2024 -- H 7983 SUBSTITUTE A AS AMENDED

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LC005543/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

     Introduced By: Representatives Cruz, Potter, Diaz, Kislak, Kazarian, Giraldo, and Slater

     Date Introduced: March 05, 2024

     Referred To: House Municipal Government & Housing

     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) percent levy of the total construction cost for each permit issued. The levy shall be limited

to a maximum of fifty dollars ($50.00) 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 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 fee levy shall be deposited as general revenues.

     (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

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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

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

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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 various provisions relative to the duties of the state building

commissioner and would establish a building code education and training program to educate

building officials and inspectors statewide.

     This act would take effect on January 1, 2025.

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