2022 -- S 2856 | |
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LC005314 | |
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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 | |
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Introduced By: Senators Ciccone, F Lombardi, and McCaffrey | |
Date Introduced: April 05, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | 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 |
2 | 23-27.3-109.1.3.2 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are |
3 | hereby amended to read as follows: |
4 | 23-27.3-107.1.1. Local inspector State and local inspector -- Qualifications -- Powers |
5 | and duties. |
6 | (a) The appropriate state or local authority may appoint one or more local full-time or part- |
7 | time inspectors to assist the building official in the performance of his or her duties and in the |
8 | enforcement of this code. |
9 | (b)(1) Building Inspectors-1 shall have a minimum of three (3) years' experience in general |
10 | building residential construction and except for the length of experience required shall possess |
11 | similar qualifications of a local building official as required by § 23-27.3-107.5, and shall possess |
12 | an International Code Council (ICC) certification as a Residential Building Inspector. However, |
13 | ICC certification as a Residential Building Inspector shall not be required in the case of a building |
14 | inspector holding a current state certification prior to July 1, 2010. or any combination of education |
15 | and experience that the building code standards committee deems to be substantially equivalent. |
16 | The Building Inspector-1 shall complete the state certification program within one year of |
17 | employment and shall. A Building Inspector-1 is responsible to enforce the provisions of the state |
18 | residential code SBC-2. |
19 | Building Inspectors-2 shall have a minimum of three (3) years' experience in general |
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1 | building both residential and commercial construction; shall possess ICC certifications as a |
2 | Residential Building Inspector and Commercial Building Inspector; and shall possess similar |
3 | qualifications of a local building official, as required by § 23-27.3-107.5. However, ICC |
4 | certification as a Residential Building Inspector and a Commercial Building Inspector shall not be |
5 | required in the case of a building inspector holding a current state certification prior to July 1, 2010. |
6 | A Building Inspector-2 is authorized to or any combination of education and experience that the |
7 | building code standards committee deems to be substantially equivalent. The Building Inspector-2 |
8 | shall complete the state certification program within one year of employment and shall enforce the |
9 | provisions of both the state building code SBC-1 and the state residential code SBC-2. |
10 | (2) Electrical inspectors shall have a minimum of five (5) years' experience and a Rhode |
11 | Island Class A or Class B electrician's license. |
12 | (3) Mechanical inspectors shall have a minimum of five (5) years' experience and a valid |
13 | Rhode Island master pipe fitters I or journeyperson contractor's license. |
14 | (4) Plumbing inspectors shall have a minimum of five (5) years' experience and a Rhode |
15 | Island master or journeyperson plumber's license. |
16 | (5) Mechanical and plumbing inspectors who have been enforcing either code prior to |
17 | January 1, 1986, may continue to do so. |
18 | (c) Inspectors listed in this section shall have the authority to affix their signature to permits |
19 | that pertain to the work they inspect. |
20 | 23-27.3-107.3. Appointment of personnel by state building commissioner. |
21 | (a) The state building commissioner may appoint such other personnel as shall be necessary |
22 | for the administration of the code. In the absence of a local building official or an alternate, as |
23 | detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the local building |
24 | official and inspectors as required by § 23-27.3-107.4 and shall designate one of the following |
25 | agents to enforce the code: |
26 | (1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-107.5 |
27 | and is certified in accordance with § 23-27.3-107.6. |
28 | (2) An architect or engineer contracted by the commissioner through the department of |
29 | business regulation. |
30 | (3) A building official who is selected from a list of previously certified officials or |
31 | inspectors. |
32 | (b) The salary and operating expenses for services provided in accordance with subsection |
33 | (a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services and shall |
34 | be deposited as general revenues. The attorney general shall be informed of any failure of the |
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1 | appropriate local authority to appoint a local building official to enforce the code in accordance |
2 | with §§ 23-27.3-107.1 or 23-27.3-107.2. |
3 | 23-27.3-107.5. Local building official -- Qualifications -- Powers and duties. |
4 | The building official, to be eligible for appointment, shall have had at least five (5) years |
5 | experience in construction, design, or supervision both residential and commercial construction, |
6 | shall have been employed as a Building Inspector-2 for a minimum of one year, and shall possess |
7 | an international code council (ICC) certification as a certified building official (CBO) or any |
8 | combination of education and experience that the building code standards committee deems to be |
9 | substantially equivalent. The building official shall be generally informed on the quality and |
10 | strength of building materials, on the accepted requirements of building construction, on good |
11 | practice in fire prevention, on the accepted requirements regarding light and ventilation, on the |
12 | accepted requirements for safe exit facilities, and on other items of equipment essential for the |
13 | safety, comfort, and convenience of occupants, and shall be certified under the provisions of § 23- |
14 | 27.3-107.6, and shall possess an international code council (ICC) certification as a certified |
15 | building official (CBO), except that possess a thorough knowledge of the principles and practices |
16 | of residential and commercial building construction and the ability to review plans and supervise |
17 | staff in the enforcement of the state building code. However, the qualifications outlined in this |
18 | section shall not be required in the case of a building official holding a current state certification |
19 | prior to July 1, 2010. The building official shall pass upon any question relative to the mode, manner |
20 | of construction, or materials to be used in the erection or alteration of buildings or structures. The |
21 | building official shall require compliance with the provisions of the state building code of all rules |
22 | lawfully adopted and promulgated thereunder, and of laws relating to construction, alteration, |
23 | repair, removal, demolition, and integral equipment, and location, use, occupancy, and maintenance |
24 | of buildings and structures, except as may be otherwise provided for. The building official or his |
25 | or her assistant shall have the right of entry to buildings or structures, for the proper performance |
26 | of his or her duties during normal business hours, except that in the case of an emergency the |
27 | building official shall have the right of entry at any time, if the entry is necessary in the interest of |
28 | public safety. |
29 | 23-27.3-107.7. Recertification and continuing education. |
30 | (a) The committee shall offer a continuing educational program designed to assist all state |
31 | and local building officials and inspectors in executing their responsibilities as defined in this |
32 | chapter. Regular attendance at these programs shall be required to all building officials and |
33 | inspectors, and no building official or inspector who attends a course of instruction shall lose any |
34 | rights relative to compensation or vacation time. |
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1 | (b) In order to provide for professional administration of the code and maintain the official's |
2 | and inspector's level of competency, the committee shall develop regulations which will require the |
3 | officials and inspectors to attend approved continuing education courses to retain their state |
4 | certification. The committee shall develop the program within one year of July 3, 1989. The |
5 | committee may make use of model code, regional or national education programs as a basis of the |
6 | acceptable courses for credit in this program. |
7 | (c) The financing for this continuing education program will be provided through the |
8 | registration fee for buildings required by chapter 64 of title 5. |
9 | 23-27.3-109.1.3.2. Penalties for violation as to manufactured homes. |
10 | Whoever violates any provision of the federal act, including § 610 (42 U.S.C. § 5409), §§ |
11 | 23-27.3-109.1.3 -- 23-27.3-109.3.4, or any federal or state regulation or final order issued |
12 | thereunder shall be liable for a civil penalty not to exceed a thousand dollars ($1,000) in an amount |
13 | set forth in the federal act, for each violation. Each violation of a provision of §§ 23-27.3-109.1.3 |
14 | -- 23-27.3-109.3.4, the federal act or any regulation or order issued thereunder shall constitute a |
15 | separate violation with respect to each manufactured home or with respect to each failure or refusal |
16 | to allow or perform an act required thereby, except that the maximum civil penalty may not exceed |
17 | one million dollars ($1,000,000) for any related series of violations, occurring within one year from |
18 | the date of the first violation. Any individual, or a director, officer, or agent of a corporation who |
19 | knowingly and willfully violates §§ 23-27.3-109.1.3 -- 23-27.3-109.3.4 or any section of the federal |
20 | act in a manner which threatens the health or safety of any purchaser shall be fined not more than |
21 | one thousand dollars ($1,000) or imprisoned not more than one year, or both. |
22 | 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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1 | This act would amend and update the qualifications for state and local building inspectors |
2 | and officials aligning state law with federal law and would also make several technical corrections. |
3 | This act would take effect upon passage. |
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LC005314 | |
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