2025 -- H 5803

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LC002163

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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 Shekarchi, Casey, Tanzi, Blazejewski, Speakman,
Cotter, Dawson, Stewart, Finkelman, and Hull

     Date Introduced: February 27, 2025

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-27.3-100, 23-27.3-100.1 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:

     23-27.3-100.0. Scope.

     This chapter governs the state building code and the establishment, operation and

maintenance of electronic permitting platforms for state and local permitting.

     23-27.3-100.1. Short title — Applicability.

     This act shall be known as the “Rhode Island state building code” referred to throughout

this chapter as “this code”, which includes a rehabilitation building and fire code for existing

buildings and structures. In accordance with this chapter, this act controls:

     (1) The construction, reconstruction, alteration, repair, demolition, removal, inspection,

issuance, and revocation of permits or licenses, installation of equipment, classification, and

definition of any building or structure, and use or occupancy of all buildings and structure and parts

of them;

     (2) The rehabilitation and maintenance of existing buildings;

     (3) The standards or requirements for materials to be used in connection with buildings and

structures, including but not limited for safety, ingress and egress, energy conservation, and sanitary

conditions;

     (4) The establishment of reasonable fees for the issuance of licenses and permits in

connection with buildings and structures;

     (5) The establishment and maintenance of an electronic permitting platform and regulations

related to the use of the platform for use in all matters related to the applications and review for

state and local building permits, municipal zoning applications, municipal planning applications,

applications and permits for the department of environmental management, applications and

permits for the department of transportation and applications and permits for the coastal resources

management council.

     Except as those matters are otherwise provided for in the general laws or in the rules and

regulations authorized for promulgation under the provisions of this code.

     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. Permit fees for the projects construction under this chapter shall be

established by the committee. The fees shall be deposited as general revenues.

     (d)(1) Building permit fees. The state building official or the local cities and towns, as

applicable, 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

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and municipalities for uniform, statewide electronic plan 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) Fees for electronic permitting from other state agencies and cities and towns. The local

cities and towns and any state agency utilizing the electronic permitting platform, except as set

forth in this section, shall charge each applicant in accordance with §§ 42-13-10, 42-17.1-46, 45-

23-36.1, 45-24-58.1, 45-53-16 and 46-23-47 as applicable.

     (d) Electronic permitting.

     (1) For purposes of this section, "electronic permitting" means the use of computer-based

tools and services through a platform which automates and streamlines the application and permit

process to include, but not be limited to, task-specific tools for applications, submission of plans,

checklists, reports and other documents, reviews, permitting, scheduling, review and project

tracking, comments from staff and committees, fee calculation and collection; and workflow and

report management

     (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 for building permits. 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.

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     (4) The building commissioner, with the assistance of the office of regulatory reform, shall

implement the standard statewide process for electronic permitting to be utilized pursuant to this

section and §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1, 45-53-16 and 46-23-

27. In addition, the building commissioner shall develop a technology and implementation plan for

one standard web-accessible service or system to be utilized by the state and municipalities for

these purposes and shall cause the purchase or lease and operation of one web-accessible service

and/or system to be utilized by the state and municipalities for electronic permitting (“electronic

permitting platform”).

     (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.

     (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.

     (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, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1,

45-53-16, and 46-23-27.

     (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:

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     (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. Section 45-23-36.1 of the General Laws in Chapter 45-23 entitled

"Subdivision of Land" is hereby amended to read as follows:

     45-23-36.1. Electronic permitting.

     (a) On or before October 1, 2025, every municipality in the state shall adopt and implement

the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all

development applications filed under this chapter. 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; certificates of completeness and incompleteness; supplemental submissions; project

tracking; staff and technical review committee comments; fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) 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,

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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 development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) 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.

     SECTION 3. Section 45-24-58.1 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-58.1. Electronic permitting.

     (a) On or before October 1, 2025, every municipality in the state shall adopt and implement

the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all

development applications under this chapter. 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.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) 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 development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) 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.

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     SECTION 4. Section 45-53-16 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

     45-53-16. Electronic permitting.

     (a) On or before October 1, 2025, every municipality in the state shall adopt and implement

the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all

development applications under this chapter. 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.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) 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 development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) 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.

     SECTION 5. Section 23-27.3-100.1.1 of the General Laws in Chapter 23-27.3 entitled

"State Building Code" is hereby repealed.

     23-27.3-100.1.1. Chapter title — Applicability.

     This chapter shall be known as the Rhode Island State Building Code hereinafter referred

to as this code. This chapter shall control:

     (1) The construction, reconstruction, alteration, repair, demolition, removal, inspection,

issuance, and revocation of permits or licenses, installation of equipment, classification and

definition of any building or structure, and use or occupancy of all buildings and structure and parts

thereof;

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     (2) The rehabilitation and maintenance of existing buildings;

     (3) The standards or requirements for materials to be used in connection therewith,

including, but not limited, for safety, ingress and egress, energy conservation, and sanitary

conditions;

     (4) The establishment of reasonable fees for the issuance of licenses and permits in

connection therewith;

     except as such matters are otherwise provided for in the general laws, or in the rules and

regulations authorized for promulgation under the provisions of this code.

     SECTION 6. Chapter 42-13 of the General Laws entitled "Department of Transportation"

is hereby amended by adding thereto the following section:

     42-13-10. Electronic Permitting.

     (a) On or before October 1, 2026, the department of transportation shall adopt and

implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for

all applications filed under this chapter. 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; documents;

reports; plan review; permitting; scheduling; supplemental submissions; project tracking; staff and

committee comments; fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The department of transportation shall charge each applicant an additional one-tenth of

one percent (.001%) of the total application fee for each application submitted. This additional

amount shall be transmitted monthly to the state building office 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 for the uniform, statewide electronic submission, review and processing of applications for

permits and approvals.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     SECTION 7. Chapter 42-17.1 of the General Laws entitled "Department of Environmental

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

     42-17.1-46. Electronic Permitting.

     (a) On or before October 1, 2026, the department of environmental management shall adopt

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and implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize

for all applications filed under this chapter. 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;

documents; reports; plan review; permitting; scheduling; supplemental submissions; project

tracking; staff and committee comments; fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The department of environmental management shall charge each applicant an additional

one-tenth of one percent (.001%) of the total application fee for each application submitted. This

additional amount shall be transmitted monthly to the state building office 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 for the uniform, statewide electronic submission, review and processing of applications for

permits and approvals.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     SECTION 8. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

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

     46-23-27. Electronic Permitting.

     (a) On or before October 1, 2026, the coastal resources management council shall adopt

and implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize

for all applications filed under this chapter. 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;

documents; reports; plan review; permitting; scheduling; supplemental submissions; project

tracking; staff and committee comments; fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

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

     (c) The coastal resources management council shall charge each applicant an additional

one-tenth of one percent (.001%) of the total application fee for each application submitted. This

additional amount shall be transmitted monthly to the state building office and shall be used to staff

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and support the purchase or lease and operation of one web-accessible service and/or system to be

utilized for the uniform, statewide electronic submission, review and processing of applications for

permits and approvals.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) 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.

     SECTION 9. 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 provide for the establishment and operation of an electronic permitting

platform for all state and local permitting.

     This act would take effect upon passage.

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LC002163

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