Introduced By: Senator Breene
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-27.3-100.1, 23-27.3-100.1.4, 23-27.3-102.0, 23-27.3-106.0, and 23-27.3-106.5 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:
23-27.3-100.1. Short title -- Applicability. --
{DEL These regulations DEL} {ADD This act ADD} shall be known
as the Rhode Island State Building Code hereinafter referred to
as this code. In accordance with this chapter, {DEL these regulations DEL}
{ADD this act ADD} 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;
(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.
23-27.3-100.1.4. Appointment and qualifications of the committee.
-- (a) The building code standards committee shall be
composed of twenty-five (25) members, residents of the state;
{DEL twenty-two (22) DEL} {ADD twenty three (23) ADD} of whom
shall be appointed by the governor with the advice and consent
of the senate. {DEL Seven (7) DEL} {ADD Eight (8) ADD} members
are to be appointed for terms of one year each, seven (7) for
a term of two (2) years each, and eight (8) for terms of three
(3) years each. Annually, thereafter, the governor, with the advice
and consent of the senate, shall appoint members to the committee
to succeed those whose terms expired; the members to serve for
terms of three (3) years each and until their successors are appointed
and qualified. Two (2) members shall be architects registered
in the state; three (3) shall be professional engineers registered
in the state, one specializing in mechanical, one specializing
in structural, and one specializing in electrical engineering;
one landscape architect, registered in the state, one full-time
certified electrical inspector; two (2) shall be builders or superintendents
of building construction; one shall be a public health official;
one shall be a qualified fire code official; two (2) shall be
from the Rhode Island building trades council; one shall be a
holder of Class "A" electrician's license; one shall
be a master plumber; two (2) shall be from the general public;
three (3) shall be building officials in office, one from a municipality
with a population of sixty thousand (60,000) persons or more,
one from a municipality with a population of over twenty thousand
(20,000) persons but less than sixty thousand (60,000), and one
from a municipality with a population of less than twenty thousand
(20,000) persons; one shall be a member of the state senate, appointed
by the majority leader, and one shall be a member of the house
of representative, appointed by the speaker, and one shall be
a minimum housing official in office from one of the local municipalities.
Within thirty (30) days of May 25, 1988, the governor shall appoint,
with the advice and consent of the senate, two (2) residents of
the state who shall be persons with disabilities as defined in
section 28-5-6(9), one of whom shall be appointed for a term of
one year, and one of whom shall be appointed for a term of two
(2) years. Within thirty (30) days of May 25, 1988, the governor
shall appoint, with the advice and consent of the senate, one
landscape architect in the state who shall be appointed for a
term of three (3) years.
(b) All members, except members of the state senate and the members of the house of representatives shall have no less than five (5) years practical experience in his or her profession or business. The committee shall elect its own chairperson, and adopt rules and regulations for procedure. The state building commissioner shall serve as the executive secretary to the committee. The committee shall have the power, within the limits of appropriations provided therefor, to employ such assistance as may be necessary to conduct business.
The state housing and property maintenance code subcommittee shall
be composed of nine (9) members, residents of the state. Five
(5) of these members are to be current members of the state building
code standards committee and are to be appointed by that committee.
The four (4) remaining members are to be appointed by the governor,
with the advice and consent of the senate. The four (4) appointed
by the governor, with the advice and consent of the senate, shall
initially be appointed on a staggered term basis, one for one
year, one for two (2) years, and two (2) for three (3) years.
Annually thereafter, the building code standards committee, and
the governor, with the advice and consent of the senate, shall
appoint the subcommittee members, for which they are respectively
responsible, to succeed those whose terms have expired; the members
to serve for terms of three (3) years each and until their successors
are appointed and qualified. Of the members appointed by the committee
one shall be a full-time certified electrical inspector; one shall
be a master plumber and mechanical equipment expert, one shall
be a builder or superintendent of building construction, one member
shall be a qualified state fire code official, one shall be a
property manager, and one shall be a current minimum housing official
from a local municipality. The four (4) members to be appointed
by the governor, with the advice and consent of the senate, shall
all be current minimum housing officials from local municipalities.
One shall be from a municipality with a population of sixty thousand
(60,000) persons or more, {DEL one DEL} {ADD two (2) ADD}
from {DEL a municipality DEL} {ADD municipalities ADD} with
a population of over twenty thousand (20,000) persons but less
than sixty thousand (60,000), and one from a municipality with
a population of less than twenty thousand (20,000) persons.
23-27.3-102.0. Ordinary repairs. -- {DEL Ordinary
repairs to buildings and structures may be made without application
or notice to the building official, but the repairs shall not
include the installation of any siding, the cutting away of any
wall, partition or portion thereof, the removal or cutting of
any structural beam or bearing support, or the removal or change
of any required means of egress, or rearrangement of parts of
a structure affecting the exitway requirements; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation
of any standard pipe, water supply, sewer, drainage, drain leader,
gas, soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health, safety, and welfare, and
shall comply with the rules and regulations or ordinances of the
municipality as to the procurement of a permit for the repairs. DEL}
{ADD Ordinary repairs to buildings and structures may be made without
application or notice to the building official, but the repairs
shall not include: ADD}
{ADD (1) the installation of any siding; ADD}
{ADD (2) the cutting away of any wall, partition or portion thereof; ADD}
{ADD (3) the removal or cutting away of any structural beam or bearing support; ADD}
{ADD (4) the removal or change of any required means of egress; ADD}
{ADD (5) rearrangement of parts of a structure affecting the exitway requirements; ADD}
{ADD (6) alteration of, replacement or relocation of any standard pipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping; ADD}
{ADD (7) electric wiring; ADD}
{ADD (8) mechanical or other work which affects public health, safety or welfare. ADD}
{ADD All such work not classified as ordinary repair and shall comply with the rules and regulations or ordinances of the municipality as to the procurement of a permit for the aforementioned repairs. ADD}
23-27.3-106.0. Existing structures. -- (a) (1) Except
as provided in this section, existing buildings or structures
when altered or repaired as specified in this section shall be
made to conform to the full requirements of this code. See {DEL Articles DEL}
{ADD chapter ADD} 2 through {DEL 32 DEL} {ADD 34 ADD} of regulation
SBC-1 for new buildings.
(2) The alternative procedures of SBC-1, {DEL article 32 DEL}
{ADD chapter 34 ADD}, entitled Repair, Alteration, Addition to, and
Change of Use of Existing Buildings, may be used in lieu of the
provisions of this section for all existing buildings in which
there is work involving repairs, alterations, additions, or changes
of use and occupancy.
(b) In order to determine the percentage between the costs for alterations and repairs and the physical value of the building or structure, the building official shall exclude the alteration and repair cost of the following items:
(1) All nonpermit items such as painting, decorating, landscaping, fees, and the like.
(2) All electrical, mechanical, plumbing, and equipment systems.
(c) (1) Renovations or alterations to buildings or structures which utilize electric resistance heating as the replacement energy source of heat or air conditioning shall comply with the energy conservation provisions for new buildings. Provided, however, that individual through-wall-air-conditioning units are not included in this exception.
(2) Alternative energy systems, as allowed in the energy conservation provisions, may utilize electric resistance heating and, through the performance approach, not be required to comply with the new code provisions or energy conservation.
(d) All projects {ADD which are ADD} subject to the provisions {DEL of
Regulation SBC-8, DEL} {ADD for ADD}Construction in Flood Hazard
Areas, when calculating a substantial improvement will not utilize
the more liberal provisions allowed by subsections (a)(2), (b)(1)
and (2). Also the definition of physical value of a building subject
to {DEL Regulation SBC-8 DEL} {ADD construction in a Flood
Hazard area ADD}shall be based upon market value {ADD of the structure
as determined by a qualified appraiser or estimator ADD} and not
current replacement value as defined in section 23-27.3-106.5.
23-27.3-106.5. Physical value. -- In applying the
provisions of sections 23-27.3-106.0 -- 23-27.3-106.5, physical
value of the building or structure shall be based on the current
replacement value. Replacement value may be established by the
building official using {DEL the BOCA DEL} {ADD a model code ADD}
cost index for the use group and type of construction, or the
owner shall provide the {ADD market or ADD} replacement value of
the building or structure prior to alteration, as established
by a qualified appraiser or estimator.
SECTION 2. This act shall take effect upon passage.
