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

     

     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:

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

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Building Code" is hereby amended to read as follows:

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     23-27.3-108.2. Duties of the state building code commissioner.

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

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the duties required by the state building code, chapter 27.3 of this title, and all codes referenced

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therein and adopted thereunder, and all other provisions of the general laws and public laws insofar

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as such powers and duties relate to building codes and building inspection; provided, however, that

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

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

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

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

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otherwise required by this code.

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

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

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ensure consistent enforcement of the code throughout the state.

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     (c) Permit fees. Permit fees for the construction under this chapter shall be established by

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

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

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applicable, shall charge each permit applicant an additional one-tenth percent (0.1%) levy of the

 

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

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the total construction cost for each residential permit issued. The levy shall be limited to a

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maximum of one hundred dollars ($100) one hundred fifty dollars ($150) for each of the permits

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issued for one-, two (2)-, three (3)-, and four (4)-family dwellings. This additional levy shall be

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transmitted monthly to the state building code office; and

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

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

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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

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

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be deposited as general revenues.

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

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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.

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

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

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enterprises and state local building officials.

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     (2) Fees for electronic permitting from other state agencies and cities and towns. The

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local cities and towns and any state agency utilizing an electronic permitting platform, except as

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

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45-23-36.1, 45-24-58.1, 45-53-16, and 46-23-30 as applicable.

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     (d) Electronic permitting.

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

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

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

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

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

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report management

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

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

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

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

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and collections; and workflow and report management.

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     (3) On or before December 1, 2013, the building commissioner shall implement the

 

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standard statewide process for electronic plan review, permit management, and inspection. In

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addition, the building commissioner, through the department of business regulation, shall develop

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

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

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

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submission of building plans and plans for developments and plots; plan review; permitting;

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inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow

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and report management.

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     (4) The building commissioner shall implement the standard statewide process for

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electronic permitting to be utilized pursuant to this section and §§ 23-27.3-115.6, 42-13-10, 42-

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17.1-46, 45-23-36.1, 45-24-58.1, 45-53-16, and 46-23-30. In addition, the building commissioner

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shall develop a technology and implementation plan for a web-accessible service or system to be

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utilized by the state and municipalities for these purposes and shall cause the purchase or lease and

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

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for electronic permitting (“electronic permitting platform”).

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     (e) All electronic permitting fees collected by the state building code office shall be

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remitted to the department of business regulation, which funds shall be used to staff and support

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

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and municipalities for electronic permitting.

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     (f) The building commissioner shall, upon request by any state contractor described in §

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

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

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

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

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

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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,

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45-53-16, and 46-23-30.

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     (h) The building commissioner shall submit, in coordination with the state fire marshal, a

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

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providing the status of the web-accessible service(s) and/or system(s) implementation and any

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

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2024, the building commissioner shall provide the following information:

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     (1) The identity of every municipality and state agencies, as applicable, in full compliance

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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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and 46-23-30 and the rules and regulations promulgated pursuant to the provisions of this section;

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     (2) The identity of every municipality or state agencies, as applicable, failing to fully

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implement and comply with the provisions of §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1,

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45-24-58.1, 45-53-16, and 46-23-30 and/or the rules and regulations promulgated pursuant to the

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

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noncompliance; and

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     (3) Recommendations to achieve compliance by all municipalities or state agencies, as

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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,

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45-53-16, and 46-23-30 and the rules and regulations promulgated pursuant to this section.

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     (i) The building commissioner shall assist with facilitating the goals and objectives set forth

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in § 28-42-84(a)(9).

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

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building code standards committee.

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

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

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

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

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

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     SECTION 2. 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 increase the additional permit fee cap on residential construction that

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supports electronic permitting and residential construction workforce training from one hundred

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dollars ($100) to one hundred fifty dollars ($150).

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     This act would take effect upon passage.

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