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5 | 5 | | 2023 -- S 0594 |
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7 | 7 | | LC001677 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
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16 | 16 | | Introduced By: Senators Ujifusa, Felag, Lauria, Gu, DiMario, Murray, Valverde, |
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17 | 17 | | Kallman, Tikoian, and Britto |
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18 | 18 | | Date Introduced: March 07, 2023 |
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19 | 19 | | Referred To: Senate Housing & Municipal Government |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State 1 |
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24 | 24 | | Building Code" is hereby amended to read as follows: 2 |
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25 | 25 | | 23-27.3-108.2. State building commissioner’s duties. 3 |
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26 | 26 | | (a) This code shall be enforced by the state building commissioner as to any structures or 4 |
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27 | 27 | | buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction 5 |
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28 | 28 | | of the state or any of its departments, commissions, agencies, or authorities established by an act 6 |
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29 | 29 | | of the general assembly, and as to any structures or buildings or parts thereof that are built upon 7 |
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30 | 30 | | any land owned by or under the jurisdiction of the state.; provided, however, that with regard to 8 |
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31 | 31 | | any structures or buildings or parts thereof that are constructed or owned by a municipality upon 9 |
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32 | 32 | | any land owned by or under the jurisdiction of the state, then this code shall be enforced by the 10 |
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33 | 33 | | local municipal building official, and any permitting fees shall be remitted to the local municipality. 11 |
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34 | 34 | | (b) Permit fees for the projects shall be established by the committee. The fees shall be 12 |
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35 | 35 | | deposited as general revenues. 13 |
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36 | 36 | | (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) 14 |
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37 | 37 | | percent levy of the total construction cost for each permit issued. The levy shall be limited to a 15 |
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38 | 38 | | maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2) 16 |
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39 | 39 | | dwellings. This additional levy shall be transmitted monthly to the state building office at the 17 |
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40 | 40 | | department of business regulation, and shall be used to staff and support the purchase or lease and 18 |
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41 | 41 | | operation of a web-accessible service and/or system to be utilized by the state and municipalities 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001677 - Page 2 of 4 |
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45 | 45 | | for uniform, statewide electronic plan review, permit management, and inspection system and other 1 |
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46 | 46 | | programs described in this chapter. The fee levy shall be deposited as general revenues. 2 |
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47 | 47 | | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 3 |
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48 | 48 | | process for electronic plan review, permit management, and inspection. The process shall include, 4 |
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49 | 49 | | but not be limited to: applications; submission of building plans and plans for developments and 5 |
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50 | 50 | | plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation 6 |
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51 | 51 | | and collections; and workflow and report management. 7 |
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52 | 52 | | (3) On or before December 1, 2013, the building commissioner, with the assistance of the 8 |
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53 | 53 | | office of regulatory reform, shall implement the standard statewide process for electronic plan 9 |
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54 | 54 | | review, permit management, and inspection. In addition, the building commissioner shall develop 10 |
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55 | 55 | | a technology and implementation plan for a standard web-accessible service or system to be utilized 11 |
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56 | 56 | | by the state and municipalities for uniform, statewide electronic plan review, permit management, 12 |
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57 | 57 | | and inspection. The plan shall include, but not be limited to: applications; submission of building 13 |
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58 | 58 | | plans and plans for developments and plots; plan review; permitting; inspections; inspection 14 |
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59 | 59 | | scheduling; project tracking; fee calculation and collections; and workflow and report management. 15 |
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60 | 60 | | (d) The building commissioner shall, upon request by any state contractor described in § 16 |
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61 | 61 | | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state 17 |
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62 | 62 | | controller that the payment conditions contained in § 37-2-38.1 have been met. 18 |
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63 | 63 | | (e) The building commissioner shall coordinate the development and implementation of 19 |
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64 | 64 | | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before 20 |
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65 | 65 | | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement 21 |
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66 | 66 | | the provisions of this section and § 23-27.3-115.6. 22 |
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67 | 67 | | (f) The building commissioner shall submit, in coordination with the state fire marshal, a 23 |
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68 | 68 | | report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, 24 |
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69 | 69 | | providing the status of the web-accessible service and/or system implementation and any 25 |
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70 | 70 | | recommendations for process or system improvement. In every report submitted on or after April, 26 |
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71 | 71 | | 2024, the building commissioner shall provide the following information: 27 |
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72 | 72 | | (1) The identity of every municipality in full compliance with the provisions § 23-27.3-28 |
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73 | 73 | | 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; 29 |
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74 | 74 | | (2) The identity of every municipality failing to fully implement and comply with the 30 |
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75 | 75 | | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the 31 |
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76 | 76 | | provisions of this section, and the nature, extent, and basis or reason for the failure or 32 |
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77 | 77 | | noncompliance; and 33 |
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78 | 78 | | (3) Recommendations to achieve compliance by all municipalities with the provisions of § 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001677 - Page 3 of 4 |
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82 | 82 | | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. 1 |
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83 | 83 | | (g) The building commissioner shall assist with facilitating the goals and objectives set 2 |
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84 | 84 | | forth in § 28-42-84(a)(9). 3 |
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85 | 85 | | SECTION 2. This act shall take effect upon passage and shall apply retroactively to January 4 |
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86 | 86 | | 1, 2022. 5 |
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87 | 87 | | ======== |
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88 | 88 | | LC001677 |
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89 | 89 | | ======== |
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90 | 90 | | |
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91 | 91 | | |
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92 | 92 | | LC001677 - Page 4 of 4 |
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93 | 93 | | EXPLANATION |
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94 | 94 | | BY THE LEGISLATIVE COUNCIL |
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95 | 95 | | OF |
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96 | 96 | | A N A C T |
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97 | 97 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
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98 | 98 | | *** |
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99 | 99 | | This act would amend the state building code by providing that with regard to any 1 |
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100 | 100 | | structures or buildings or parts thereof that are constructed or owned by a municipality upon any 2 |
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101 | 101 | | land owned by or under the jurisdiction of the state, then the state building code would be enforced 3 |
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102 | 102 | | by the local municipal building official, and any permitting fees would be remitted to the local 4 |
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103 | 103 | | municipality. 5 |
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104 | 104 | | This act would take effect upon passage and would apply retroactively to January 1, 2022. 6 |
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105 | 105 | | ======== |
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106 | 106 | | LC001677 |
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