose any

rights relative to compensation or vacation time.

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     (b) In order to provide for professional administration of the code and maintain the official's

and inspector's level of competency, the committee shall develop regulations which will require the

officials and inspectors to attend approved continuing education courses to retain their state

certification. The committee shall develop the program within one year of July 3, 1989. The

committee may make use of model code, regional or national education programs as a basis of the

acceptable courses for credit in this program.

     (c) The financing for this continuing education program will be provided through the

registration fee for buildings required by chapter 64 of title 5.

     23-27.3-109.1.3.2. Penalties for violation as to manufactured homes.

     Whoever violates any provision of the federal act, including § 610 (42 U.S.C. § 5409), §§

23-27.3-109.1.3 -- 23-27.3-109.3.4, or any federal or state regulation or final order issued

thereunder shall be liable for a civil penalty not to exceed a thousand dollars ($1,000) in an amount

set forth in the federal act, for each violation. Each violation of a provision of §§ 23-27.3-109.1.3

-- 23-27.3-109.3.4, the federal act or any regulation or order issued thereunder shall constitute a

separate violation with respect to each manufactured home or with respect to each failure or refusal

to allow or perform an act required thereby, except that the maximum civil penalty may not exceed

one million dollars ($1,000,000) for any related series of violations, occurring within one year from

the date of the first violation. Any individual, or a director, officer, or agent of a corporation who

knowingly and willfully violates §§ 23-27.3-109.1.3 -- 23-27.3-109.3.4 or any section of the federal

act in a manner which threatens the health or safety of any purchaser shall be fined not more than

one thousand dollars ($1,000) or imprisoned not more than one year, or both.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

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     This act would amend and update the qualifications for state and local building inspectors

and officials aligning state law with federal law and would also make several technical corrections.

     This act would take effect upon passage.

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