law24291

Chapter 291

2024 -- S 2990 SUBSTITUTE A
Enacted 06/25/2024

A N A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

Introduced By: Senators Ciccone, Zurier, F. Lombardi, Britto, and DiPalma

Date Introduced: April 16, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-27.3-107.0, 23-27.3-107.4 and 23-27.3-108.2 of the General

Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-107.0. Department of building inspection. State building code office.

There exists within the department of business regulation a state building code office. The

office is comprised of the state building code commissioner and the commissioner's staff, the

contractors' registration and licensing board, the building code commission, the design

professionals unit, and the building code standards committee and all other applicable

subcommittees.

23-27.3-107.4. Qualifications and duties of the state building commissioner.

Qualifications of the state building commissioner.

(a) The state building commissioner shall serve as the executive secretary to the state

building code standards committee. In addition to the state building commissioner’s other duties as

set forth in this chapter, the state building commissioner shall assume the authority for the purpose

of enforcing the provisions of the state building code in a municipality where there is no local

building official.

(b) The state building commissioner shall be a member of the classified service, and for

administrative purposes shall be assigned a position in the department of business regulation.

Qualifications for the position of the state building commissioner shall be established in accordance

with provisions of the classified service of the state, and shall include the provision that the

qualifications include at least ten (10) years’ experience in building or building regulations

generally, and that the commissioner be an architect or professional engineer licensed in the state

or a certified building official presently or previously employed by a municipality and having at

least ten (10) years’ experience in the building construction or inspection field.

23-27.3-108.2. State building commissioner’s duties. Duties of the state building code

commissioner.

(a) This code shall be enforced by the state building commissioner as to any structures or

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

of the state or any of its departments, commissions, agencies, or authorities established by an act

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

any land owned by or under the jurisdiction of the state. The state building code commissioner shall

have the authority to enforce and perform the duties required by the state building code, chapter 27

of this title, and all codes referenced therein and adopted thereunder, and all other provisions of the

general laws and public laws insofar as such powers and duties relate to building codes and building

inspection.

(b) The state building code commissioner shall work to standardize building code

interpretations across the state with input from the Rhode Island League of Cities and Towns and

ensure consistent enforcement of the code throughout the state.

(b)(c) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

(c)(d)(1) The local cities and towns shall charge each permit applicant an additional .1

(.001) one-tenth percent (0.1%) levy of the total construction cost for each commercial permit

issued, and two-tenths percent (0.2%) levy of the total construction cost for each residential permit

issued. The levy shall be limited to a maximum of fifty dollars ($50.00) one hundred dollars ($100)

for each of the permits issued for one- and two-family (2) dwellings. This additional levy shall be

transmitted monthly to the state building office at the department of business regulation,; and

(i) Fifty percent (50%) of this additional levy on residential permits and one hundred

percent (100%) of this additional levy on commercial permits shall be used to staff and support the

purchase or lease and operation of a web-accessible service and/or system to be utilized by the state

and municipalities for uniform, statewide electronic plan review, permit management, and

inspection system and other programs described in this chapter. The This portion of the fee levy

shall be deposited as general revenues.

(ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to

the department of labor and training and shall be deposited into the contractor training restricted

receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27.

Subject to appropriation by the general assembly, these funds shall be used to provide contractor

training grants for programs that shall include, but are not limited to, minority business enterprises

and state local building officials.

(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide

process for electronic plan review, permit management, and inspection. The process shall include,

but not be limited to: applications; submission of building plans and plans for developments and

plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation

and collections; and workflow and report management.

(3) On or before December 1, 2013, the building commissioner, with the assistance of the

office of regulatory reform, shall implement the standard statewide process for electronic plan

review, permit management, and inspection. In addition, the building commissioner shall develop

a technology and implementation plan for a standard web-accessible service or system to be utilized

by the state and municipalities for uniform, statewide electronic plan review, permit management,

and inspection. The plan shall include, but not be limited to: applications; submission of building

plans and plans for developments and plots; plan review; permitting; inspections; inspection

scheduling; project tracking; fee calculation and collections; and workflow and report management.

(d)(e) The building commissioner shall, upon request by any state contractor described in

§ 37-2-38.1, review, and when all conditions for certification have been met, certify to the state

controller that the payment conditions contained in § 37-2-38.1 have been met.

(e)(f) The building commissioner shall coordinate the development and implementation of

this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before

January 1, 2022, the building commissioner shall promulgate rules and regulations to implement

the provisions of this section and § 23-27.3-115.6.

(f)(g) The building commissioner shall submit, in coordination with the state fire marshal,

a report to the governor and general assembly on or before April 1, 2013, and each April 1

thereafter, providing the status of the web-accessible service and/or system implementation and

any recommendations for process or system improvement. In every report submitted on or after

April, 2024, the building commissioner shall provide the following information:

(1) The identity of every municipality in full compliance with the provisions § 23-27.3-

115.6 and the rules and regulations promulgated pursuant to the provisions of this section;

(2) The identity of every municipality failing to fully implement and comply with the

provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the

provisions of this section, and the nature, extent, and basis or reason for the failure or

noncompliance; and

(3) Recommendations to achieve compliance by all municipalities with the provisions of §

23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.

(g)(h) The building commissioner shall assist with facilitating the goals and objectives set

forth in § 28-42-84(a)(9).

(i) The state building code commissioner shall serve as the executive secretary to the state

building code standards committee.

(j) In addition to the state building code commissioner's other duties as set forth in this

chapter, and notwithstanding the same, the state building code commissioner and the

commissioner's staff shall assume the authority for the purposes of enforcing the provisions of the

state building code in a municipality where there is no local building official or alternate as detailed

in § 23-27.3-107.2, or where there are no local building inspectors.

SECTION 2. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby

amended by adding thereto the following section:

23-27.3-108.3. State building code education and training academy.

(a) There shall be a building code education and training program within the state building

code office, which shall be overseen by the state building code commissioner or the commissioner's

designee.

(b) The training program shall be responsible for implementing uniform building code

education and training programs, with input from the Rhode Island League of Cities and Towns,

for all building officials and inspectors statewide.

SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

35-4-27. Indirect cost recoveries on restricted receipt accounts.

Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

Executive Office of Health and Human Services

Organ Transplant Fund

HIV Care Grant Drug Rebates

Health System Transformation Project

Rhode Island Statewide Opioid Abatement Account

HCBS Support-ARPA

HCBS Admin Support-ARPA

Department of Human Services

Veterans’ home — Restricted account

Veterans’ home — Resident benefits

Pharmaceutical Rebates Account

Demand Side Management Grants

Veteran’s Cemetery Memorial Fund

Donations — New Veterans’ Home Construction

Department of Health

Pandemic medications and equipment account

Miscellaneous Donations/Grants from Non-Profits

State Loan Repayment Match

Healthcare Information Technology

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

Eleanor Slater non-Medicaid third-party payor account

Hospital Medicare Part D Receipts

RICLAS Group Home Operations

Commission on the Deaf and Hard of Hearing

Emergency and public communication access account

Department of Environmental Management

National heritage revolving fund

Environmental response fund II

Underground storage tanks registration fees

De Coppet Estate Fund

Rhode Island Historical Preservation and Heritage Commission

Historic preservation revolving loan fund

Historic Preservation loan fund — Interest revenue

Department of Public Safety

E-911 Uniform Emergency Telephone System

Forfeited property — Retained

Forfeitures — Federal

Forfeited property — Gambling

Donation — Polygraph and Law Enforcement Training

Rhode Island State Firefighter’s League Training Account

Fire Academy Training Fees Account

Attorney General

Forfeiture of property

Federal forfeitures

Attorney General multi-state account

Forfeited property — Gambling

Department of Administration

OER Reconciliation Funding

Health Insurance Market Integrity Fund

RI Health Benefits Exchange

Information Technology restricted receipt account

Restore and replacement — Insurance coverage

Convention Center Authority rental payments

Investment Receipts — TANS

OPEB System Restricted Receipt Account

Car Rental Tax/Surcharge-Warwick Share

Grants Management Administration

RGGI-Executive Climate Change Coordinating Council Projects

Executive Office of Commerce

Housing Resources Commission Restricted Account

Housing Production Fund

Department of Revenue

DMV Modernization Project

Jobs Tax Credit Redemption Fund

Legislature

Audit of federal assisted programs

Department of Children, Youth and Families

Children’s Trust Accounts — SSI

Military Staff

RI Military Family Relief Fund

RI National Guard Counterdrug Program

Treasury

Admin. Expenses — State Retirement System

Retirement — Treasury Investment Options

Defined Contribution — Administration - RR

Violent Crimes Compensation — Refunds

Treasury Research Fellowship

Business Regulation

Banking Division Reimbursement Account

Office of the Health Insurance Commissioner Reimbursement Account

Securities Division Reimbursement Account

Commercial Licensing and Racing and Athletics Division Reimbursement Account

Insurance Division Reimbursement Account

Historic Preservation Tax Credit Account

Marijuana Trust Fund

Social Equity Assistance Fund

Judiciary

Arbitration Fund Restricted Receipt Account

Third-Party Grants

RI Judiciary Technology Surcharge Account

Department of Elementary and Secondary Education

Statewide Student Transportation Services Account

School for the Deaf Fee-for-Service Account

School for the Deaf — School Breakfast and Lunch Program

Davies Career and Technical School Local Education Aid Account

Davies — National School Breakfast & Lunch Program

School Construction Services

Office of the Postsecondary Commissioner

Higher Education and Industry Center

IGT STEM Scholarships

Department of Labor and Training

Job Development Fund

Contractor Training Restricted Receipt Account

Rhode Island Council on the Arts

Governors’ Portrait Donation Fund

Statewide records management system account

SECTION 4. This act shall take effect on January 1, 2025.

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LC005861/SUB A/2

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