2026 -- H 8019 | |
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LC005835 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE | |
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Introduced By: Representative Joseph M. McNamara | |
Date Introduced: February 27, 2026 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State |
2 | Building Code" is hereby amended to read as follows: |
3 | 23-27.3-108.2. Duties of the state building code commissioner. |
4 | (a) The state building code commissioner shall have the authority to enforce and perform |
5 | the duties required by the state building code, chapter 27.3 of this title, and all codes referenced |
6 | therein and adopted thereunder, and all other provisions of the general laws and public laws insofar |
7 | as such powers and duties relate to building codes and building inspection; provided, however, that |
8 | for the purposes of this section structures constituting tents and/or membrane frame structures as |
9 | defined in this state building code and any regulations promulgated hereunder shall be subject to |
10 | an annual certification process to be established by the state building commissioner in conjunction |
11 | with the state fire marshal and shall not be subject to recurring permit and fee requirements as |
12 | otherwise required by this code. |
13 | (b) The state building code commissioner shall work to standardize building code |
14 | interpretations across the state with input from the Rhode Island League of Cities and Towns and |
15 | ensure consistent enforcement of the code throughout the state. |
16 | (c) Permit fees. Permit fees for the construction under this chapter shall be established by |
17 | the committee. The fees shall be deposited as general revenues. |
18 | (1) Building permit fees. The state building official or the local cites and towns, as |
19 | applicable, shall charge each permit applicant an additional one-tenth percent (0.1%) levy of the |
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1 | total construction cost for each commercial permit issued, and two-tenths percent (0.2%) levy of |
2 | the total construction cost for each residential permit issued. The levy shall be limited to a |
3 | maximum of one hundred dollars ($100) one hundred fifty dollars ($150) for each of the permits |
4 | issued for one-, two (2)-, three (3)-, and four (4)-family dwellings. This additional levy shall be |
5 | transmitted monthly to the state building code office; and |
6 | (i) Fifty percent (50%) of this additional levy on residential permits and one hundred |
7 | percent (100%) of this additional levy on commercial permits shall be used to staff and support the |
8 | purchase or lease and operation of a web-accessible service and/or system to be utilized by the state |
9 | and municipalities for uniform, statewide electronic plan review, permit management, and |
10 | inspection system and other programs described in this chapter. This portion of the fee levy shall |
11 | be deposited as general revenues. |
12 | (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to |
13 | the department of labor and training and shall be deposited into the contractor training restricted |
14 | receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. |
15 | Subject to appropriation by the general assembly, these funds shall be used to provide residential |
16 | contractor training grants for programs that shall include, but are not limited to, minority business |
17 | enterprises and state local building officials. |
18 | (2) Fees for electronic permitting from other state agencies and cities and towns. The |
19 | local cities and towns and any state agency utilizing an electronic permitting platform, except as |
20 | set forth in this section, shall charge each applicant in accordance with §§ 42-13-10, 42-17.1-46, |
21 | 45-23-36.1, 45-24-58.1, 45-53-16, and 46-23-30 as applicable. |
22 | (d) Electronic permitting. |
23 | (1) For purposes of this section, “electronic permitting” means the use of computer-based |
24 | tools and services through a platform which automates and streamlines the application and permit |
25 | process to include, but not be limited to, task-specific tools for applications, submission of plans, |
26 | checklists, reports and other documents, reviews, permitting, scheduling, review and project |
27 | tracking, comments from staff and committees, fee calculation and collection; and workflow and |
28 | report management |
29 | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide |
30 | process for electronic plan review, permit management, and inspection. The process shall include, |
31 | but not be limited to: applications; submission of building plans and plans for developments and |
32 | plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation |
33 | and collections; and workflow and report management. |
34 | (3) On or before December 1, 2013, the building commissioner shall implement the |
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1 | standard statewide process for electronic plan review, permit management, and inspection. In |
2 | addition, the building commissioner, through the department of business regulation, shall develop |
3 | a technology and implementation plan for a standard web-accessible service or system to be utilized |
4 | by the state and municipalities for uniform, statewide electronic plan review, permit management, |
5 | and inspection for building permits. The plan shall include, but not be limited to: applications; |
6 | submission of building plans and plans for developments and plots; plan review; permitting; |
7 | inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow |
8 | and report management. |
9 | (4) The building commissioner shall implement the standard statewide process for |
10 | electronic permitting to be utilized pursuant to this section and §§ 23-27.3-115.6, 42-13-10, 42- |
11 | 17.1-46, 45-23-36.1, 45-24-58.1, 45-53-16, and 46-23-30. In addition, the building commissioner |
12 | shall develop a technology and implementation plan for a web-accessible service or system to be |
13 | utilized by the state and municipalities for these purposes and shall cause the purchase or lease and |
14 | operation of a web-accessible service and/or system to be utilized by the state and municipalities |
15 | for electronic permitting (“electronic permitting platform”). |
16 | (e) All electronic permitting fees collected by the state building code office shall be |
17 | remitted to the department of business regulation, which funds shall be used to staff and support |
18 | the purchase or lease and operation of a web-accessible service or system to be utilized by the state |
19 | and municipalities for electronic permitting. |
20 | (f) The building commissioner shall, upon request by any state contractor described in § |
21 | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state |
22 | controller that the payment conditions contained in § 37-2-38.1 have been met. |
23 | (g) The building commissioner shall coordinate the development and implementation of |
24 | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before |
25 | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement |
26 | 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, |
27 | 45-53-16, and 46-23-30. |
28 | (h) The building commissioner shall submit, in coordination with the state fire marshal, a |
29 | report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, |
30 | providing the status of the web-accessible service(s) and/or system(s) implementation and any |
31 | recommendations for process or system improvement. In every report submitted on or after April, |
32 | 2024, the building commissioner shall provide the following information: |
33 | (1) The identity of every municipality and state agencies, as applicable, in full compliance |
34 | with the provisions of §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1, 45-53-16, |
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1 | and 46-23-30 and the rules and regulations promulgated pursuant to the provisions of this section; |
2 | (2) The identity of every municipality or state agencies, as applicable, failing to fully |
3 | implement and comply with the provisions of §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, |
4 | 45-24-58.1, 45-53-16, and 46-23-30 and/or the rules and regulations promulgated pursuant to the |
5 | provisions of this section, and the nature, extent, and basis or reason for the failure or |
6 | noncompliance; and |
7 | (3) Recommendations to achieve compliance by all municipalities or state agencies, as |
8 | applicable, with the provisions of §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1, |
9 | 45-53-16, and 46-23-30 and the rules and regulations promulgated pursuant to this section. |
10 | (i) The building commissioner shall assist with facilitating the goals and objectives set forth |
11 | in § 28-42-84(a)(9). |
12 | (j) The state building code commissioner shall serve as the executive secretary to the state |
13 | building code standards committee. |
14 | (k) In addition to the state building code commissioner’s other duties as set forth in this |
15 | chapter, and notwithstanding the same, the state building code commissioner and the |
16 | commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the |
17 | state building code in a municipality where there is no local building official or alternate as detailed |
18 | in § 23-27.3-107.2, or where there are no local building inspectors. |
19 | SECTION 2. This act shall take effect upon passage. |
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LC005835 | |
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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 increase the additional permit fee cap on residential construction that |
2 | supports electronic permitting and residential construction workforce training from one hundred |
3 | dollars ($100) to one hundred fifty dollars ($150). |
4 | This act would take effect upon passage. |
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LC005835 | |
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