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 | |
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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: | |
1 | SECTION 1. Sections 23-27.3-107.0, 23-27.3-107.4 and 23-27.3-108.2 of the General |
2 | Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows: |
3 | 23-27.3-107.0. Department of building inspection. State building code office. |
4 | There is hereby established within the department of business regulation a state building |
5 | code office. The office is comprised of the state building code commissioner and the |
6 | commissioner's staff, the contractors' registration and licensing board, the building code |
7 | commission, the design professionals unit, and the building code standards committee and all other |
8 | applicable subcommittees. |
9 | 23-27.3-107.4. Qualifications and duties of the state building commissioner. |
10 | Qualifications of the state building commissioner. |
11 | (a) The state building commissioner shall serve as the executive secretary to the state |
12 | building code standards committee. In addition to the state building commissioner’s other duties as |
13 | set forth in this chapter, the state building commissioner shall assume the authority for the purpose |
14 | of enforcing the provisions of the state building code in a municipality where there is no local |
15 | building official. |
16 | (b) The state building commissioner shall be a member of the classified service, and for |
17 | administrative purposes shall be assigned a position in the department of business regulation. |
18 | Qualifications for the position of the state building commissioner shall be established in accordance |
19 | with provisions of the classified service of the state, and shall include the provision that the |
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1 | qualifications include at least ten (10) years’ experience in building or building regulations |
2 | generally, and that the commissioner be an architect or professional engineer licensed in the state |
3 | or a certified building official presently or previously employed by a municipality and having at |
4 | least ten (10) years’ experience in the building construction or inspection field. |
5 | 23-27.3-108.2. State building commissioner’s duties. Duties of the state building code |
6 | commissioner. |
7 | (a) This code shall be enforced by the state building commissioner as to any structures or |
8 | buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction |
9 | of the state or any of its departments, commissions, agencies, or authorities established by an act |
10 | of the general assembly, and as to any structures or buildings or parts thereof that are built upon |
11 | any land owned by or under the jurisdiction of the state. The state building code commissioner shall |
12 | have the authority to enforce and perform the duties required by the state building code, chapter 27 |
13 | of this title, and all codes referenced therein and adopted thereunder, and all other provisions of the |
14 | general laws and public laws insofar as such powers and duties relate to building codes and building |
15 | inspection. |
16 | (b) The state building code commissioner shall work to standardize building code |
17 | interpretations across the state and ensure consistent enforcement of the code throughout the state. |
18 | (c) The state building code commissioner shall be responsible for the statewide certification |
19 | of all building officials and inspectors. No individual shall serve as a building official, or inspector |
20 | without first satisfying minimum qualifications set forth in § 23-27.3-107.1.1 as determined |
21 | through regulations promulgated by the department of business regulation and building code office. |
22 | (b)(d) Permit fees for the projects shall be established by the committee. The fees shall be |
23 | deposited as general revenues. |
24 | (c)(e)(1) The local cities and towns shall charge each permit applicant an additional .1 |
25 | (.001) percent levy of the total construction cost for each permit issued. The levy shall be limited |
26 | to a maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2) |
27 | dwellings. This additional levy shall be transmitted monthly to the state building office at the |
28 | department of business regulation, and shall be used to staff and support the purchase or lease and |
29 | operation of a web-accessible service and/or system to be utilized by the state and municipalities |
30 | for uniform, statewide electronic plan review, permit management, and inspection system and other |
31 | programs described in this chapter. The fee levy shall be deposited as general revenues. |
32 | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide |
33 | process for electronic plan review, permit management, and inspection. The process shall include, |
34 | but not be limited to: applications; submission of building plans and plans for developments and |
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1 | plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation |
2 | and collections; and workflow and report management. |
3 | (3) On or before December 1, 2013, the building commissioner, with the assistance of the |
4 | office of regulatory reform, shall implement the standard statewide process for electronic plan |
5 | review, permit management, and inspection. In addition, the building commissioner shall develop |
6 | a technology and implementation plan for a standard web-accessible service or system to be utilized |
7 | by the state and municipalities for uniform, statewide electronic plan review, permit management, |
8 | and inspection. The plan shall include, but not be limited to: applications; submission of building |
9 | plans and plans for developments and plots; plan review; permitting; inspections; inspection |
10 | scheduling; project tracking; fee calculation and collections; and workflow and report management. |
11 | (d)(f) The building commissioner shall, upon request by any state contractor described in |
12 | § 37-2-38.1, review, and when all conditions for certification have been met, certify to the state |
13 | controller that the payment conditions contained in § 37-2-38.1 have been met. |
14 | (e)(g) The building commissioner shall coordinate the development and implementation of |
15 | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before |
16 | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement |
17 | the provisions of this section and § 23-27.3-115.6. |
18 | (f)(h) The building commissioner shall submit, in coordination with the state fire marshal, |
19 | a report to the governor and general assembly on or before April 1, 2013, and each April 1 |
20 | thereafter, providing the status of the web-accessible service and/or system implementation and |
21 | any recommendations for process or system improvement. In every report submitted on or after |
22 | April, 2024, the building commissioner shall provide the following information: |
23 | (1) The identity of every municipality in full compliance with the provisions § 23-27.3- |
24 | 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; |
25 | (2) The identity of every municipality failing to fully implement and comply with the |
26 | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the |
27 | provisions of this section, and the nature, extent, and basis or reason for the failure or |
28 | noncompliance; and |
29 | (3) Recommendations to achieve compliance by all municipalities with the provisions of § |
30 | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. |
31 | (g)(i) The building commissioner shall assist with facilitating the goals and objectives set |
32 | forth in § 28-42-84(a)(9). |
33 | (j) The state building code commissioner shall serve as the executive secretary to the state |
34 | building code standards committee. |
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1 | (k) In addition to the state building code commissioner's other duties as set forth in this |
2 | chapter, and notwithstanding the same, the state building code commissioner and the |
3 | commissioner's staff shall assume the authority for the purposes of enforcing the provisions of the |
4 | state building code in a municipality where there is no local building official or alternate as detailed |
5 | in § 23-27.3-107.2, or where there are no local building inspectors. |
6 | SECTION 2. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby |
7 | amended by adding thereto the following section: |
8 | 23-27.3-108.3. State building code education and training academy. |
9 | (a) There shall be a building code education and training unit within the state building code |
10 | office, which shall be overseen by the state building code commissioner or the commissioner's |
11 | designee. This unit shall be headed by a staff member designated by the commissioner responsible |
12 | for operational development and oversight of the training unit. |
13 | (b) Other staff and resources, such as part-time instructors, shall be requested consistent |
14 | with the state budget process. |
15 | (c) The training unit shall be responsible for implementing uniform building code |
16 | education and training programs for all building officials and inspectors statewide. |
17 | SECTION 3. This act shall take effect on January 1, 2025. |
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LC005861 | |
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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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1 | This act would amend various provisions relative to the duties of the state building |
2 | commissioner and would establish a building code education and training unit to educate building |
3 | officials and inspectors statewide. |
4 | This act would take effect on January 1, 2025. |
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