2026 -- H 7563 | |
======== | |
LC003617 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- THE DEVELOPMENT REVIEW EFFICIENCY | |
ACT | |
| |
Introduced By: Representatives Quattrocchi, Fascia, Nardone, Santucci, Perez, Place, | |
Date Introduced: February 06, 2026 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 22.5 |
4 | THE DEVELOPMENT REVIEW EFFICIENCY ACT |
5 | 45-22.5-1. Short title. |
6 | This act shall be known and may be cited as “The Development Review Efficiency Act.” |
7 | 45-22.5-2. Purpose. |
8 | The purpose of this chapter is to facilitate speedier and more efficient development while |
9 | ensuring public safety, by authorizing licensed or certified third parties to certify documents and |
10 | inspect buildings in compliance with applicable building and other codes. |
11 | 45-22.5-3. Definitions. |
12 | For the purposes of this section: |
13 | (1) “Development document” means a document, to include a building plan, site plan, or |
14 | an application for a building permit, relating to improvements to land required by state or local law |
15 | or regulation or by a regulatory authority to initiate, engage in, or complete an improvement, but |
16 | does not include applications or documents for zoning or planning approvals. |
17 | (2) “Building inspection” means the inspection of an improvement to land required by a |
18 | regulatory authority as part of a project to develop or improve real estate pursuant to the provisions |
| |
1 | of § 23-27.3-111.2. |
2 | (3) “Building permit” means a permit required by a regulatory authority to construct or |
3 | improve or complete an improvement to real estate as required pursuant to § 23-27.3-113.1. |
4 | (4) “Independent provider” means a person licensed or certified as a building code |
5 | administrator, engineer, or architect. |
6 | (5) “Regulatory authority” means a department, board, commission, or other entity of the |
7 | State of Rhode Island or of the political subdivision responsible for processing or approving |
8 | development documents and building permits or conducting building inspections. |
9 | 45-22.5-4. Allowance for use of independent providers. |
10 | (a) Notwithstanding any law, rule, or regulation, the fee owner of land or a building or |
11 | structure, or the fee owner’s contractor upon written authorization from the fee owner, may contract |
12 | with an independent provider to review development documents or provide building inspections |
13 | with regard to the land, building, or structure, and may make payment directly to the independent |
14 | provider for the provision of the services. |
15 | (b) The fee owner or fee owner’s contractor shall not have an ownership stake in the |
16 | independent provider, and the independent provider shall not provide legal counsel to the fee owner |
17 | or fee owner’s contractor. |
18 | (c) If a fee owner or contractor retains an independent provider for the purposes of |
19 | reviewing development documents or providing building inspections, the regulatory authority shall |
20 | reduce the fee charged for the services by the amount of cost savings realized by the regulatory |
21 | authority. |
22 | (d)(1) An independent provider shall only review development documents or provide |
23 | building inspections if the independent provider maintains insurance for professional liability |
24 | covering all services performed as an independent provider, unless the regulatory authority waives |
25 | or modifies the insurance requirement of subsection (d)(2) of this section. |
26 | (2) Unless waived or modified by the regulatory authority, the independent provider shall |
27 | maintain minimum policy limits of one million dollars ($1,000,000) per occurrence and two million |
28 | dollars ($2,000,000) in the aggregate for any project with a construction cost of five million dollars |
29 | ($5,000,000) or less and two million dollars ($2,000,000) per occurrence and four million dollars |
30 | ($4,000,000) in the aggregate for any project with a construction cost of over five million dollars |
31 | ($5,000,000). |
32 | (e) Before any development document reviews or building inspections are performed, the |
33 | fee owner or the fee owner’s contractor shall provide to the regulatory authority: |
34 | (1) The name, firm, address, telephone number, and e-mail address of each independent |
| LC003617 - Page 2 of 7 |
1 | provider who is performing, or will perform, such services, his or her professional license or |
2 | certification number, qualification statements or résumés, and, unless the regulatory authority |
3 | waives insurance coverage, a certificate of insurance demonstrating that professional liability- |
4 | insurance coverage is in place for the independent provider’s firm in the amounts required by |
5 | subsection (b)(2) of this section and the list of any lots or structures that the independent provider |
6 | assist on, along with the scheduled dates. |
7 | (2) The following acknowledgment: |
8 | "By executing this form, I acknowledge that I have made inquiry regarding the competence |
9 | of the licensed or certified independent provider and the level of his/her insurance and am satisfied |
10 | that my interests are adequately protected. I agree to indemnify, defend, and hold harmless any |
11 | regulatory authority from any and all claims arising from my use of these licensed or certified |
12 | personnel to provide development documents reviews and building inspections with respect to the |
13 | building or structure that is the subject of the enclosed application." |
14 | (f) If an owner or an owner’s contractor contracts with an independent provider to review |
15 | development documents or provide building inspections, the regulatory authority shall provide |
16 | equal access to all permitting and inspection documents and reports to the independent provider, |
17 | owner, or contractor that would be provided to regulatory authority personnel in completing |
18 | development documents or building inspections. |
19 | (g) If such access is normally provided by software that protects exempt records from |
20 | disclosure, the regulatory authority shall provide requested permitting or inspection documents and |
21 | reports to the independent provider, owner, or contractor within two (2) business days of a request |
22 | in electronic format. |
23 | 45-22.5-5. Qualifications and requirements for independent providers for building |
24 | inspections. |
25 | (a) An independent provider may only provide building inspections that are within the |
26 | disciplines covered by that person’s licensure or; |
27 | (b) Each regulatory authority may audit the performance of independent providers |
28 | operating within their jurisdiction and demand the owner or owner’s contractor to be present during |
29 | the times of requested building inspections by the independent provider, although the fact or |
30 | findings of the audit shall not be given to the independent provider. |
31 | (1) Audits may be conducted only after the regulatory authority has created a formal audit |
32 | evaluation. The regulatory authority may, upon clear and convincing evidence, decide that an |
33 | independent provider has been negligent in providing building inspections and suspend the |
34 | independent provider for not more than one year. |
| LC003617 - Page 3 of 7 |
1 | (2) An independent provider may be audited no more than four (4) times in a month, unless |
2 | the regulatory authority determines that the condition of a building constitutes an immediate threat |
3 | to public safety and welfare. |
4 | (3) Work may not be delayed for the completion of an audit by the regulatory authority. |
5 | (c) If an independent provider is providing building inspections, upon completion of all |
6 | required inspections, the independent provider shall submit to the regulatory authority a certificate |
7 | of compliance summarizing the inspections performed in accordance with the approved plans and |
8 | applicable codes. |
9 | (d) No more than seven (7) business days, or, if the independent provider is inspecting |
10 | single-family or two (2) family dwellings, no more than three (3) business days, after the receipt of |
11 | the certificate of compliance with all necessary inspections, and after the payment of all outstanding |
12 | required fees, a certificate of occupancy or completion shall be issued by the regulatory authority, |
13 | or the regulatory authority shall provide a notice to the independent provider of any specific |
14 | deficiencies in the certificate of compliance, with reference to specific code chapters and if the |
15 | regulatory authority does not issue the certificate of occupancy or completion or provide notice |
16 | within the required number of days, the certificate of occupancy or completion is considered |
17 | granted as a matter of law and shall be issued the next business day. |
18 | (e) Notwithstanding any provision of this section, any decisions regarding a building |
19 | inspection, certificate of occupancy, completion, or the suspension of an independent provider by |
20 | a regulatory authority after an audit, may be appealed to the Rhode Island building code standards |
21 | commission, which shall adjudicate the dispute. |
22 | 45-22.5-6. Requirements for reviews of development documents and permits. |
23 | (a) An independent provider performing reviews of development documents under this |
24 | chapter shall review them to determine compliance with the provisions of this chapter. Upon |
25 | determining compliance, the independent provider shall prepare an affidavit or affidavits certifying |
26 | that the documents were reviewed pursuant to this chapter, that the documents meet all applicable |
27 | codes, and that he or she holds the appropriate license or certificate. The affidavit should be |
28 | submitted to the regulatory authority. |
29 | (b) No more than ten (10) business days after receipt of a development document or |
30 | application for a building permit, the regulatory authority shall approve such document or provide |
31 | a written notice to the applicant identifying the specific features that do not comply with the |
32 | applicable codes, as well as the specific code chapters. If no written notice of the document or |
33 | permit deficiencies is provided within the ten (10) business days, the document or permit shall be |
34 | deemed approved as a matter of law, and any necessary permit or permits shall be issued by the |
| LC003617 - Page 4 of 7 |
1 | regulatory authority on the next business day. |
2 | (c) If the applicant submits revisions, the regulatory authority has the remainder of the |
3 | tolled ten (10) business days plus one business day from the date of resubmittal to approve the |
4 | development documents, issue the requested building permit, or provide a second written notice to |
5 | the permit applicant stating which of the previously identified documents or permit features remain |
6 | in noncompliance with the applicable codes, with specific reference to the relevant code chapters |
7 | and sections. If the regulatory authority does not provide the second written notice within the tolling |
8 | ten (10) business days, plus one additional business day, the development document or building |
9 | permit shall be deemed approved as a matter of law, and any necessary permits shall be issued by |
10 | the regulatory authority on the next business day. |
11 | (d) Notwithstanding any provision of this chapter, any decisions regarding the issuance of |
12 | a development document or building permit by a regulatory authority may be appealed to the Rhode |
13 | Island building code standards commission, which shall adjudicate the dispute. |
14 | 45-22.5-7. Limits on regulatory authorities. |
15 | (a) A regulatory authority may not adopt or enforce any laws, rules, procedures, policies, |
16 | qualifications, or standards regarding independent providers more restrictive than those prescribed |
17 | by this chapter. |
18 | (b) This section shall not be construed to limit or deny the authority of the regulatory |
19 | authority to issue a stop-work order for a building project or any portion of the project, as provided |
20 | by law, if the regulatory authority determines that a condition on the building site constitutes an |
21 | immediate threat to public safety and welfare. |
22 | (c) If an applicant believes that the regulatory authority or the Rhode Island building code |
23 | standards commission has interpreted existing ordinances, codes, and laws in error, or any of the |
24 | following: |
25 | (1) Rejected a certificate of compliance; |
26 | (2) Rejected a development document in error; |
27 | (3) Has not provided a sufficient reduction in fees due to cost-savings resulting from the |
28 | use of an independent provider; |
29 | (4) Refused to issue any valid building permit; or |
30 | (5) Suspended an independent provider from performing building inspections in their |
31 | jurisdiction in error, an independent provider, owner, or owner’s contractor may file an action in a |
32 | court of competent jurisdiction seeking a determination that the inspection or document or permit |
33 | complies with all relevant requirements, and may petition the court for an order requiring the |
34 | regulatory authority to accept the document or inspection and issue any necessary building permits |
| LC003617 - Page 5 of 7 |
1 | or certificate of occupancy or completion. |
2 | 45-22.5-8. Severability. |
3 | The provisions of this chapter are severable. If any provision of this chapter or the |
4 | application of such provision to any person or circumstance is declared or held to be invalid for any |
5 | reason, such declaration or holding shall not affect the validity of the remaining portions of this |
6 | chapter and the application of its provisions to any other persons or circumstances. |
7 | SECTION 2. This act shall take effect sixty (60) days after passage. |
======== | |
LC003617 | |
======== | |
| LC003617 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- THE DEVELOPMENT REVIEW EFFICIENCY | |
ACT | |
*** | |
1 | This act would allow property owners or their contractors to hire licensed third-party |
2 | professionals to review development documents and perform building inspections. It would |
3 | establish standards, timelines, fee reductions, and appeal rights to streamline permitting and |
4 | inspections and improve efficiency in the development review process. |
5 | This act would take effect sixty (60) days after passage. |
======== | |
LC003617 | |
======== | |
| LC003617 - Page 7 of 7 |