It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-27.3-100.1, 23-27.3-100.1.3, 23-27.3-100.1.5, 23-27.3-104.0, 23-27.3-105.2, 23-27.3-105.3, 23-27.3-106.0, 23-27.3-106.1, 23-27.3-106.2, 23-27.3-106.3, 23-27.3-106.4, 23-27.3-120.2, 23-27.3-120.4, 23-27.3-124.4 and 23-27.3-127.1 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-100.1. Short title - Applicability. -- This act shall be known as the "Rhode Island State Building Code" hereinafter referred to as "this code"., which code shall include a rehabilitation building and fire code for existing buildings and structures. In accordance with this chapter, this act controls:

(1) The construction, reconstruction, alteration, repair, demolition, removal, inspection, issuance, and revocation of permits or licenses, installation of equipment, classification and definition of any building or structure, and use or occupancy of all buildings and structure and parts thereof;

(2) The rehabilitation and maintenance of existing buildings;

(3) The standards or requirements for materials to be used in connection therewith, including but not limited for safety, ingress and egress, energy conservation, and sanitary conditions;

(4) The establishment of reasonable fees for the issuance of licenses and permits in connection therewith;

except as such matters are otherwise provided for in the general laws or in the rules and regulations authorized for promulgation under the provisions of this code.

23-27.3-100.1.3. Creation of the state building code standards committee. -- (a) There shall be created as an agency of state government a state building code standards committee who shall adopt, promulgate, and administer a state building code for the purpose of regulating the design, construction, and use of buildings or structures previously erected, in accordance with a rehabilitation building and fire code for existing buildings and structures developed pursuant to chapter 23-29.1, and to make such amendments thereto as they, from time to time, deem necessary or desirable, the building code to include any code, rule, or regulation incorporated therein by reference.

(b) A standing subcommittee shall be made part of the state building code standards committee to promulgate and administer a state housing and property maintenance code for the purpose of establishing minimum requirements and standards and to regulate the occupancy and use of existing premises, structures, buildings, equipment, and facilities, and to make amendments thereto as deemed necessary.

23-27.3-100.1.5. Building code -- Adoption and promulgation by committee. -- The state building standards committee shall have the authority to adopt, promulgate, and administer a state building code., which shall include a rehabilitation building and fire code for existing buildings and structures. The building code may be promulgated in several sections, with a section applicable to one and two (2) family dwellings, to multiple dwellings and hotels and motels, to general building construction, to plumbing, and to electrical. The building code and the sections thereof shall be reasonably consistent with recognized and accepted standards adopted by national model code organizations and recognized authorities. To the extent that any state or local building codes, statutes, or ordinances are inconsistent with the Americans with Disabilities Act, Title III, Public Accommodations and Services Operated by Private Entities, 42 U.S.C. section 12181 et seq., and its regulations and standards, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with the Americans with Disabilities Act, Title III, as soon as possible, but no later than January 26, 1992.

23-27.3-104.0. Maintenance. -- All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices, and safeguards which are required by this code, or by the rehabilitation building and fire code for existing buildings and structures, in a building or structure shall be maintained in good working order. Any requirement necessary for the safety of the occupants thereof, not specifically covered by this code, shall be determined by the building official.

23-27.3-105.2. Change in use and occupancy. -- It shall be unlawful to make any change in the use or occupancy of any structure or part thereof which would subject it to any provision of this code, including the rehabilitation building and fire code for existing buildings and structures, without the approval of the building official and without the issuance of a certificate of occupancy indicating that the structure complies with the provisions of this code, or the rehabilitation building and fire code for existing buildings and structures as appropriate, for proposed new use or occupancy and that the change does not result in any greater hazard to public health, safety, and welfare.

23-27.3-105.3. Part change in use. -- If a portion of a building is changed in occupancy or to a new use group, and that portion is separated from the remainder of the building with the required vertical and horizontal fire division complying with the fire grading as provided by this code, then the construction involved in the change shall be made to conform to the requirements of this code, or the requirements of the rehabilitation building and fire code for existing buildings and structures as applicable for the new use and occupancy, and the existing portion shall be made to comply with the exitway requirements of this code.

23-27.3-106.0. Existing structures. -- (a) (1) Except as provided in this section, existing buildings or structures when altered or repaired as specified in this section shall be made to conform to the full requirements of this code. or the requirements of the rehabilitation building and fire code for existing buildings and structures. See chapters 2 through 34 of regulation SBC-1 for new buildings.

(2) The Except as provided for in the rehabilitation building and fire code for existing buildings and structures, the alternative procedures of SBC-1, chapter 34, entitled Repair, Alteration, Addition to, and Change of Use of Existing Buildings, may be used in lieu of the provisions of this section for all existing buildings in which there is work involving repairs, alterations, additions, or changes of use and occupancy.

(b) In order to determine the percentage between the costs for alterations and repairs and the physical value of the building or structure, the building official shall exclude the alteration and repair cost of the following items:

(1) All nonpermit items such as painting, decorating, landscaping, fees, and the like.

(2) All electrical, mechanical, plumbing, and equipment systems.

(c) (1) Renovations or alterations to buildings or structures which utilize electric resistance heating as the replacement energy source of heat or air conditioning shall comply with the energy conservation provisions for new buildings. Provided, however, that individual through-wall-air-conditioning units are not included in this exception.

(2) Alternative energy systems, as allowed in the energy conservation provisions, may utilize electric resistance heating and, through the performance approach, not be required to comply with the new code provisions or energy conservation.

(d) All projects which are subject to the provisions for Construction in Flood Hazard Areas, when calculating a substantial improvement will not utilize the more liberal provisions allowed by subsections (a)(2), (b)(1) and (2). Also the definition of physical value of a building subject to construction in a Flood Hazard area shall be based upon market value of the structure as determined by the qualified appraiser or estimator and not current replacement value as defined in section 23-27.3-106.5.

23-27.3-106.1. Alterations exceeding fifty percent. -- If alterations or repairs are made within any twelve (12) month period, costing in excess of fifty percent (50%) of the physical value of the building, this code's requirements for new structures shall apply. unless the requirements of the rehabilitation building and fire code for existing buildings and structures are applicable.

23-27.3-106.2. Damages exceeding fifty percent. -- If the building is damaged by fire or any other cause to an extent in excess of fifty percent (50%) of the physical value of the building before the damage was incurred, this code's requirements for new structures shall apply. unless the requirements of the rehabilitation building and fire code for existing buildings and structures are applicable.

23-27.3-106.3. Alteration under fifty percent. -- If the cost of alterations or repairs described herein is between twenty-five (25%) and fifty percent (50%) of the physical value of a structure, the building official shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements of this the rehabilitation building and fire code for existing buildings and structures or the code for new structures. as applicable.

23-27.3-106.4. Alteration under twenty-five percent. -- If the cost of alterations or repairs described herein is twenty-five percent (25%) or less of the physical value of the building, the building official shall permit, consistent with the requirements of the rehabilitation building and fire code for existing buildings and structures, the restoration of the building to its condition previous to damage or deterioration with materials of equal quality as those of which the building was originally constructed; provided, however, that the construction does not endanger the general health, safety, and welfare, and complies with the provisions of article 9 in respect to existing roofs.

23-27.3-120.2. Buildings hereafter altered. -- No building or structure hereafter enlarged, extended, or altered to change the use group classification, the fire-grading, the maximum live load capacity, or the occupancy load capacity, in whole or in part, shall be occupied or used until the certificate shall have been issued by the building official, certifying that the work has been completed in accordance with the provisions of this code, the rehabilitation building and fire code for existing buildings and structures, the Fire Safety Code (chapters 28.1 -- 28.39 of this title) and the approved permits, and all of the applicable codes of all for which a permit is required. Any use or occupancy, which was not discontinued during the alterations, shall be discontinued within thirty (30) days after the completion of the alteration unless the required certificate is issued by the building official.

23-27.3-120.4. Changes in use and occupancy. -- After a change of use has been made in a building or structure, the reestablishment of a prior use that would not have been legal in a new building of the same type of construction is prohibited unless the building complies with all applicable provisions of this code or the rehabilitation building and fire code for existing buildings and structures as applicable and the Fire Safety Code (chapters 28.1 -- 28.39 of this title). A change from one prohibited use, for which a permit has been granted, to another prohibited use shall be deemed a violation of this code.

23-27.3-124.4. Restoration of unsafe buildings. -- A building, sign or structure declared unsafe by the building official shall be restored to a safe and usable condition in one of the following manners:

(1) When no change in use or occupancy is contemplated or compelled and the reconstruction or restoration is less than fifty percent (50%) of the physical value of the building, sign, or structure as defined in section 23-27.3-106.5, the building, sign, or structure shall be repaired in accordance with the applicable requirements of the rehabilitation building and fire code for existing buildings and structures, or if the rehabilitation code for existing buildings and structures is not applicable, the applicable requirements of section 23-27.3-106.3 or section 23-27.3-106.4.

(2) When a change in use or occupancy is contemplated or compelled, or reconstruction or restoration is in excess of fifty percent (50%) of the physical value of the building, sign, or structure as defined in section 23-27.3-106.5, exclusive of foundations, the building, sign, or structure shall be made to comply in all respects with the requirements for materials and methods set forth in the rehabilitation building and fire code for existing buildings and structures, or if said code does not apply, the requirements for materials and methods for new buildings, signs, or structures erected under the provisions of this code.

23-27.3-127.1. Committee to serve as a board of standards and appeals. -- (a) The building code standards committee, after the state building code is adopted and promulgated, will serve as a board of standards and appeals. except for appeals concerning the rehabilitation building and fire code, which appeals shall be heard and decided by the joint committee in accordance with the provisions of section 23-29.1-4. For the purpose of securing for the public the benefits of new developments in the building industry and insuring public health, safety, and welfare, the board shall make or cause to be made investigations, or may accept authenticated reports from recognized authoritative sources on new materials or modes of construction intended for use in the construction of buildings or structures, and shall promulgate the regulations setting forth the conditions under which the materials or modes of constructions may be used. The regulations and amendments thereto shall have the same force and effect as the provisions of the code. The committee shall as a body or as a sub-committee thereof, have the power to sit as a state board of appeals, and in the absence of a local board, to hear appeals from the decision of the local building official. The state building commissioner shall serve as the secretary of the board of appeals.

(b) (1) An aggrieved party, as defined in subsections (b)(2)(i) -- (b)(2)(vi) below, may appeal an interpretation, order, requirement, direction, or failure to act by the state building commissioner, charged with the administration or enforcement of this code or any of its rules or regulations, directly to the state building code board of standards and appeals. The appeal shall be filed with the board of appeals within thirty (30) days of the mailing or posting of the interpretation, order, requirement, direction, or failure to act.

(2) An aggrieved party shall be defined as follows:

(i) An owner of the building or structure which is subject to any interpretation, order, direction, or failure to act by a local building official, state building commissioner, or a local board of appeal's decision or failure to act.

(ii) Property owners within two hundred feet (200') of the property lines of a building or structure which is the subject of any appeal.

(iii) The state building commissioner relative to any interpretation, order, requirement, direction, or failure to act by the local building official.

(iv) Any person, corporation, or other legal entity served with a notice of violation by the building official or the state building commissioner.

(v) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination in violation of the accessibility for persons with disabilities provisions of this code, or organization chartered for the purpose of safeguarding rights of persons with disabilities, provided that the state building commissioner has certified that the building plans are in violation of this code, the Americans with Disability Act, 42 U.S.C. section12101 et seq., provisions or the Federal Fair Housing Act, 42 U.S.C. section3601 et seq.

(vi) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination, or organization chartered for the purpose of safeguarding rights of persons with disabilities, as a result of an appeal to the code's provisions relating to persons with disabilities.

SECTION 2. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby amended by adding thereto the following section:

23-27.3-100.1.5.3. State rehabilitation building and fire code for existing buildings and structures. -- The state building code standards committee shall have the authority to adopt, amend, and repeal the building code elements of the rehabilitation building and fire code for existing buildings and structures and to promulgate and administer the building code elements of the rehabilitation building and fire code for existing buildings and structures, which shall supercede for existing buildings and structures other codes and regulations adopted by the building code standards committee, unless the provisions of such other codes and regulations are not inconsistent with the provisions of the rehabilitation building and fire code for existing buildings and structures.

SECTION 3. Sections 23-28.1-6 and 23-28.1-7 of the General Laws in Chapter 23-28.1 entitled "Fire Safety Code-General Provisions" are hereby amended to read as follows:

23-28.1-6. Application to new or existing structures. -- Unless otherwise expressly provided, all regulations contained in this code shall apply to all new structures. Prior to a building permit being issued, all plans for buildings regulated under this code shall be submitted to the authority having jurisdiction. The authority having jurisdiction shall have fifteen (15) days after submission to review and approve or disapprove the plans. When a change of use or type of occupancy is made in an existing building, the building shall conform to the requirements established by the rehabilitation building and fire code for existing buildings and structures, or if the rehabilitation building and fire code for existing buildings or structures is not applicable, to the requirements for new structures as related to the proposed use or type of occupancy.

23-28.1-7. Conformity required. -- (a) No building shall be constructed for, used for, or converted to, any occupancy regulated by the code, and no addition shall be made to a building except in accordance with the applicable provisions of the code. or the rehabilitation building and fire code for existing buildings and structures, as applicable. In case two (2) or more classes of occupancy occur in the same building, the most hazardous occupancy or the class of occupancy calling for the most stringent requirements for life safety under the code shall govern the classification of the entire building, unless suitable separation or other acceptable fire safety provisions are afforded by compliance with other pertinent codes.

(b) Any existing structure that is not in conformity with the provisions of this code shall be governed by the following:

(1) The authority having jurisdiction is authorized to give building owners a reasonable notice of fire safety code violations and establish a timetable for compliance or, in cases of practical difficulty, establish a time by which the owner must petition to the fire safety code board for a variation.

(2) The fire marshal, with the approval of the chairperson of the board of appeal and review, shall have the authority to summarily abate any condition which is in violation of any provision of this code and which presents immediate danger to life.

(3) All existing buildings which are deemed to be in compliance with specific provisions of the code prior to any 1978 amendment shall be exempt from the amendment unless there is a change of occupancy or more than fifty percent (50%) of the total valuation of the building is to be changed within a one year period. or unless the rehabilitation building and fire code for existing buildings and structures is applicable. Those requirements not met prior to 1978 shall be subject to the latest amendment.

SECTION 4. Sections 23-28.3-1, 23-28.3-3 and 23-28.3-5 of the General Laws in Chapter 23-28.3 entitled "Fire Safety Code Board of Appeal and Review" are hereby amended to read as follows:

23-28.3-1. Definitions. -- When used in this chapter:

(1) "Amendment" means such modification or change in the code as shall be formulated, adopted, and issued by the board;

(2) "Board" means the fire safety code board created by this chapter;

(3) "Building" includes new and existing buildings and facilities, except private dwellings occupied by one, two (2), or three (3) families, in the various cities and towns in this state;

(4) "Code" means the minimum standard body of rules for fire safety known as the Fire Safety Code, chapters 28.1 -- 28.39 of this title; or the rehabilitation building and fire code for existing buildings and structures, chapter 23-29.1 of this title;

(5) "Variation" means a special limited modification or change in the code which is applicable only to a particular type of building or facility upon the petition of the person owning the building or facility. All variances shall be in keeping with recognized national standards.

23-28.3-3. Rules and regulations. -- (a) The state fire safety code board shall have the power to promulgate, amend and repeal rules and regulations to safeguard life and property from the hazards of fire and explosives consistent with the provisions of the Fire Safety Code, chapters 28.1 through 28.39 of this title. and consistent with the rehabilitation building and fire code for existing buildings and structures, chapter 29.1 of this title. The regulations, amendments, or repeals shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection. The rules and regulations promulgated by the board, which are known as the state Fire Safety Code, are in effect in all the cities, towns, counties, and political subdivisions in the state. Whenever the provisions of any other statute or local regulation are more stringent or impose higher standards than the state fire safety code, that statute or local regulations will govern, unless it is not consistent with the state code or contrary to recognized standards or good engineering practices. The board determines the relative priority of the regulations.

(b) Prior to the promulgation, amendment, or repeal of any regulation, the state fire safety code board shall hold a public hearing on the proposed changes, amendments, notice of which hearing shall be published fifteen (15) days before the date of the hearing in a newspaper or newspapers of general circulation throughout the state. A copy of the notice shall be sent at the same time to every city and town clerk and every person, firm, or corporation who shall have registered with the state fire safety code board a request to be so notified. The notice shall contain the time and place of hearing, subjects to be discussed, and shall specify the place and time at which the proposed regulation, amendment, or repeal may be examined.

(c) For the purpose of any public hearing under this chapter, the state fire safety code board shall have the power to summon witnesses and administer oaths for the purpose of giving testimony.

(d) The board shall provide for reasonable interpretation of the provisions of this code, and rule on appeals from decisions of the fire marshal.

23-28.3-5. Assistance to building owners -- Petition for variations. -- (a) Any building owner may consult with the authority having jurisdiction for advice and assistance in complying with the provisions of this the Fire Safety Code, adopted pursuant to chapters 28.1 -- 28.39 and chapter 29.1 of this title, or any amendments thereto or any codes adopted thereunder. In case of practical difficulties, the authority having jurisdiction shall refer all requests for variations from particular provisions of the Fire Safety Code adopted pursuant to chapters 23-28.1 to 28.39 of this title or any code adopted thereunder to the fire safety code board. All requests for variations from the particular provisions of the Fire Safety Code adopted pursuant to chapter 29.1 of this title shall be referred to the joint committee pursuant to the provisions of section 23-29.1-4. The petitioner shall set forth in his or her petition to the board the grounds or reasons for requesting the variations.

(b) The board shall fix a day for hearing on the petition and shall give reasonable notice thereof to the petitioner and the property owners within two hundred feet (200') of the petitioner's building or structure when, in the board's discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the state fire marshal and shall be open to public inspection. Any building owner may file a petition for a variance to the board by registered mail, and a hearing date shall be set by the board within thirty (30) days of filing a completed application including a filing fee, established in accordance with the following fee schedule:

(1) Petitions related to existing covered occupancies, not involving construction, alteration, and/or renovation ..... $100 filing fee.

(2) Petitions related to construction, alteration, renovation, and/or conversion or other buildings and structures:

(i) not more than 8,000 square feet ... $100 filing fee

(ii) more than 8,000 square feet but not more than 25,000 square feet ... $300 filing fee

(iii) more than 25,000 square feet but not more than 50,000 square feet ... $500 filing fee

(iv) more than 50,000 square feet ... $1,000 filing fee

(3) Petitions related to maintenance or use of buildings or materials and any petition not otherwise provided for above ... $100 filing fee.

(4) The term "square feet", as used herein, shall be the total floor space and/or storage capacity of the subject building or structure, as determined and certified by the State Fire Marshal or his or her designee, subject to review by the board. The board chairperson may delegate a subcommittee of the board to conduct a hearing and take testimony from the petitioner. The subcommittee shall make recommendations to the board as to their findings, and a decision shall be rendered within ten (10) days of the subcommittee's report. If the petitioner is aggrieved by the subcommittee's recommendations, the petitioner shall have the right of hearing before the entire board within thirty (30) days of the rendered decision.

(c) The application filing fee income shall be deposited as general revenue.

SECTION 5. Chapter 23-28.3 of the General Laws entitled "Fire Safety Code Board of Appeal and Review" is hereby amended by adding thereto the following section:

23-28.3-3.1. Rules and regulations, rehabilitation of existing buildings and structures. -- The state fire safety code board shall have the power to adopt, promulgate, amend and repeal the fire safety code elements of the rehabilitation building and fire code for existing buildings and structures, which shall be administered as a sub-code of the Fire Safety Code and shall supercede other codes and regulations pertaining to the rehabilitation and change of use of existing buildings and structures, unless the provisions of such other codes and regulations are not inconsistent with the provisions of the rehabilitation building and fire code for existing buildings and structures.

SECTION 6. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

23-29.1-1. Legislative findings and purpose. -- The general assembly finds and declares:

23-29.1-2. Joint Committee on the Rehabilitation Building Code for Existing Buildings and Structures. - (a) Creation and membership. There is hereby created a joint committee on the rehabilitation building and fire code for existing buildings and structures consisting of eleven (11) members: five (5) of whom shall be the chairperson of the building code standards committee established by section 23-27.3-100.1.3 and four (4) members of the building code standards committee appointed by the building code standards committee; five (5) of whom shall be the chairpersons of the fire safety code board of appeal and review, established by section 23-28.3-2, and four (4) members of the fire safety code board of appeal and review appointed by the fire safety code board of appeal and review, and one of whom shall be the executive director of the fire safety code board of appeal and review, who shall be an ex-officio, nonvoting member of the joint committee, and shall act as the executive secretary of the joint committee. From the voting members of the joint committee, the governor shall appoint one member to serve as chairperson and one member to serve as vice-chairperson. The terms of chairperson and vice-chairperson shall be for three (3) years, or until their successors are appointed.

23-29.1-4. Variances and appeals. - (a) Variances. The joint committee on the rehabilitation building and fire code for existing buildings and structures shall serve as the board of standards and variances for the rehabilitation building and fire code. Any building owner may consult the authority having jurisdiction for advice and assistance in complying with the provisions of the rehabilitation building and fire code. In case of practical difficulties, the authority having jurisdiction shall refer any request for variance to the joint committee. The petitioner for the variance shall set forth to the joint committee in the petition the grounds or reasons for requesting the variance.

SECTION 7. This act shall take effect upon passage.