2024 -- S 2990

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LC005861

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

     Date Introduced: April 16, 2024

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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

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     There is hereby established within the department of business regulation a state building

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code office. The office is comprised of the state building code commissioner and the

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commissioner's staff, the contractors' registration and licensing board, the building code

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commission, the design professionals unit, and the building code standards committee and all other

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applicable subcommittees.

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

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Qualifications of the state building commissioner.

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

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

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

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

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building official.

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

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

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

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

 

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

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

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

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

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

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commissioner.

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

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

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

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

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

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

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

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

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inspection.

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

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interpretations across the state and ensure consistent enforcement of the code throughout the state.

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     (c) The state building code commissioner shall be responsible for the statewide certification

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of all building officials and inspectors. No individual shall serve as a building official, or inspector

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without first satisfying minimum qualifications set forth in § 23-27.3-107.1.1 as determined

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through regulations promulgated by the department of business regulation and building code office.

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

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deposited as general revenues.

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

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

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to a maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2)

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dwellings. This additional levy shall be transmitted monthly to the state building office at the

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department of business regulation, and shall be used to staff and support the purchase or lease and

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

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for uniform, statewide electronic plan review, permit management, and inspection system and other

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programs described in this chapter. The fee levy shall be deposited as general revenues.

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

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

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

 

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

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and collections; and workflow and report management.

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     (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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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noncompliance; and

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

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

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

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forth in § 28-42-84(a)(9).

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

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building code standards committee.

 

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

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

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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

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

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

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amended by adding thereto the following section:

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

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

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

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designee. This unit shall be headed by a staff member designated by the commissioner responsible

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for operational development and oversight of the training unit.

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     (b) Other staff and resources, such as part-time instructors, shall be requested consistent

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with the state budget process.

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     (c) The training unit shall be responsible for implementing uniform building code

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education and training programs for all building officials and inspectors statewide.

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     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

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

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officials and inspectors statewide.

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     This act would take effect on January 1, 2025.

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LC005861

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