2025 -- H 5509

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LC001307

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

     Introduced By: Representatives Knight, Cortvriend, Caldwell, Speakman, Spears, Cotter,
Donovan, McEntee, Fogarty, and Tanzi

     Date Introduced: February 13, 2025

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State

Building Code" is hereby amended to read as follows:

     23-27.3-108.2. Duties of the state building code commissioner. [Effective January 1,

2025.]

     (a) The state building code commissioner shall have the authority to enforce and perform

the duties required by the state building code, chapter 27.3 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; provided, however, that

for the purposes of this section structures constituting tents and/or membrane frame structures as

defined in this state building code and any regulations promulgated hereunder shall be subject to

an annual certification process to be established by the state building commissioner in conjunction

with the state fire marshal and shall not be subject to recurring permit and fee requirements as

otherwise required by this code.

     (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.

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

deposited as general revenues.

     (d)(1) The local cities and towns shall charge each permit applicant an additional 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 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 submission, review, permit management,

and inspection system and other programs described in this chapter. 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

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 submission, review, permit management, and inspection. The process

shall include, but not be limited to: applications a uniform application; 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

submission, 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

submission, review, permit management, and inspection. The plan shall include, but not be limited

to: applications a uniform application; 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.

     (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.

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     (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.

     (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.

     (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 42-14 of the General Laws entitled "Department of Business

Regulation" is hereby amended by adding thereto the following section:

     42-14-20. Uniform electronic permitting.

     (a) In conjunction with implementing electronic permitting for construction permits and

development applications pursuant to §§ 23-27.3-115.6, 45-23-36.1, and 45-24-58.1, the state

building commissioner shall, with the assistance of the office of regulatory reform, adopt and

implement electronic permitting for any other category of state or local permit authorized under

state law and that the commissioner deems to significantly impact the expediency of construction

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and development. The commissioner shall develop a schedule identifying state and local permits

to migrate to electronic permitting under this section.

     (b) For purposes of this section, “electronic permitting” means use of computer-based tools

and services that automate and streamline the application process to include, but not be limited to,

task-specific tools for: applications; submission of plans; completed checklists and checklist

documents; reports; plan review; permitting; scheduling; project tracking; staff and technical

review committee comments; fee calculation and collection.

     (c) The state building commissioner pursuant to the provisions of § 23-27.3-108.2 may

promulgate rules and regulations to implement the provisions of this section.

     (d) For any category of permit designated to migrate to electronic permitting, the state

agency or local municipality issuing the permit shall charge each applicant an additional one-tenth

of one percent (.01%) of the total application fee for each application submitted. This additional

amount 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 one web-

accessible service and/or system to be utilized by the state and municipalities for the uniform,

statewide electronic submission, review and processing of permit applications as set forth in this

section.

     (e) All acts, requirements, filings, and documents necessary to comply with the permit

process for a category of permits designated by the state builder commissioner to migrate to

electronic permitting shall be conducted by means of electronic permitting according to the

timetable set forth by the commissioner unless granted a further extension at the commissioner’s

discretion.

     (f) The department of business regulation shall reimburse annual fees and costs associated

with compliance with this program in accordance with procedures established by the department.

     (g) All departments, offices, boards and agencies of the state shall cooperate with the state

building commissioner and furnish such administrative and staff support, advice, information,

documents and otherwise, data and data analysis and other support as may be necessary or desirable

to implement this section.

     SECTION 3. This act shall take effect upon passage.

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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 require the state building commissioner to implement electronic permitting

for any category of state or local permit authorized under state law to significantly impact the

expediency of construction and development.

     This act would take effect upon passage.

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