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RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

Introduced By: Representatives McCauley and Montanaro

Date Introduced : February 3, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-27.3-108.1.5, 23-27.3-108.2.0.1, 23-27.3-109.1.4, 23-27.3-129.0, 23-27.3-129.1 and 23-27.3-700 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby repealed.

{DEL 23-27.3-108.1.5. Inspection and certification -- Specified use groups. -- DEL {DEL The building official may inspect and certify buildings and structures in use groups A, I, R-1, and R-2, according to Table I. No certificate of use and occupancy as specified in this section shall be issued until there shall have been paid to the building department a fee as specified in section 23-27.3-118.0. A copy of the certificate shall be kept posted as specified in section 23-27.3-121.2. DEL}

{DEL 23-27.3-108.2.0.1. Enforcement duties of the state building commissioner under the industrial registration law. -- DEL {DEL (1) {ADD Factory and industrial (F) use group. ADD} The commissioner shall have all of the rights and privileges of the local building official, as provided for in this chapter and section 23-27.3-108.1, to assist him or her in the issuance of notices of violation, inspections, and plan review on all factory and industrial (F) use group buildings and structures which are required to be registered by the department of labor as provided by chapter 19 of title 28. DEL}

{DEL (2) Fees for plan review services provided by the commission shall be utilized to compensate for the necessary staff and operating expenses of the factory and industrial (F) use group monitoring program. DEL}

{DEL (3) Upon completion of the monitoring and plan review approval function of the commission, the owner shall then file for permits with the local building official who shall issue permits, collect fees, and perform all duties as required by the provisions of article I of the state building code. DEL}

{DEL 23-27.3-109.1.4. Accessibility for people with disabilities design criteria. -- DEL {DEL Pursuant to the provisions of section 512.0, the committee shall adopt by rules and regulations the design criteria for making buildings accessible for persons with disabilities. The rules and regulations shall be reasonably consistent with recognized and accepted standards promulgated by national model code and standards organizations, and shall contain provisions for accessible elements and spaces, graphic conventions, and scope of coverage among others. DEL}

{DEL 23-27.3-129.0. Testing and evaluation group.. -- DEL}

{DEL 23-27.3-700. Water closets, faucets, and showerheads -- Installation -- New and existing buildings. -- DEL {DEL (a) All buildings, the construction of which commences on or after July 7, 1989, shall be equipped with water closets using a maximum of 1.6 gallons of water per flushing cycle and/or urinals using a maximum of 1.5 gallons of water per flushing cycle. DEL}

{DEL (b) (1) Commencing September 1, 1990, all cities and towns shall be subject to the provisions of this subsection. The towns of Smithfield, Portsmouth, Middletown, and Newport, however, may impose the use of two (2) piece 1.6 gallon low consumption water closets upon July 7, 1989. These water closets shall be tested in accordance with the approved testing standards of the state building code in effect on April 1, 1989. DEL}

{DEL (2) All two (2) piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of the American society of mechanical engineers (ASME) and the American national standards institute (ANSI) A112.19.2-90 and ASME/ANSI A112.19.6-90. DEL}

{DEL (3) Water outlets and/or adjacent fittings serving lavatories, kitchen sinks and other sinks shall restrict and/or control the flow rate to not more than 2.5 gallons per minute (gpm) (9.47 lpm) at 80 psi. Lavatories in restrooms of public facilities shall be equipped with self-closing faucets having outlet devices which limit the flow rate to a maximum of 0.5 gpm (1.9 lpm) or self-closing metering valves which limit flow to 0.25 gallons (0.951 liters) per cycle. Showerheads shall restrict and/or control the flow rate to not more than 2.5 gpm (9.47 lpm) at 80 psi. All lavatory and sink fittings and showerheads shall be tested in accordance with ASME/ANSI A112.18 1M 1990. DEL}

{DEL (c) (1) Effective March 1, 1991, flushometer water closets for public use having a floor or wall mounted outlet shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90. DEL}

{DEL (2) Except as provided in subsection (d), all other public use water closet types shall also be low consumption toilets which shall use a maximum of 1.6 gallons (6 liters) per flush cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 and all urinals shall use a maximum of 1.0 gallons (3.785 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90. DEL}

{DEL (d) Commencing March 1, 1991, all one piece water closets shall be low consumption toilets which use a maximum of 1.6 gallons (6 liters) per flushing cycle when tested in accordance with the hydraulic performance requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90. DEL}

{DEL (e) The provisions of this section shall apply to all new construction as well as to renovations and replacement in existing structures, after July 7, 1989. In satisfaction of the requirements of this section, the installation of tank type water closets equipped with devices which meet the test requirements of ASME/ANSI A112.19.2-90 and ASME/ANSI A112.19.6-90 shall be permitted. DEL}

{DEL (f) The performance standards of this section shall not apply to fixtures and fittings such as emergency showers, aspirator faucets, and blowout fixtures that, in order to perform a specialized function, cannot meet the standards specified in this section. DEL}

{DEL (g) Based upon the evaluation and analysis of an engineer that the configuration of the building drainage system requires a greater quantity of water to adequately flush the system, an owner may submit engineering documentation to the commissioner for approval. If the documentation is denied, then the owner may appeal the denial to the state board of standards and appeals. DEL}

{DEL (h) No water closet may be sold in the state after March 1, 1991, unless it meets the water use efficiency standards set forth in this section. DEL}

{DEL (i) In the classification of plumbing fixtures, "public" shall apply to every fixture not defined under "private" or "private use", whether that use is restricted or unrestricted; "private" shall apply to fixtures in residences, apartments, condominiums, and to private guest rooms in hotels where the fixtures are intended for the use of an individual. DEL}

SECTION 2. Sections 23-27.3-107.9, 23-27.3-108.1.8, 23-27.3-109.1, 23-27.3-109.2 and 23-27.3-109.3 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-107.9. Relief from personal responsibility. -- The state building commissioner, {ADD the members and staff of the building code standards committee and the board of standards and appeals, ADD} the building official, officer, or employee charged with the enforcement {ADD , administration and/or review ADD} of this code, while acting for the state or a municipality, shall not thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her official duties. Any suit instituted against any {DEL officer DEL} {ADD of the above officers ADD} or {DEL employee DEL} {ADD employees ADD} because of an act performed by him or her in the lawful discharge of his or her duties and under the provisions of this code shall be defended by the legal representative of the state in the case of the {ADD members and staff of the building code standards committee and the board of standards and appeals, and the ADD} building commissioner or his or her agents or by the legal representative of the municipality, in the case of the building official, officer, or employee, until the final determination of the proceedings. In no case shall {ADD members and staff of the building code standards committee and the board of standards and appeals, the ADD} state building commissioner, building official, or any of their subordinates be liable for costs or damages in any action, suit, or proceeding that may be instituted pursuant to the provisions of this code and the {ADD members and staff of the building code standards committee and the board of standards and appeals, the ADD}state building commissioner or his or her agents or an officer of the department of building inspection, acting in good faith and without malice and within the scope of their employment, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his or her official duties in connection therewith.

23-27.3-108.1.8. Reports. -- The building official shall submit the following reports:

(1) To the state building commissioner {ADD , ADD} {DEL on a form approved by the commissioner, DEL} a copy of the building permits activity for each month.

(2) To the chief administrative officer of the municipality, a written statement of all permits and certificates issued, fees collected, inspections made, and notices and orders issued for each year.

(3) To the committee, reports on decisions regarding the matters not covered as specified in section 23-27.3-101.2.2.

(4) To the assessors of the municipality, reports on permits issued as specified in section 23-27.3-114.1.1.

23-27.3-109.1. Committee's rule making authority -- Legislative report -- Legislative committee. -- Committee's rule making authority. -- (a) The committee is empowered to adopt codes and standards, subject to approval pursuant to subsection (c), which shall, in general, conform with nationally reorganized model building codes, model 1 and 2 family dwelling codes, model plumbing codes, model mechanical codes, model electrical codes, model energy codes, handicapped accessibility standards, and other such technical provisions of codes and standards developed to ensure the general public's health, safety, and welfare.

(b) Annually the committee shall submit a report to the general assembly on the codes and standards so adopted and shall provide the following information:

(1) Proposed amendments to the model codes and standards and supporting statement therefor.

(2) (i) A summary of testimony received at public hearings held by the committee, on adoption of the codes and standards.

(ii) The committee, subject to approval pursuant to subsection (c), shall adopt the codes and standards in accordance with the Administrative Procedures Act, chapter 35 of title 42.

(iii) The provisions of the state building code, so adopted, subject to approval pursuant to subsection (c), shall have the force and effect of law upon review and approval of the legislative regulation committee.

(c) (1) There shall be established a legislative regulation committee that shall review, approve, or reject, in total or in part, the state building code regulations proposed by the building code standards committee prior to their being filed with the secretary of state.

(2) The legislative regulation committee shall be comprised of four (4) members of the house of representatives, not more than three (3) from one political party, appointed by the speaker of the house of representatives; and three (3) members of the senate, not more than two (2) from one political party, appointed by the majority leader of the senate.

(3) The committee shall elect from among its members a chairperson and vice chairperson.

(4) Regulations submitted to the committee shall be acted upon within sixty (60) days from the date the regulations are submitted to them by the executive secretary of the building code standards committee.

(5) A majority vote of the committee's members present shall decide all votes. A quorum shall consist of a simple majority.

(6) Members shall retain membership on the committee until replaced by the respective appointing authority or until they are not members of the house from which they were appointed.

(7) The state building commissioner and staff shall assist the committee in its administrative duties and in scheduling meetings. The commissioner shall inform the committee of all proposed regulations prior to submission.

23-27.3-109.2. Accepted engineering practice. -- In the absence of provisions not specifically contained in this code or approved rules, the regulations, specifications, and standards listed in {DEL Appendix B, accepted engineering practice, and Appendix C, accredited material standards, DEL} {ADD the Appendices of the state building code ADD} shall be deemed to represent engineering practice in respect to the material, equipment, system or method of construction therein specified.

23-27.3-109.3. Proposing amendments to rules and regulations. -- Any person may propose amendments of the regulations to this code at any time by using the proper forms. Public hearings shall be held {DEL once annually DEL} or at such {DEL other DEL} times and places as the committee may determine to consider petitions for the amendments. Amendments to the regulations adopted by the committee, subject to approval pursuant to section 23-27.3-109.1, shall be binding upon all cities and towns.

(REFER TO APPENDIX A ATTACHED)

SECTION 3. Sections 23-27.3-111.0, 23-27.3-112.1, 23-27.3-114.7, 23-27.3-117.1, 23-27.3-120.2, 23-27.3-120.6, 23-27.3-121.3, 23-27.3-127.1, 23-27.3-127.1.2, 23-27.3-127.1.4, 23-27.3-127.2, and 23-27.3-127.2.5 of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows:

23-27.3-111.0. {DEL Inspection. -- DEL} {ADD New and altered building and structure -- Inspections. ADD}

23-27.3-112.1. {DEL Official badge. -- DEL}{ADD Official identification card. -- ADD} The committee may adopt {DEL a DEL} {ADD an identification card and/or ADD} badge of office for building officials and their assistants which shall be displayed for the purpose of identification.

23-27.3-114.7. Approval in part. -- When an application and all documents necessary for the issuance of a permit to erect or add to a building or other structure have been filed, as required in section 23-27.3-113.5, and prior to the issuance of the permit, the building official {DEL may at his or her discretion DEL} {ADD shall ADD} issue a special permit for the erection of the foundation {DEL or any other part DEL} of a building or structure {ADD upon the request of the owner, provided satisfactory documentation is provided the building official for said work ADD}. The holder of the special permit may proceed at his or her own risk without assurance that a permit for the entire structure will be granted.

23-27.3-117.1. Lot regulation. -- When a building or structure has been demolished or removed and no building operation has been projected or approved, the vacant lot shall be filled with nonorganic fill, graded and maintained in conformity with adjacent grades. The lot shall be maintained free from the accumulation of rubbish and all other unsafe and hazardous conditions which endanger the health, safety, and welfare of the public; provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property; and necessary retaining walls and fences shall be erected in accordance with the provisions of {DEL Article 13 DEL} {ADD this chapter ADD}.

23-27.3-120.2. Buildings hereafter altered. -- No building or structure hereafter enlarged, extended, or altered to change the use group classification, the fire-grading, the maximum live load capacity, or the occupancy load capacity, in whole or in part, {DEL and no building hereafter altered for which a certificate of use and occupancy has not been heretofore issued, DEL} shall be occupied or used until the certificate shall have been issued by the building official, certifying that the work has been completed in accordance with the provisions of {DEL this code, DEL} the Fire Safety Code (chapters 28.1 -- 28.39 of this title) {DEL , DEL} {ADD and the ADD} approved permits, and {ADD all ADD} of the applicable codes of all for which a permit is required. Any use or occupancy, which was not discontinued during the alterations, shall be discontinued within thirty (30) days after the completion of the alteration unless the required certificate is issued by the building official.

23-27.3-120.6. Contents of certificate. -- The certificate shall certify compliance with the provisions of this code and the purpose for which the building or structure may be used in its several parts, and shall be issued by the building official within ten (10) days after final inspection; provided, that the provisions of the approved permits and of the applicable codes for which permits are required have been met. For use groups H, S, M, F, and B, the certificate of use and occupancy shall specify: the use group, in accordance with the provisions of {DEL Article 2; the fire grading as defined in Article 2 and table 902 DEL} {ADD this chapter ADD}; the maximum live load on all floors as prescribed in {DEL Article 7 DEL} {ADD this chapter ADD}; the occupancy load in the building and all parts thereof as defined in {DEL Article 2 and Article 6 DEL} {ADD this chapter ADD}; and any special stipulations, and conditions of the building permit.

23-27.3-121.3. Furnishing of posted signs. -- All posted signs shall be furnished by the {DEL committee, DEL} {ADD building official, ADD} posted by the owner, and shall be of permanent design; they shall not be removed or defaced and, if lost, removed, or defaced, shall be immediately replaced.

23-27.3-127.1. Committee to serve as a board of standards and appeals. -- (a) The building code standards committee, after the state building code is adopted and promulgated, will serve as a board of standards and appeals. For the purpose of securing for the public the benefits of new developments in the building industry and insuring public health, safety, and welfare, the board shall make or cause to be made investigations, or may accept authenticated reports from recognized authoritative sources on new materials or modes of construction intended for use in the construction of buildings or structures, and shall promulgate the regulations setting forth the conditions under which the materials or modes of constructions may be used. The regulations and amendments thereto shall have the same force and effect as the provisions of the code. The committee shall as a body or as a sub-committee thereof, have the power to sit as a state board of appeals, and in the absence of a local board, to hear appeals from the decision of the local building official. {ADD The state building commissioner shall serve as the secretary of the board of appeals. ADD}

(b) (1) An aggrieved party, as defined in subsections (b)(2)(i) \- (b)(2)(vi) below, may appeal an interpretation, order, requirement, direction, or failure to act by the state building commissioner, charged with the administration or enforcement of this code or any of its rules or regulations, directly to the state building code board of standards and appeals. The appeal shall be filed with the board of appeals within thirty (30) days of the mailing or posting of the interpretation, order, requirement, direction, or failure to act.

(2) An aggrieved party shall be defined as follows:

(i) An owner of the building or structure which is subject to any interpretation, order, direction, or failure to act by a local building official, state building commissioner, or a local board of appeal's decision or failure to act.

(ii) Property owners within two hundred feet (200') of the property lines of a building or structure which is the subject of any appeal.

(iii) The state building commissioner relative to any interpretation, order, requirement, direction, or failure to act by the local building official.

(iv) Any person, corporation, or other legal entity served with a notice of violation by the building official or the state building commissioner.

(v) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination in violation of the accessibility for persons with disabilities provisions of this code, or organization chartered for the purpose of safeguarding rights of persons with disabilities, provided that the state building commissioner has certified that the building plans are in violation of this code, the Americans with Disability Act, 42 U.S.C. section 12101 et seq., provisions or the Federal Fair Housing Act, 42 U.S.C. section 3601 et seq.

(vi) Any person who has reasonable grounds for believing that he or she is about to be subject to discrimination, or organization chartered for the purpose of safeguarding rights of persons with disabilities, as a result of an appeal to the code's provisions {ADD relating to ADD} {DEL of section 512.0,DEL} persons with disabilities{ADD.ADD} {DELand aged. DEL}

23-27.3-127.1.2. Granting variance. -- The board of standards and appeals may vary the application of any provision of this code to any particular case when in the opinion of the board, the enforcement of this code would do manifest injustice; provided, that the board finds that the decision to grant a variance, or modification will not conflict with the general objectives of this code. {ADD The board of standards and appeals may further grant blanket variances from the application of any provision of this code when, in the opinion of the board, such provisions have either been rendered obsolete or impose an unanticipated hardship upon the general public, and the board finds that the decision to grant a blanket variance will not conflict with the general objectives of this code. Said blanket variance shall be effective until the next code adoption process of the committee. ADD}

23-27.3-127.1.4. Procedures -- Record of variances. -- (a) Upon receipt of an appeal, the secretary of the board of standards and appeals shall appoint a panel of not less than {DEL five (5) DEL} {ADD nine (9) ADD} members of the board to hear the appeal. {DEL One shall be an architect. Two (2) shall be professional engineers. One shall be a building official not from the municipality from which the appeal is taken. One shall be a builder or superintendent of building construction. DEL} {ADD A majority of said panel shall constitute a quorum. ADD}

(b) The board shall fix a day for hearing on the appeal and shall give reasonable notice thereof to the aggrieved party and the property owners within two hundred feet (200') of subject property line when, in the board's discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the state building commissioner and shall be open to public inspection.

(c) An aggrieved party may file an appeal for a variance to the board by certified mail, and a hearing date shall be set by the board within thirty (30) days of filing. A copy of the decision of the board shall be mailed to the aggrieved party and the local board of appeal from which the appeal has been taken not later than {DEL ten (10) DEL} {ADD thirty (30) ADD} days following the date of the hearing. Failure to render a decision within {DEL ten (10) DEL} {ADD thirty (30) ADD} days shall not affect the validity of the decision or appeal.

(d) Application for appeal must be accompanied by three (3) copies of the required plans for review by the state building commission and the state board of standards and appeal. When available, a copy of the local board of appeals hearing transcript shall also be filed. When the board of appeals deems it necessary, the aggrieved party shall also provide a radius map indicating the adversely affected neighboring properties and a list of names and addresses of the properties.

(e) The local board of appeals shall submit to the state board of standards and appeals a copy of its decision.

(f) Any aggrieved party affected by any ruling of the state board of standards and appeals may appeal to the {DEL superior court in the county where the building or structure has been or is being constructed DEL} {ADD sixth division district court ADD} within {DEL ten (10) DEL} {ADD thirty (30) ADD} days from the mailing to the local board of appeals and owner.

(g) (1) The appellant and the city or town involved in the original appeal to the board of standards and appeals shall remain as the parties in interest in any appeal to the {DEL superior court DEL} {ADD sixth division district court ADD}. In the instance where a town or city does not have a legally constituted board of appeal and the state board is acting in accordance with section 23-27.3-127.1, the parties in interest in any appeal to the {DEL superior court DEL} {ADD sixth division district court ADD} shall remain the original appellant. An appeal from a decision of the board of standards and appeals shall be instituted by the aggrieved party's filing a complaint in the {DEL superior court DEL} {ADD sixth division district court ADD} in the county where the building or structure is located, and the complaint shall be served upon the opposing party in the manner prescribed by applicable procedural rules. The state board of standards and appeals shall not be a party to the appeal and shall not be served with the complaint.

(2) The filing of the complaint does not itself stay enforcement of the board's decision, but the board may grant, or the reviewing court may order, a stay upon appropriate terms.

(3) Once an appeal has been filed, the {DEL superior DEL} {ADD sixth division district ADD} court shall conduct its judicial review of the appeal in accordance with section 42-35-15(d), (e), (f), and (g), and subsequent review by the supreme court shall be in accordance with section 42-35-16.

(h) Upon the filing of an appeal to the {DEL superior DEL} {ADD sixth division district ADD} court, the appellant shall notify the board of appeal in writing of the appeal, and the board shall within thirty (30) days after the receipt of the notice, transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. Any parties unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. The cost of transcribing the record shall be paid by the appellant.

23-27.3-127.2. Local board of appeals. -- (a) A board of appeals shall be appointed by each municipality. The board shall consist of {ADD the following ADD} five (5) members {DEL , all of whom shall meet the qualifications set forth in section 23-27.3-127.1.4, except that a member of the general public may be substituted for the building official. DEL} {ADD : one (1) shall be an architect; two (2) shall be professional engineers; one (1) shall be a builder or superintendent of construction; and one (1) shall be a member of the general public. ADD} A member of a board of appeals of one municipality may also be a member of a board of appeals of another municipality. An aggrieved party as defined in section 23-27.3-127.1(b)(2)(i) -- (b)(2)(vi) may appeal an interpretation, order, requirement, direction, or failure to act under this code by a local official of a city or town charged with the administration or enforcement of this code of any of its rules and regulations, to the local board in that city or town.

(b) If there is no local board and an appeal is filed with the state board of appeals in accordance with section 23-27.3-127.1, all stenographic costs of the appeal shall be reimbursed to the budget account of the board by the municipality.

23-27.3-127.2.5. Procedures. -- (a) When the building official refuses to issue a building permit in whole or in part, or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of this code and regulations have been misconstrued or wrongly interpreted, within thirty (30) days the owner of the building or structure, whether erected or to be erected, the owner's authorized agent, or other aggrieved party may make an application for an appeal in writing from the decision of the building official to the local board of appeal.

(b) Upon receipt of the application for an appeal, the chairperson or secretary of the board of appeal shall appoint a panel of not less than three (3) members of the board to hear each appeal.

(c) Applications filed at least twenty-five (25) days, including Saturdays, Sundays, and legal holidays, prior to the monthly meeting of the board will be advertised for public hearing at the next scheduled meeting. Appeals affecting {DEL section 512.0, persons with disabilities and aged, DEL} {ADD the disability regulations of the state building code ADD} shall cite the provisions in the advertisements. A copy of the application for appeal to the {ADD disability ADD} provisions {DEL of section 512.0 DEL} shall be sent to the state building commissioner. Unless the appeal is continued, a copy of the decision of the board shall be mailed to the owner, the aggrieved party, and to the building official from whom the appeal has been taken not later than ten (10) days following the date of the hearing.

(d) Applications for appeal must be accompanied by two (2) copies of the required plans for review by the building official and the board of appeals.

(e) The building official shall submit to the board of appeals a notice identifying the reason for the refusal to issue a permit and the code provisions being disputed.

(f) Any aggrieved party affected by the decision of the local board may appeal to the state board of standards and appeals within twenty (20) days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals.

SECTION 4. This act shall take effect upon passage.