2001 -- H 6429
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LC03007
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2001
____________
A N A C T
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-27.3-108.1.3.1, 23-27.3-108.1.3.2, 23-27.3-110.0 and 23-27.3-120.4 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:
23-27.3-108.1.3.1. Test results. -- Copies of the results of all the tests shall be forwarded to the committee building official after completion of the tests within ten (10) days, and shall be kept on file in the permanent records of the building department.
23-27.3-108.1.3.2. Retesting. -- The committee building official may require tests to be repeated, if at any time there is reason to believe that the material or construction no longer conforms to the requirements on which its approval was based.
23-27.3-110.0. Modifications and variances. -- When there are practical difficulties involved in carrying out the provisions of this code, the state board of appeals or the local board of appeals may allow a variance or a modification from such provisions as applied for by the owner as provided in section 23-27.3-127.0; provided, that the decision of the board shall not conflict with the general objectives of this code and its enabling legislation and; provided further, that no decision shall be considered by any person or agency as a precedent for future decisions.
23-27.3-110.0 Modifications. -- Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does nor lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the building department and a copy to the State Building Commissioner.
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, the provisions of Chapter 34, 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.
SECTION 2. Sections 23-27.3-111.0, 23-27.3-111.1, 23-27.3-111.2, 23-27.3-111.3, 23-27.3-111.3.1, 23-27.3-111.3.2, 23-27.3-111.4, 23-27.3-111.4.1, 23-27.3-111.5, 23-27.3-111.6, 23-27.3-111.7, 23-27.3-113.0, 23-27.3-113.1, 23-27.3-113.2, 23-27.3-113.3, 23-27.3-113.3.1, 23-27.3-113.4, 23-27.3-113.5, 23-27.3-113.6, 23-27.3-113.6.1, 23-27.3-113.7, 23-27.3-113.8, 23-27.3-113.9 and 23-27.3-120.6 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby repealed.
23-27.3-111.0. New and altered building and structure - Inspections. --
23-27.3-111.1. Preliminary inspection. -- Before issuing a permit, the building official may examine or cause to be examined all buildings, structures, and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish, or change the use thereof.
23-27.3-111.2. Inspection. -- The building official shall make all required inspections as specified in the provisions of this code and the building official shall conduct the inspections from time to time during and upon completion of the work for which the building official has issued a permit; and the building official shall maintain a record of all the examinations and inspections and of all violations of this code. In conjunction with specific construction projects, the building official may designate specific inspection points in the course of construction which require the contractor or builder to give the building official twenty-four (24) hours notice prior to the time when the inspections are required to be performed. The building official shall make the inspection within forty-eight (48) hours after the notification.
23-27.3-111.3. Manufacturing buildings. --
23-27.3-111.3.1. Plant inspection. -- Inspection of all manufactured buildings, building components, and manufactured homes at the place of manufacture shall be performed by a third party who shall be certified and approved by the committee and monitored by the commission as specified in the rules and regulations pursuant thereto. Fees collected from the manufacturers and third party firms for the approval of the manufactured buildings, building components, and manufactured homes shall be deposited as general revenues.
23-27.3-111.3.2. Installation site inspection. -- Inspection of all manufactured buildings, building components, and mobile homes at the installation site shall be made by the building official as specified in the rules and regulations pursuant thereto.
23-27.3-111.4. Existing buildings. --
23-27.3-111.4.1. Periodic inspections. -- The building official may develop plans for the systematic periodic inspection of all existing buildings and structures within his or her jurisdiction, and may cause the buildings and structures to be periodically or otherwise inspected, as specified in section 23-27.3-121.4, for compliance with this code.
23-27.3-111.5. Final inspection. -- The owner or his or her authorized representative shall notify the building official upon the completion of a building or structure or part thereof. Prior to the issuance of the certificate of use and occupancy required in section 23-27.3-120.0, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the violations. No certificate of use and occupancy shall be issued prior to full compliance with this code.
23-27.3-111.6. Inspection services. -- The building official may accept the written report of inspections from a professional engineer or registered architect licensed by the state; and the inspection shall designate all violations of the requirements of this code.
23-27.3-111.7. Coordination of inspections. -- Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
23-27.3-113.0. Application for permit. --
23-27.3-113.1. When permit is required. -- It shall be unlawful to construct, enlarge, alter, remove, or demolish a building, or change the occupancy of a building from one use group as defined in this code to another; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code, without first filing an application with the building official in writing and obtaining the required permit therefor; except that ordinary repairs as defined in section 23-27.3-102.0 which do not involve any violation of this code shall be exempt from this provision.
23-27.3-113.2. Form of application. -- The application for a permit shall be submitted in such form as the building official may prescribe and shall be accomplished by the required fee as prescribed in section 23-27.3-118.0.
23-27.3-113.3. By whom application is made -- Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit by the owner or the qualified person making the application that the proposed work is authorized for the purposes of making the application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
23-27.3-113.3.1. Applications for work requiring licensed workers -- (a) Prior to the approval of a permit for which a state law requires licensed persons to be responsible for the plumbing, mechanical, electrical, and fire alarm work, the licensed person(s) shall show the building official a recognized form of identification from the state licensing boards and sign the permit. The local official may verify the work is being done properly in the following manner:
(1) The local official may at any time request the workers on the project to show proof of his or her license to perform the work, or
(2) If the worker is not a licensed person, then the local official may take whatever remedial actions allowed by the code pertaining to the improper work found in violation. The workers found to be doing work without a valid Rhode Island license shall be reported to the appropriate licensing board for sanctions and penalties.
(b) The owner/occupant of a single family dwelling shall be exempt from the requirements of subsection (a), but must obtain a permit, be inspected by the local official in accordance with the provisions of the code, and obtain approval of the work prior to use of the completed alteration. Additionally, in order to be exempt from the licensing requirements of subsection (a), the owner/occupant must undertake the work required to be licensed without the assistance of others.
23-27.3-113.4. Description of work. -- The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building; and shall state whether fire extinguishing equipment, plumbing, water piping, gasfitting, heating, or electrical work is involved, the estimated cost of the work including the general work, and such additional information as may be required; the facts contained in each application are to be certified by the applicant under oath.
23-27.3-113.5. Plans and specifications. -- The application for the permit shall be accompanied by not less than three (3) copies of specifications and plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. The plans and specifications shall have prior approval in accordance with the Fire Safety Code, chapters 28.1 -- 28.39 of this title. When quality of materials is essential for conformity to this code, specific information shall be given to establish such quality; and in no case shall the code be cited or term "legal" or its equivalent be used as a substitute for specific information. The building official may waive the requirement for filing plans when the work involved is of a minor nature.
23-27.3-113.6. Plot plan. -- There shall also be filed a plot plan showing to scale the size and location of all the new construction and all existing structures on the site, distances from lot lines, and the established street grades; and the plan shall be drawn in accordance with an accurate boundary line survey, and, when necessary, by a registered land surveyor if required by the building official. If demolition is to be performed, the plot plan shall show all construction to be demolished, and the location and size of all existing buildings and construction that are to remain on the site or plot. The plot plan shall not be changed except as specified in section 23-27.3-115.4.
23-27.3-113.6.1. Approval of an individual sewage disposal system. -- No person shall install, construct, alter, or repair or cause to be installed, constructed, altered, or repaired any individual sewage disposal system, nor shall he or she begin construction of any improvement to his or her property from which sewage will have to be disposed of by means of an individual sewage disposal system, including additions which will result in increased sewage flow, until he or she has obtained the written approval of the director of the department of environmental management of the plans and specifications for the work. Repairs or alterations shall, insofar as possible, comply in every respect with the standards set forth in subject regulations. A municipality may only grant a building permit pursuant to the State Building Code where the person applying for the building permit presents to the municipality the written approval of the director as required by departmental regulations on the individual sewage disposal systems. Upon completion of the installation, construction, alteration, or repair of the individual sewage disposal system, the owner shall submit a copy of the certificate of conformance from the department of environmental management to the building official prior to the issuance of a certificate of use and occupancy as required by sections 23-27.3-120.0 -- 23-27.3-120.6.
23-27.3-113.7. Engineering details. -- The building official may require adequate details of structural, mechanical, and electrical work including computations, stress diagrams, and other essential technical data to be filed. All engineering plans and computations shall bear data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design. Plans for buildings more than two (2) stories in height shall indicate how required structural and if fire-resistance rating integrity will be maintained, and where a penetration will be made for electrical, mechanical, plumbing, and communication conduits, pipes, and systems.
23-27.3-113.8. Amendments to application. -- Subject to the limitations of section 23-27.3-113.9, no amendments or revisions to a plan or other records accompanying the plan may be made until the proposed changes have been filed with and approved by the building official and fire official; and the approved amendments shall be filed therewith.
23-27.3-113.9. Time limitation on application. -- An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless the application has been diligently prosecuted or a permit shall have been issued; except that for reasonable cause, the building official may grant one or more extensions for additional periods of time not exceeding ninety (90) days each.
23-27.3-120.6. Contents of certificate. -- The certificate shall certify compliance with the provisions of this code and the purpose for which the building or structure may be used in its several parts, and shall be issued by the building official within ten (10) days after final inspection; provided, that the provisions of the approved permits and of the applicable codes for which permits are required have been met. For use groups H, S, M, F, and B, the certificate of use and occupancy shall specify: the use group, in accordance with the provisions of this chapter; the maximum live load on all floors as prescribed in this chapter; the occupancy load in the building and all parts of the building as defined in this chapter; and any special stipulations, and conditions of the building permit.
SECTION 3. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby amended by adding thereto the following sections:
23-27.3-108.1.3.3. Approved materials and equipment. -- Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
23-27.3-108.1.3.4. Used materials and equipment. -- The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.
23-27.3-108.1.3.5. Alternative materials, design and methods of construction and equipment. -- The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
23-27.3-108.1.3.6. Tests. - - Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.
23-27.3-110.1. Areas prone to flooding. - - The building official shall not grant modifications to any provision related to areas prone to flooding as established by State Building Code without the granting of a variance to such provisions by the local or state board of appeals.
23-27.3-111.0.1. Inspections. - All uses except R-4.
23-27.3-111.1.1. General. -- Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
23-27.3-111.1.2. Preliminary inspection. -- Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
23-27.3-111.1.3. Required inspections. -- The building official, upon notification, shall make the inspections set forth in sections 23-27.3-111.3.1 through 23-27.3-111.3.10.
23-27.3-111.1.3.1. Footing or foundation inspection. -- Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
23-27.3-111.1.3.2. Concrete slab or under-floor inspection. -- Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
23-27.3-111.1.3.3. Lowest floor elevation. -- The elevation certification required by the flood hazard provisions shall be submitted to the building official after footings and foundations are in place and prior to any super-structure work is performed.
23-27.3-111.1.3.4. Frame inspection. -- Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
23-27.3-111.1.3.5. Lath or gypsum board inspection. -- Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.
23-27.3-111.1.3.6. Fire resistant penetrations. -- Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected and approved.
23-27.3-111.1.3.7. Energy efficiency inspections. -- Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U value, fenestration U value, duct system R value, and HVAC and water heating equipment efficiency.
23-27.3-111.1.3.8. Other inspections. -- In addition to the inspections specified above, the building official is authorized to make or required other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building official.
23-27.3-111.1.3.9. Special inspections. -- For special inspections, see provisions in SBC-1.
23-27.3-111.1.3.10. Final inspection. -- The final inspection shall be made after all work required by the building permit is completed.
23-27.3-111.1.4. Inspection agencies. -- The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
23-27.3-111.1.5. Inspection requests. -- It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.
23-27.3-111.1.6. Approval required. -- Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
23-27.3-111.1.7. Inspections - R4 Use Group. Types of Inspections. -- For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.
23-27.3-111.1.7.1. Foundation inspection. - - Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
23-27.3-111.1.7.2. Plumbing, mechanical, gas and electrical systems inspection. -- Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
Exception: Ground-source heat pump loop systems tested in accordance with Regulation SBC-4 shall be permitted to be backfilled prior to inspection.
23-27.3-111.1.7.3. Floodplain inspections. - - For construction permitted in areas prone to flooding as established by the flood hazard provisions of SBC-2, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of a certification, prepared by a registered professional engineer or land surveyor, of the elevation of the lowest habitable floor, including basement, required in said regulation.
23-27.3-111.1.7.4. Frame and masonary inspection. -- Inspection of framing and masonary construction shall be made after the roof, masonry, all framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.
23-27.3-111.1.7.5. Other inspections. - - In addition to the called inspections above, the building department may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building department.
23-27.3-111.1.7.5.1. Fire-resistance-rated construction inspection. - - Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished.
23-27.3-111.1.7.6. Final inspection. - - Final inspection shall be made after the permitted work is complete and prior to occupancy.
23-27.3-111.1.7.7. Inspection agencies. - - The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
23-27.3-111.1.7.8. Inspection requests. - - It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work.
23-27.3-111.1.7.9. Approval required. - - Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
23-27.3-111.1.8. Manufactured buildings. - -
23-27.3-111.1.8.1. Plant inspection. - - Inspection of all manufactured buildings, building components, and manufactured homes at the place of manufacture shall be performed by a third party who shall be certified and approved by the committee and monitored by the commission as specified in the rules and regulations pursuant thereto. Fees collected from the manufacturers and third party firms for the approval of the manufactured buildings, building components, and manufactured homes shall be deposited as general revenues.
23-27.3-111.1.8.2. Installation site inspection. - - Inspection of all manufactured buildings, building components, and manufactured homes at the installation site shall be made by the building official as specified in the rules and regulations pursuant thereto.
23-27.3-111.1.9. Existing buildings. - -
23-27.3-111.1.9.1. Periodic inspections. - - The building official may develop plans for the systematic periodic inspection of all existing buildings and structures within his or her jurisdiction, and may cause the buildings and structures to be periodically or otherwise inspected, as specified in section 23-27.3-121.4, for compliance with this code.
23-27.3-111.1.10. Coordination of inspections. - - Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one (1) code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
23-27.3-113.0.1. Permits. - -
23-27.3-113.1.1. Required. - - Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the use of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
23-27.3-113.1.2. Annual permit. -- In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one (1) or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.
23-27.3-113.1.3. Annual permit records. - - The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.
23-27.3-113.2.1. Form of application. -- The application for a permit shall be submitted in such form as the building commissioner may prescribe and shall be accompanied by the required fee as prescribed in section 23-27.3-118.0.
23-27.3-113.2.2. Work exempt from permit. - - Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed sixty-four (64) square feet (18.58m
2).(2) Fences not over six feet (1829 mm) high.
(3) Oil derricks.
(4) Retaining walls which are not over thirty inches (762 mm) in height measured from the lower finished grade to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
Exception:
(1) All cast-in-place concrete retaining walls greater than twenty-four (24) inches in height shall require a permit;
(2) All engineered masonry retaining wall systems shall be installed in accordance with manufacturer's installation instructions and shall require a permit if more than four (4) courses high;
(3) Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18 930L) and the ratio of height to diameter or width does not exceed two (2) to one (1);
(4) Sidewalks and driveways not more than thirty (30) inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route;
(5) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
(6) Temporary motion picture, television and theater stage sets and scenery;
(7) Prefabricated swimming pools accessory to a Group R-3 or R-4 occupancy which are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18 930L) and are installed entirely above ground;
(8) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems;
(9) Swings and other playground equipment accessory to one and two-family dwellings and less than sixty-four (64) square feet;
(10) Window awnings supported by an exterior wall of Group R-3 or R-4 and Group U occupancies;
(11) Movable cases, counters and partitions not over five feet nine inches (5'9) (1753 mm) in height;
(12) Replacement windows that leave the original frame intact.
NOTE: Items 1, 2, 4, 5, 6, 7, 11, 12 and 14 are for residential R-4 users.
Electrical:
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but does apply to equipment and wiring for power supply, the installation of towers, cellular towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
(1) Portable heating appliance;
(2) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
(1) Portable heating appliance;
(2) Portable ventilation equipment;
(3) Portable cooling unit;
(4) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code;
(5) Replacement of any part which does not alter its approval or make it unsafe.
(6) Portable evaporative cooler;
(7) Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.
Plumbing:
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
23-27.3-113.2.3. Emergency repairs. - - Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
23-27.3-113.2.4. Public service agencies. - - A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
23-27.3-113.2.5. Application for permit. - - To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made;
(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work;
(3) Indicate the use and occupancy for which the proposed work is intended;
(4) Be accompanied by construction documents and other information as required in section 106.3;
(5) State the valuation of the proposed work;
(6) Be signed by the applicant, or the applicant's authorized agent;
(7) Give such other data and information as required by the building official.
23-27.3-113.2.5.1 Substantially improved or substantially damaged existing buildings and structures. - - For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by the State Building Code, the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. If the building official finds that the value of proposed work equals or exceeds fifty percent (50%) of the market value of the building or structure, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damages shall meet the requirements of said code.
23-27.3-113.2.6 Applications for work requiring licensed workers. -- (a) Prior to the approval of a permit for which a state law requires licensed persons to be responsible for the plumbing, mechanical, electrical, and fire alarm work, the licensed person(s) shall present to the building official a recognized form of identification from the state licensing boards and sign the permit. The local official may verify the work is being done properly in the following manner:
(1) The local official may at any time request the workers on the project to show proof of his or her license to perform the work; or
(2) If the worker is not a licensed person, then the local official may take whatever remedial actions allowed by the code pertaining to improper work found in violation. The workers found to be doing work without a valid Rhode Island license shall be reported to the appropriate licensing board for sanctions and penalties.
(b) The owner/occupant of a single family dwelling shall be exempt from the requirements of subsection (a), but must obtain a permit, be inspected by the local official in accordance with the provisions of the code, and obtain approval of the work prior to use of the completed alteration. Additionally, in order to be exempt from the licensing requirements of subsection (a), the owner/occupancy must undertake the work required to be licensed without the assistance of others.
23-27.3-113.3.1.1. Action on application. - - The building official shall examine or cause to be examined applications for permits and amendments thereto within fifteen (15) business days after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
23-27.3-113.3.1.2. Time limitation of application. - - An application for a permit for any proposed work shall be deemed to have been abandoned one hundred and eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one (1) or more extensions of time for additional periods not exceeding one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.
23-27.3-113.4.1. Validity of permit. - - The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
23-27.3-113.5.2. Expiration. - - Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred and eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred and eighty (180) days after the time the work is commenced. The building official is authorized to grant, in writing, one (1) or more extensions of time, for a period not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.
23-27.3-113.6.2. Suspension or revocation. - - The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
23-27.3-113.7.1. Placement of permit. - - The building permit or copy shall be kept on the site of the work until the completion of the project.
23-27.3-113.8.1. Responsibility. - - It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
23-27.3-113.9.1. Construction documents. - -
23-27.3-113.9.2. Plans and specifications. - - The application for the permit shall be accompanied by not less than three (3) copies of specifications and plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. The plans and specifications shall have prior approval where and when required in accordance with the Fire Safety Code, chapters 28.1-8.39 of this title. When quality of materials is essential for conformity to this code, specific information shall be given to establish such quality; and in no case shall the code be cited or term "legal" or its equivalent be used as a substitute for specific information. The building official may waive the requirement for filing plans when the work involved is of a minor nature.
23-27.3-113.9.3. Information on construction documents. -- Construction documents shall be dimensioned and drawn upon suitable material. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
23-27.3-113.9.4. Fire protection system shop drawings. - - Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Regulation SBC-1 and designed and sealed by a licensed engineer.
23-27.3-113.10. Manufacturer's installation instructions. - - Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.
23-27.3-113.10.1. Information for construction in areas prone to flooding.- - For buildings and structures in flood hazard areas as established by the State Building Code, construction documents shall include:
(1) Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevation, as appropriate;
(2) The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade; and
(3) If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.
23-27.3-113.10.2. Means of egress. -- The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Use Groups R-2, R-3, R-4 and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
23-27.3-113.10.3. Exterior wall envelope. - - Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
23-27.3-113.11. Site plan. - - The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey and when necessary by a registered land surveyor if required by the building official. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
23-27.3-113.12. Examination of documents. - - The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
23-27.3-113.12.1. Approval of construction documents. - - When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. The third set shall be kept by the owner.
23-27.3-113.12.2. Previous approvals. - - This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within one hundred and eighty (180) days after the effective date of this code and has not been abandoned.
23-27.3-113.12.3. Phased approval. -- The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building construction and without assurance that a permit for the entire structure will be granted.
23-27.3-113.12.4. Approval of individual sewage disposal system. -- No person shall install, construct, alter, or repair or cause to be installed, constructed, altered, or repaired any individual sewage disposal system, nor shall he or she begin construction of any improvement to his or her property from which sewage will have to be disposed of by means of an individual sewage disposal system, including additions which will result in increased sewage disposal system, including additions which will result in increased sewage flow, until he or she has obtained the written approval of the director of the department of environmental management of the plans and specifications for the work. Repairs or alterations shall, insofar as possible, comply in every respect with the standards set forth in subject regulations. A municipality may only grant a building permit pursuant to the State Building Code where the person applying for the building permit presents to the municipality the written approval of the director as required by departmental regulations on the individual sewage disposal systems. Upon completion of the installation, construction, alteration, or repair of the individual sewage disposal system, the owner shall submit a copy of the certificate of conformance from the department of environmental management to the building official prior to the issuance of a certificate of use and occupancy as required by sections 23-27.3-120.0--23-27.3-120.6.
23-27.3-113.12.5. Design professional in responsible charge. - -
23-27.3-113.12.5.1. General. - - When it is required that documents be prepared by an architect or an engineer, the building official shall be authorized to require the owner to engage and designate on the building permit application an architect or an engineer who shall act as the person in responsible charge. If the circumstances require, the owner shall designate a substitute architect or engineer in responsible charge who shall perform the duties required of the original architect or engineer in responsible charge. The building official shall be notified in writing by the owner if the architect or engineer in responsible charge is changed or is unable to continue to perform the duties. The architect or engineer in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by the provisions in Regulation SBC-1, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.
23-27.3-113.12.5.2. Engineering details. -- The building official may require adequate details of structural, mechanical, and electrical work including computations, stress diagrams, and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design. Plans for buildings more than two (2) stories in height shall indicate how required structural and fire-resistance rating integrity will be maintained, and where a penetration will be made for electrical, mechanical, plumbing, and communication conduits, pipes, and systems.
23-27.3-113.12.5.3. Deferred submittals. -- For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.
Deferral of any submittal items shall have the prior approval of the building official. The architect or engineer in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.
23-27.3-113.12.6. Amended construction documents. -- Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
23-27.3-115.6. Service utilities. - -
23-27.3-115.6.1. Connection of service utilities. -- No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official or his designee.
23-27.3-115.7. Temporary connection. -- The building official or his designee shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
23-27.3-115.8. Authority to disconnect service utilities. -- The building official or his designee shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official or his designee shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
23-27.3-120.7. Certificate issued. -- After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that shall contain the following:
1. The building permit number;
2. The address of the structure;
3. The name and address of the owner;
4. A description of that portion of the structure for which the certificate is issued;
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified;
6. The name of the building official;
7. The edition of the code under which the permit was issued;
8. The use and occupancy, in accordance with the provisions of Chapter 3;
9. The type of construction as defined in Chapter 6;
10. The design occupant load;
11. If an automatic sprinkler system is provided, whether the sprinkler system is required;
12. Any special stipulations and conditions of building permit including a statement indicating whether variances or modifications were granted;
SECTION 4. This act shall take effect on July 1, 2001.
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LC03007
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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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This act would amend the provisions of the law related to the administration and enforcement of the State Building Code regarding the issuance of permits, inspections, construction documents and certificate of occupancy.
This act would take effect on July 1, 2001.