Chapter 159

2007 -- H 5556 SUBSTITUTE B

Enacted 06/30/07

A N A C T

RELATING TO HEALTH AND SAFETY -- THE STATE BUILDING CODE

Introduced By: Representatives San Bento, and Shanley

Date Introduced: February 28, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-27.3-114.1 of the General Laws in Chapter 23-27.3 entitled

"State Building Code" is hereby amended to read as follows:

23-27.3-114.1. Action on application. -- (a) The building official shall examine or cause

to be examined all applications for permits and amendments thereto within fifteen (15) days after

filing. Before a permit is granted for the excavation or for the erection of any building or

structure, a written statement shall be furnished by the owner from a town or city engineer as to

the established grades. If the application or plans do not conform to the requirements of this code

or of all applicable laws, the building official shall reject the application citing the specific

sections of this code or applicable law upon which the rejection is based. If the building official is

satisfied that the proposed work conforms to the requirements of this code and all laws applicable

thereto, he or she shall issue a permit.

(b) In cases where the permit application is for the construction or rehabilitation of a

residential dwelling occupied by one, two (2), and/or three (3) families, the building official shall

reject the application or issue the permit within sixty (60) calendar days after the filing of the

application. If after sixty (60) calendar days the application has not been either rejected or a

permit issued, the permit fee shall be reduced by fifty percent (50%). The review period shall

begin on the date when the application is filed with the building official and shall include any

actions on the application required by subsection (a) herein, subsection 23-28.1-2(2) and 23-28.1-

6 and actions by any other departments with authority over the issuance of the permit.

(c) (b) If an application requires access by driveway to a state highway or state highway

right of way, or the placement or alteration of curbs, or the connecting to, pumping or draining

water to, the state highway drainage system, or making any alteration to the state highway

system, a physical alteration permit shall first be obtained from the director of the department of

transportation pursuant to rules and regulations promulgated under sections 24-8-9, 24-8-33 and

24-8-34. The director shall render a decision within ninety (90) days of receipt of request for

access.

     SECTION 2. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled

"Comprehensive Fire Safety Act" is hereby amended to read as follows:

23-28.1-6. Applicability to new or existing structures. -- (a) All regulations contained

in this code apply to all structures unless specifically exempted. 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 approve or disapprove the completed set of

plans within a reasonable time not to exceed ninety (90) days. 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 structures is not applicable, to the

requirements for new structures as related to the proposed use or type of occupancy.

Notwithstanding the foregoing, any completed set of plans relating to the construction or

rehabilitation of a residential dwelling occupied by one, two (2), and/or three (3) families shall be

approved or disapproved within sixty (60) days.

      (b) In existing structures, since it is not always practical or efficient to strictly apply all

of the provisions of the code, the authority having jurisdiction shall have the power to implement

and enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and

the Life Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent

with such rules and regulations as may be adopted and such decisions as may be rendered by the

Fire Safety Code Board of Appeal and Review.

      (c) Application of the code to new and existing structures shall be consistent with such

blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of

Appeal and Review, and such modifications as may be issued in writing by the authority having

jurisdiction, in accordance with NFPA 101, with annexes.

     SECTION 3. This act shall take effect upon passage.

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LC02156/SUB B

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