2024 -- S 2990 SUBSTITUTE 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: 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:

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

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

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

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

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

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

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

subcommittees.

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

Qualifications of the state building commissioner.

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

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

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

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

building official.

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

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

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

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

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

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

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

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

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

commissioner.

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

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

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

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

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

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

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

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

inspection.

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

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

ensure consistent enforcement of the code throughout the state.

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

deposited as general revenues.

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

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

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

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

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

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

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

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

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

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

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

shall be deposited as general revenues.

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

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

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

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

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

and state local building officials.

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

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

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

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

and collections; and workflow and report management.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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noncompliance; and

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

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

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

forth in § 28-42-84(a)(9).

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

building code standards committee.

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

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

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

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

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

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

amended by adding thereto the following section:

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

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

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

designee.

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

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

for all building officials and inspectors statewide.

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

is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

     Executive Office of Health and Human Services

     Organ Transplant Fund

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     HIV Care Grant Drug Rebates

     Health System Transformation Project

     Rhode Island Statewide Opioid Abatement Account

     HCBS Support-ARPA

     HCBS Admin Support-ARPA

     Department of Human Services

     Veterans’ home — Restricted account

     Veterans’ home — Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran’s Cemetery Memorial Fund

     Donations — New Veterans’ Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund — Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property — Retained

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     Forfeitures — Federal

     Forfeited property — Gambling

     Donation — Polygraph and Law Enforcement Training

     Rhode Island State Firefighter’s League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property — Gambling

     Department of Administration

     OER Reconciliation Funding

     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology restricted receipt account

     Restore and replacement — Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts — TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Grants Management Administration

     RGGI-Executive Climate Change Coordinating Council Projects

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Housing Production Fund

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children’s Trust Accounts — SSI

     Military Staff

     RI Military Family Relief Fund

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     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses — State Retirement System

     Retirement — Treasury Investment Options

     Defined Contribution — Administration - RR

     Violent Crimes Compensation — Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Marijuana Trust Fund

     Social Equity Assistance Fund

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf — School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies — National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     IGT STEM Scholarships

     Department of Labor and Training

     Job Development Fund

     Contractor Training Restricted Receipt Account

     Rhode Island Council on the Arts

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     Governors’ Portrait Donation Fund

     Statewide records management system account

     SECTION 4. 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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