| Chapter 105 |
| 2022 -- H 7833 Enacted 06/20/2022 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
Introduced By: Representative Raymond A. Hull |
| Date Introduced: March 04, 2022 |
| 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; and 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 |
| 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 |
| 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 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 of 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. |
| (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 that 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 that 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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| LC004835 |
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