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Rhode Island House Bill H5100

Rhode Island 2025 Regular Session

Rhode Island House Bill H5100 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE --
1616 ADMINISTRATION AND ENFORCEMENT
1717 Introduced By: Representatives Shekarchi, Blazejewski, Kazarian, Ackerman, Alzate,
1818 Morales, Serpa, Kennedy, Giraldo, and Voas
1919 Date Introduced: January 22, 2025
2020 Referred To: House Municipal Government & Housing
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby 1
2525 amended by adding thereto the following section: 2
2626 23-27.3-101.2. Matters not covered. 3
2727 SAVE Units, as defined in § 45-24-31, are exempt from provisions of this code, except as 4
2828 to those requirements set forth in § 23-27.3-111.0. 5
2929 SECTION 2. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby 6
3030 amended by adding thereto the following section: 7
3131 23-27.3-111.0. SAVE Units -- Requirements. 8
3232 (a) SAVE Units as defined in § 45-24-31, that are provided as a permitted use pursuant to 9
3333 § 45-24-37, or as part of a municipality's exercise of limited emergency authority pursuant to § 45-10
3434 24-78, shall be allowed under this code; provided that, the unit: 11
35-(1) Is confirmed by the state fire marshal, where applicable, or local fire marshal, and a 12
36-state building official, to comply with the following: 13
35+(1) Is confirmed by the state fire marshal and/or a state building official or both, to comply 12
36+with the following: 13
3737 (i) Standard requirements to qualify as a SAVE Unit shall include: 14
3838 (A) Climate control; 15
3939 (B) A locking door; 16
40-(C) Hardwired smoke detectors or sealed battery-operated smoke alarm(s) and hardwired 17
41-carbon monoxide detectors or sealed battery-operated carbon monoxide alarm(s), as such terms are 18
40+(C) Hardwired smoke and carbon monoxide detectors; 17
41+(D) A fire extinguisher; 18
4242
4343
44-LC000705/SUB A - Page 2 of 17
45-defined by the National Fire Protection Association (“NFPA”) 72; 1
46-(D) A two- and one-half pound (2.5 lb.) ABC fire extinguisher; 2
47-(E) An egress window or secondary emergency egress door; 3
48-(F) The unit meets at least class C fire rating of the International Building Code; and 4
49-(2) Size requirement. Each unit shall have an interior floor area of not less than seventy 5
50-square feet (70 sq. ft.) for one occupant; when more than one person occupies the unit, the required 6
51-floor area shall be increased at the rate of fifty square feet (50 sq. ft.) for each occupant in excess 7
52-of one; and the total interior floor area shall not exceed four hundred square feet (400 sq. ft.); and 8
53-(3) Live loads requirement. SAVE Units shall be designed to resist intrusion of wind, rain, 9
54-and snow and to support the following live loads: 10
55-(i) Floor live loads of not less than forty pounds (40 lbs.) per square foot of floor area; 11
56-(ii) Horizontal live loads of not less than fifteen pounds (15 lbs.) per square foot of vertical 12
57-wall and roof area; 13
58-(iii) Roof live loads of not less than twenty pounds (20 lbs.) per square foot of horizontal 14
59-roof area; 15
60-(iv) In areas where snow loads are greater than twenty pounds (20 lbs.) per square foot, the 16
61-roof shall be designed and constructed to resist these additional loads; 17
62-(v) The units shall have adequate anchorage to address these loads; and 18
63-(4) Ceiling height requirement. Habitable space shall have a ceiling height of not less than 19
64-eighty inches (80") and obstructions shall not extend below these minimum ceiling heights; and 20
65-(5) Egress window requirement. The egress window shall: 21
66-(i) Not be more than forty-four inches (44") above the floor; 22
67-(ii) Have a minimum net clear opening height of twenty-four inches (24"); 23
68-(iii) Have a minimum net clear opening width of twenty inches (20"); and 24
69-(iv) Have a minimum net clear opening area of five square feet (5 sq. ft.); and 25
70-(6) Plumbing and gas service requirement. If a SAVE Unit contains plumbing or gas 26
71-service it shall comply with all applicable requirements of the building and fire codes for plumbing 27
72-and gas service; and 28
73-(7) Electrical requirement. SAVE Units shall be provided with all of the following installed 29
74-in compliance with the applicable provisions of the electrical code: 30
75-(i) A continuous source of electricity, except that the source may be an emergency 31
76-generator or renewable source of power; 32
77-(ii) A minimum of one interior light fixture with a battery backup; 33
78-(iii) Electrical heating equipment listed for residential use and a dedicated receptacle outlet 34
44+LC000705 - Page 2 of 17
45+(E) An egress window or secondary emergency egress door; 1
46+(F) The unit meets at least class C fire rating of the International Building Code; and 2
47+(2) Size requirement. Each unit shall have an interior floor area of not less than seventy 3
48+square feet (70 sq. ft.) for one occupant; when more than one person occupies the unit, the required 4
49+floor area shall be increased at the rate of fifty square feet (50 sq. ft.) for each occupant in excess 5
50+of one; and the total interior floor area shall not exceed four hundred square feet (400 sq. ft.); and 6
51+(3) Live loads requirement. SAVE Units shall be designed to resist intrusion of wind, rain, 7
52+and snow and to support the following live loads: 8
53+(i) Floor live loads of not less than forty pounds (40 lbs.) per square foot of floor area; 9
54+(ii) Horizontal live loads of not less than fifteen pounds (15 lbs.) per square foot of vertical 10
55+wall and roof area; 11
56+(iii) Roof live loads of not less than twenty pounds (20 lbs.) per square foot of horizontal 12
57+roof area; 13
58+(iv) In areas where snow loads are greater than twenty pounds (20 lbs.) per square foot, the 14
59+roof shall be designed and constructed to resist these additional loads; and 15
60+(4) Ceiling height requirement. Habitable space shall have a ceiling height of not less than 16
61+eighty inches (80") and obstructions shall not extend below these minimum ceiling heights; and 17
62+(5) Egress window requirement. The egress window shall: 18
63+(i) Not be more than forty-four inches (44") above the floor; 19
64+(ii) Have a minimum net clear opening height of twenty-four inches (24"); 20
65+(iii) Have a minimum net clear opening width of twenty inches (20"); and 21
66+(iv) Have a minimum net clear opening area of five square feet (5 sq. ft.); and 22
67+(6) Plumbing and gas service requirement. If a SAVE Unit contains plumbing or gas 23
68+service it shall comply with all applicable requirements of the building and fire codes for plumbing 24
69+and gas service; and 25
70+(7) Electrical requirement. SAVE Units shall be provided with all of the following installed 26
71+in compliance with the applicable provisions of the electrical code: 27
72+(i) A continuous source of electricity, except that the source may be an emergency 28
73+generator or renewable source of power; 29
74+(ii) A minimum of one interior light fixture; 30
75+(iii) Electrical heating equipment listed for residential use and a dedicated receptacle outlet 31
76+for the electrical heating equipment, unless a nonelectrical source of heating is provided; and 32
77+(iv) At least one GFCI-protected receptacle outlet for use by the occupant(s); and 33
78+(8) Ventilation requirement. SAVE Units shall be provided with means of ventilation 34
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8080
81-LC000705/SUB A - Page 3 of 17
82-for the electrical heating equipment, unless a nonelectrical source of heating is provided; and 1
83-(iv) At least one GFCI-protected receptacle outlet for use by the occupant(s); and 2
84-(8) Ventilation requirement. SAVE Units shall be provided with means of ventilation 3
85-(natural or mechanical) allowing for air replacement; and 4
86-(9) Accessory units such as bathrooms shall comply with the construction requirements for 5
87-a SAVE Unit or shall be considered a self-contained facility; and 6
88-(10) Separation requirement. The SAVE Unit, when part of a community of SAVE Units, 7
89-has a minimum separation between other SAVE Units of greater than ten feet (10'). 8
90-SECTION 3. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled 9
91-"Comprehensive Fire Safety Act" is hereby amended to read as follows: 10
92-23-28.1-6. Applicability to new or existing structures. 11
93-(a) All regulations contained in this code apply to all structures unless specifically 12
94-exempted. Prior to a building permit, other than a foundation permit, being issued, all plans for 13
95-buildings regulated under this code shall be submitted to the authority having jurisdiction. The 14
96-authority having jurisdiction shall approve or disapprove the completed set of plans within a 15
97-reasonable time not to exceed fifteen (15) days for fire alarm, smoke detection and/or carbon 16
98-monoxide detector plans. The authority having jurisdiction shall further approve or disapprove a 17
99-completed set of plans, covering any other project, within the specific time lines recommended by 18
100-the state fire marshal, and established on or before October 15, 2010 within the rules and regulations 19
101-of the state fire safety code board. In no case shall the authority having jurisdictional review of a 20
102-completed set of plans exceed ninety (90) days to complete that review without the express written 21
103-approval of the state fire marshal. The failure of an authority having jurisdiction to comply within 22
104-the timelines established pursuant to this section, may result in the issuance of a building permit. 23
105-The above examination of plans may be waived by the authority having jurisdiction when the plans 24
106-for the erection or alteration of a building are prepared by a professional engineer or architect, 25
107-licensed and/or registered by the State of Rhode Island, and the professional engineer or architect 26
108-has stated in a written, signed and stamped document, that he or she has supervised the preparation 27
109-of the applicable architectural, structural, electrical, mechanical, fire alarm and/or sprinkler design 28
110-contract documents, and that he or she will review and approve all working drawings for 29
111-construction, conduct on-site supervision of the construction process throughout the project, and 30
112-that the project shall, to the best of his or her knowledge conform to all provisions of the fire safety 31
113-code, and all rules and regulations, formal interpretations and blanket variances adopted under its 32
114-provisions. When a change of use or type of occupancy is made in an existing building, the building 33
115-shall conform to the requirements established by the rehabilitation building and fire code for 34
81+LC000705 - Page 3 of 17
82+(natural or mechanical) allowing for adequate air replacement; and 1
83+(9) Accessory units such as bathrooms shall comply with the applicable code provisions 2
84+for electrical, mechanical, plumbing, and gas service and shall contain climate control, a locking 3
85+door, hardwired smoke and carbon monoxide detectors, a fire extinguisher, an egress window or 4
86+secondary emergency egress door, adequate ventilation, meets at least class C fire rating of the 5
87+International Building Code; shall have a minimum height of not less than seventy-six inches (76") 6
88+and obstructions shall not extend below these minimum ceiling heights; and 7
89+(10) Separation requirement. The SAVE Unit, when part of a community of SAVE Units, 8
90+has a minimum separation between other SAVE Units of at least ten feet (10'). 9
91+SECTION 3. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled 10
92+"Comprehensive Fire Safety Act" is hereby amended to read as follows: 11
93+23-28.1-6. Applicability to new or existing structures. 12
94+(a) All regulations contained in this code apply to all structures unless specifically 13
95+exempted. Prior to a building permit, other than a foundation permit, being issued, all plans for 14
96+buildings regulated under this code shall be submitted to the authority having jurisdiction. The 15
97+authority having jurisdiction shall approve or disapprove the completed set of plans within a 16
98+reasonable time not to exceed fifteen (15) days for fire alarm, smoke detection and/or carbon 17
99+monoxide detector plans. The authority having jurisdiction shall further approve or disapprove a 18
100+completed set of plans, covering any other project, within the specific time lines recommended by 19
101+the state fire marshal, and established on or before October 15, 2010 within the rules and regulations 20
102+of the state fire safety code board. In no case shall the authority having jurisdictional review of a 21
103+completed set of plans exceed ninety (90) days to complete that review without the express written 22
104+approval of the state fire marshal. The failure of an authority having jurisdiction to comply within 23
105+the timelines established pursuant to this section, may result in the issuance of a building permit. 24
106+The above examination of plans may be waived by the authority having jurisdiction when the plans 25
107+for the erection or alteration of a building are prepared by a professional engineer or architect, 26
108+licensed and/or registered by the State of Rhode Island, and the professional engineer or architect 27
109+has stated in a written, signed and stamped document, that he or she has supervised the preparation 28
110+of the applicable architectural, structural, electrical, mechanical, fire alarm and/or sprinkler design 29
111+contract documents, and that he or she will review and approve all working drawings for 30
112+construction, conduct on-site supervision of the construction process throughout the project, and 31
113+that the project shall, to the best of his or her knowledge conform to all provisions of the fire safety 32
114+code, and all rules and regulations, formal interpretations and blanket variances adopted under its 33
115+provisions. When a change of use or type of occupancy is made in an existing building, the building 34
116116
117117
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119-existing buildings and structures, or if the rehabilitation building and fire code for existing 1
120-structures is not applicable, to the requirements for new structures as related to the proposed use or 2
121-type of occupancy. 3
122-(b) In existing structures, since it is not always practical or efficient to strictly apply all of 4
123-the provisions of the code, the authority having jurisdiction shall have the power to implement and 5
124-enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and the Life 6
125-Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent with such 7
126-rules and regulations as may be adopted and such decisions as may be rendered by the Fire Safety 8
127-Code Board of Appeal and Review. 9
128-(c) Application of the code to new and existing structures shall be consistent with such 10
129-blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of 11
130-Appeal and Review, and such modifications as may be issued in writing by the authority having 12
131-jurisdiction, in accordance with NFPA 101, with annexes. 13
132-(d) Specific exemptions. SAVE Units as defined in § 45-24-31 and permitted pursuant to 14
133-§ 23-27.3-111.0, whether currently available or to be provided in the future, that are allowed 15
134-pursuant to § 45-24-37, or on an emergency basis as set forth in § 45-24-78, are exempt from the 16
135-provisions of this chapter as well as related codes and regulations promulgated and enforced under 17
136-this chapter. 18
137-SECTION 4. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 19
138-entitled "Zoning Ordinances" are hereby amended to read as follows: 20
139-45-24-31. Definitions. 21
140-Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they 22
141-have the meanings stated in that section. In addition, the following words have the following 23
142-meanings. Additional words and phrases may be used in developing local ordinances under this 24
143-chapter; however, the words and phrases defined in this section are controlling in all local 25
144-ordinances created under this chapter: 26
145-(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 27
146-no intervening land. 28
147-(2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the 29
148-principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An 30
149-ADU provides complete independent living facilities for one or more persons. It may take various 31
150-forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, 32
151-such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. 33
152-(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 34
118+LC000705 - Page 4 of 17
119+shall conform to the requirements established by the rehabilitation building and fire code for 1
120+existing buildings and structures, or if the rehabilitation building and fire code for existing 2
121+structures is not applicable, to the requirements for new structures as related to the proposed use or 3
122+type of occupancy. 4
123+(b) In existing structures, since it is not always practical or efficient to strictly apply all of 5
124+the provisions of the code, the authority having jurisdiction shall have the power to implement and 6
125+enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and the Life 7
126+Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent with such 8
127+rules and regulations as may be adopted and such decisions as may be rendered by the Fire Safety 9
128+Code Board of Appeal and Review. 10
129+(c) Application of the code to new and existing structures shall be consistent with such 11
130+blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of 12
131+Appeal and Review, and such modifications as may be issued in writing by the authority having 13
132+jurisdiction, in accordance with NFPA 101, with annexes. 14
133+(d) Specific exemptions. SAVE Units as defined in § 45-24-31 and permitted pursuant to 15
134+§ 23-27.3-111.0, whether currently available or to be provided in the future, that are allowed 16
135+pursuant to § 45-24-37, or on an emergency basis as set forth in § 45-24-78, are exempt from the 17
136+provisions of this chapter as well as related codes and regulations promulgated and enforced under 18
137+this chapter. 19
138+SECTION 4. Sections 45-24-31 and 45-24-37 of the General Laws in Chapter 45-24 20
139+entitled "Zoning Ordinances" are hereby amended to read as follows: 21
140+45-24-31. Definitions. 22
141+Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they 23
142+have the meanings stated in that section. In addition, the following words have the following 24
143+meanings. Additional words and phrases may be used in developing local ordinances under this 25
144+chapter; however, the words and phrases defined in this section are controlling in all local 26
145+ordinances created under this chapter: 27
146+(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 28
147+no intervening land. 29
148+(2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the 30
149+principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An 31
150+ADU provides complete independent living facilities for one or more persons. It may take various 32
151+forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, 33
152+such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. 34
153153
154154
155-LC000705/SUB A - Page 5 of 17
156-and subordinate to the principal use of the land or building. An accessory use may be restricted to 1
157-the same lot as the principal use. An accessory use shall not be permitted without the principal use 2
158-to which it is related. 3
159-(4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. 4
160-(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 5
161-(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 6
162-or its property will be injured by a decision of any officer or agency responsible for administering 7
163-the zoning ordinance of a city or town; or 8
164-(ii) Anyone requiring notice pursuant to this chapter. 9
165-(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 10
166-(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 11
167-(8) Applicant. An owner, or authorized agent of the owner, submitting an application or 12
168-appealing an action of any official, board, or agency. 13
169-(9) Application. The completed form, or forms, and all accompanying documents, exhibits, 14
170-and fees required of an applicant by an approving authority for development review, approval, or 15
171-permitting purposes. 16
172-(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 17
173-screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 18
174-(11) Building. Any structure used or intended for supporting or sheltering any use or 19
175-occupancy. 20
176-(12) Building envelope. The three-dimensional space within which a structure is permitted 21
177-to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 22
178-and bulk; by other regulations; or by any combination thereof. 23
179-(13) Building height. For a vacant parcel of land, building height shall be measured from 24
180-the average, existing-grade elevation where the foundation of the structure is proposed. For an 25
181-existing structure, building height shall be measured from average grade taken from the outermost 26
182-four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 27
183-of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 28
184-chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 29
185-area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 30
186-Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 31
187-(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 32
188-storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 33
189-height calculation: 34
155+LC000705 - Page 5 of 17
156+(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 1
157+and subordinate to the principal use of the land or building. An accessory use may be restricted to 2
158+the same lot as the principal use. An accessory use shall not be permitted without the principal use 3
159+to which it is related. 4
160+(4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. 5
161+(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 6
162+(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 7
163+or its property will be injured by a decision of any officer or agency responsible for administering 8
164+the zoning ordinance of a city or town; or 9
165+(ii) Anyone requiring notice pursuant to this chapter. 10
166+(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 11
167+(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 12
168+(8) Applicant. An owner, or authorized agent of the owner, submitting an application or 13
169+appealing an action of any official, board, or agency. 14
170+(9) Application. The completed form, or forms, and all accompanying documents, exhibits, 15
171+and fees required of an applicant by an approving authority for development review, approval, or 16
172+permitting purposes. 17
173+(10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 18
174+screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 19
175+(11) Building. Any structure used or intended for supporting or sheltering any use or 20
176+occupancy. 21
177+(12) Building envelope. The three-dimensional space within which a structure is permitted 22
178+to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 23
179+and bulk; by other regulations; or by any combination thereof. 24
180+(13) Building height. For a vacant parcel of land, building height shall be measured from 25
181+the average, existing-grade elevation where the foundation of the structure is proposed. For an 26
182+existing structure, building height shall be measured from average grade taken from the outermost 27
183+four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 28
184+of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 29
185+chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 30
186+area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 31
187+Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 32
188+(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 33
189+storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 34
190190
191191
192-LC000705/SUB A - Page 6 of 17
193-(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 1
194-proposed freeboard, less the average existing grade elevation; or 2
195-(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 3
196-one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 4
197-the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 5
198-otherwise necessary. 6
199-(14) Cluster. A site-planning technique that concentrates buildings in specific areas on the 7
200-site to allow the remaining land to be used for recreation, common open space, and/or preservation 8
201-of environmentally, historically, culturally, or other sensitive features and/or structures. The 9
202-techniques used to concentrate buildings shall be specified in the ordinance and may include, but 10
203-are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 11
204-resultant open land being devoted by deed restrictions for one or more uses. Under cluster 12
205-development, there is no increase in the number of lots that would be permitted under conventional 13
206-development except where ordinance provisions include incentive bonuses for certain types or 14
207-conditions of development. 15
208-(15) Common ownership. Either: 16
209-(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 17
210-or more contiguous lots; or 18
211-(ii) Ownership by any association (ownership may also include a municipality) of one or 19
212-more lots under specific development techniques. 20
213-(16) Community residence. A home or residential facility where children and/or adults 21
214-reside in a family setting and may or may not receive supervised care. This does not include halfway 22
215-houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 23
216-following: 24
217-(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 25
218-disability reside in any type of residence in the community, as licensed by the state pursuant to 26
219-chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 27
220-residences; 28
221-(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 29
222-with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 30
223-(iii) A residence for children providing care or supervision, or both, to not more than eight 31
224-(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 32
225-title 42; 33
226-(iv) A community transitional residence providing care or assistance, or both, to no more 34
192+LC000705 - Page 6 of 17
193+height calculation: 1
194+(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 2
195+proposed freeboard, less the average existing grade elevation; or 3
196+(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 4
197+one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 5
198+the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 6
199+otherwise necessary. 7
200+(14) Cluster. A site-planning technique that concentrates buildings in specific areas on the 8
201+site to allow the remaining land to be used for recreation, common open space, and/or preservation 9
202+of environmentally, historically, culturally, or other sensitive features and/or structures. The 10
203+techniques used to concentrate buildings shall be specified in the ordinance and may include, but 11
204+are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 12
205+resultant open land being devoted by deed restrictions for one or more uses. Under cluster 13
206+development, there is no increase in the number of lots that would be permitted under conventional 14
207+development except where ordinance provisions include incentive bonuses for certain types or 15
208+conditions of development. 16
209+(15) Common ownership. Either: 17
210+(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 18
211+or more contiguous lots; or 19
212+(ii) Ownership by any association (ownership may also include a municipality) of one or 20
213+more lots under specific development techniques. 21
214+(16) Community residence. A home or residential facility where children and/or adults 22
215+reside in a family setting and may or may not receive supervised care. This does not include halfway 23
216+houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 24
217+following: 25
218+(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 26
219+disability reside in any type of residence in the community, as licensed by the state pursuant to 27
220+chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 28
221+residences; 29
222+(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 30
223+with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 31
224+(iii) A residence for children providing care or supervision, or both, to not more than eight 32
225+(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 33
226+title 42; 34
227227
228228
229-LC000705/SUB A - Page 7 of 17
230-than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 1
231-persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 2
232-abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 3
233-more than two (2) years. Residents will have access to, and use of, all common areas, including 4
234-eating areas and living rooms, and will receive appropriate social services for the purpose of 5
235-fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 6
236-(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 7
237-chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 8
238-compliance. 9
239-(18) Day care — Daycare center. Any other daycare center that is not a family daycare 10
240-home. 11
241-(19) Day care — Family daycare home. Any home, other than the individual’s home, in 12
242-which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 13
243-individuals who are not relatives of the caregiver, but may not contain more than a total of eight 14
244-(8) individuals receiving day care. 15
245-(20) Density, residential. The number of dwelling units per unit of land. 16
246-(21) Development. The construction, reconstruction, conversion, structural alteration, 17
247-relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 18
248-or any change in use, or alteration or extension of the use, of land. 19
249-(22) Development plan review. See §§ 45-23-32 and 45-23-50. 20
250-(23) District. See “zoning use district.” 21
251-(24) Drainage system. A system for the removal of water from land by drains, grading, or 22
252-other appropriate means. These techniques may include runoff controls to minimize erosion and 23
253-sedimentation during and after construction or development; the means for preserving surface and 24
254-groundwaters; and the prevention and/or alleviation of flooding. 25
255-(25) Dwelling unit. A structure, or portion of a structure, providing complete, independent 26
256-living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 27
257-cooking, and sanitation, and containing a separate means of ingress and egress. 28
258-(26) Extractive industry. The extraction of minerals, including: solids, such as coal and 29
259-ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 30
260-quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 31
261-preparation customarily done at the extraction site or as a part of the extractive activity. 32
262-(27) Family member. A person, or persons, related by blood, marriage, or other legal 33
263-means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 34
229+LC000705 - Page 7 of 17
230+(iv) A community transitional residence providing care or assistance, or both, to no more 1
231+than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 2
232+persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 3
233+abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 4
234+more than two (2) years. Residents will have access to, and use of, all common areas, including 5
235+eating areas and living rooms, and will receive appropriate social services for the purpose of 6
236+fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 7
237+(17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 8
238+chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 9
239+compliance. 10
240+(18) Day care — Daycare center. Any other daycare center that is not a family daycare 11
241+home. 12
242+(19) Day care — Family daycare home. Any home, other than the individual’s home, in 13
243+which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 14
244+individuals who are not relatives of the caregiver, but may not contain more than a total of eight 15
245+(8) individuals receiving day care. 16
246+(20) Density, residential. The number of dwelling units per unit of land. 17
247+(21) Development. The construction, reconstruction, conversion, structural alteration, 18
248+relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 19
249+or any change in use, or alteration or extension of the use, of land. 20
250+(22) Development plan review. See §§ 45-23-32 and 45-23-50. 21
251+(23) District. See “zoning use district.” 22
252+(24) Drainage system. A system for the removal of water from land by drains, grading, or 23
253+other appropriate means. These techniques may include runoff controls to minimize erosion and 24
254+sedimentation during and after construction or development; the means for preserving surface and 25
255+groundwaters; and the prevention and/or alleviation of flooding. 26
256+(25) Dwelling unit. A structure, or portion of a structure, providing complete, independent 27
257+living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 28
258+cooking, and sanitation, and containing a separate means of ingress and egress. 29
259+(26) Extractive industry. The extraction of minerals, including: solids, such as coal and 30
260+ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 31
261+quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 32
262+preparation customarily done at the extraction site or as a part of the extractive activity. 33
263+(27) Family member. A person, or persons, related by blood, marriage, or other legal 34
264264
265265
266-LC000705/SUB A - Page 8 of 17
267-grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 1
268-(28) Floating zone. An unmapped zoning district adopted within the ordinance that is 2
269-established on the zoning map only when an application for development, meeting the zone 3
270-requirements, is approved. 4
271-(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 5
272-(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 6
273-flood hazard area for purposes of floodplain management. Freeboard compensates for the many 7
274-unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 8
275-the hydrological effect of urbanization of the watershed. 9
276-(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 10
277-(32) Halfway house. A residential facility for adults or children who have been 11
278-institutionalized for criminal conduct and who require a group setting to facilitate the transition to 12
279-a functional member of society. 13
280-(33) Hardship. See § 45-24-41. 14
281-(34) Historic district or historic site. As defined in § 45-22.2-4. 15
282-(35) Home occupation. Any activity customarily carried out for gain by a resident, 16
283-conducted as an accessory use in the resident’s dwelling unit. 17
284-(36) Household. One or more persons living together in a single-dwelling unit, with 18
285-common access to, and common use of, all living and eating areas and all areas and facilities for 19
286-the preparation and storage of food within the dwelling unit. The term “household unit” is 20
287-synonymous with the term “dwelling unit” for determining the number of units allowed within any 21
288-structure on any lot in a zoning district. An individual household shall consist of any one of the 22
289-following: 23
290-(i) A family, which may also include servants and employees living with the family; or 24
291-(ii) A person or group of unrelated persons living together. The maximum number may be 25
292-set by local ordinance, but this maximum shall not be less than one person per bedroom and shall 26
293-not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to 27
294-NARR-certified recovery residences. 28
295-(37) Incentive zoning. The process whereby the local authority may grant additional 29
296-development capacity in exchange for the developer’s provision of a public benefit or amenity as 30
297-specified in local ordinances. 31
298-(38) Infrastructure. Facilities and services needed to sustain residential, commercial, 32
299-industrial, institutional, and other activities. 33
300-(39) Land development project. As defined in § 45-23-32. 34
266+LC000705 - Page 8 of 17
267+means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 1
268+grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 2
269+(28) Floating zone. An unmapped zoning district adopted within the ordinance that is 3
270+established on the zoning map only when an application for development, meeting the zone 4
271+requirements, is approved. 5
272+(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 6
273+(30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 7
274+flood hazard area for purposes of floodplain management. Freeboard compensates for the many 8
275+unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 9
276+the hydrological effect of urbanization of the watershed. 10
277+(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 11
278+(32) Halfway house. A residential facility for adults or children who have been 12
279+institutionalized for criminal conduct and who require a group setting to facilitate the transition to 13
280+a functional member of society. 14
281+(33) Hardship. See § 45-24-41. 15
282+(34) Historic district or historic site. As defined in § 45-22.2-4. 16
283+(35) Home occupation. Any activity customarily carried out for gain by a resident, 17
284+conducted as an accessory use in the resident’s dwelling unit. 18
285+(36) Household. One or more persons living together in a single-dwelling unit, with 19
286+common access to, and common use of, all living and eating areas and all areas and facilities for 20
287+the preparation and storage of food within the dwelling unit. The term “household unit” is 21
288+synonymous with the term “dwelling unit” for determining the number of units allowed within any 22
289+structure on any lot in a zoning district. An individual household shall consist of any one of the 23
290+following: 24
291+(i) A family, which may also include servants and employees living with the family; or 25
292+(ii) A person or group of unrelated persons living together. The maximum number may be 26
293+set by local ordinance, but this maximum shall not be less than one person per bedroom and shall 27
294+not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to 28
295+NARR-certified recovery residences. 29
296+(37) Incentive zoning. The process whereby the local authority may grant additional 30
297+development capacity in exchange for the developer’s provision of a public benefit or amenity as 31
298+specified in local ordinances. 32
299+(38) Infrastructure. Facilities and services needed to sustain residential, commercial, 33
300+industrial, institutional, and other activities. 34
301301
302302
303-LC000705/SUB A - Page 9 of 17
304-(40) Lot. Either: 1
305-(i) The basic development unit for determination of lot area, depth, and other dimensional 2
306-regulations; or 3
307-(ii) A parcel of land whose boundaries have been established by some legal instrument, 4
308-such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 5
309-purposes of transfer of title. 6
310-(41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-7
311-way, usually reported in acres or square feet. 8
312-(42) Lot area, minimum. The smallest land area established by the local zoning ordinance 9
313-upon which a use, building, or structure may be located in a particular zoning district. 10
314-(43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 11
315-and accessory buildings. 12
316-(44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 13
317-where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 14
318-(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 15
319-how noncontiguous frontage will be considered with regard to minimum frontage requirements. 16
320-(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 17
321-a public or private street or any other public or private space and shall include: 18
322-(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 19
323-specify the method to be used to determine the front lot line on lots fronting on more than one 20
324-street, for example, corner and through lots; 21
325-(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 22
326-triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 23
327-entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 24
328-(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 25
329-be a street lot line, depending on requirements of the local zoning ordinance. 26
330-(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 27
331-herein. 28
332-(48) Lot, though. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 29
333-streets that do not intersect at the boundaries of the lot. 30
334-(49) Lot width. The horizontal distance between the side lines of a lot measured at right 31
335-angles to its depth along a straight line parallel to the front lot line at the minimum front setback 32
336-line. 33
337-(50) Manufactured home. As used in this section, a manufactured home shall have the same 34
303+LC000705 - Page 9 of 17
304+(39) Land development project. As defined in § 45-23-32. 1
305+(40) Lot. Either: 2
306+(i) The basic development unit for determination of lot area, depth, and other dimensional 3
307+regulations; or 4
308+(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
309+such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
310+purposes of transfer of title. 7
311+(41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
312+way, usually reported in acres or square feet. 9
313+(42) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
314+upon which a use, building, or structure may be located in a particular zoning district. 11
315+(43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
316+and accessory buildings. 13
317+(44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
318+where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
319+(45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
320+how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
321+(46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
322+a public or private street or any other public or private space and shall include: 19
323+(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
324+specify the method to be used to determine the front lot line on lots fronting on more than one 21
325+street, for example, corner and through lots; 22
326+(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
327+triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
328+entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
329+(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26
330+be a street lot line, depending on requirements of the local zoning ordinance. 27
331+(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
332+herein. 29
333+(48) Lot, though. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 30
334+streets that do not intersect at the boundaries of the lot. 31
335+(49) Lot width. The horizontal distance between the side lines of a lot measured at right 32
336+angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
337+line. 34
338338
339339
340-LC000705/SUB A - Page 10 of 17
341-definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, 1
342-in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in 2
343-length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is 3
344-built on a permanent chassis and designed to be used as a dwelling with a permanent foundation 4
345-connected to the required utilities, and includes the plumbing, heating, air-conditioning, and 5
346-electrical systems contained therein; except that such term shall include any structure that meets all 6
347-the requirements of this definition except the size requirements and with respect to which the 7
348-manufacturer voluntarily files a certification required by the United States Secretary of Housing 8
349-and Urban Development and complies with the standards established under chapter 70 of Title 42 9
350-of the United States Code; and except that such term shall not include any self-propelled 10
351-recreational vehicle. 11
352-(51) Mere inconvenience. See § 45-24-41. 12
353-(52) Mixed use. A mixture of land uses within a single development, building, or tract. 13
354-(53) Modification. Permission granted and administered by the zoning enforcement officer 14
355-of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 15
356-other than lot area requirements from the zoning ordinance to a limited degree as determined by 16
357-the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 17
358-the applicable dimensional requirements. 18
359-(54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 19
360-existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 20
361-the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 21
362-(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 22
363-not a permitted use in that zoning district. A building or structure containing more dwelling units 23
364-than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 24
365-(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 25
366-with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 26
367-regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 27
368-or structure containing more dwelling units than are permitted by the use regulations of a zoning 28
369-ordinance is nonconforming by use; a building or structure containing a permitted number of 29
370-dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 30
371-dwelling unit regulations, is nonconforming by dimension. 31
372-(55) Overlay district. A district established in a zoning ordinance that is superimposed on 32
373-one or more districts or parts of districts. The standards and requirements associated with an overlay 33
374-district may be more or less restrictive than those in the underlying districts consistent with other 34
340+LC000705 - Page 10 of 17
341+(50) Manufactured home. As used in this section, a manufactured home shall have the same 1
342+definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, 2
343+in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in 3
344+length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is 4
345+built on a permanent chassis and designed to be used as a dwelling with a permanent foundation 5
346+connected to the required utilities, and includes the plumbing, heating, air-conditioning, and 6
347+electrical systems contained therein; except that such term shall include any structure that meets all 7
348+the requirements of this definition except the size requirements and with respect to which the 8
349+manufacturer voluntarily files a certification required by the United States Secretary of Housing 9
350+and Urban Development and complies with the standards established under chapter 70 of Title 42 10
351+of the United States Code; and except that such term shall not include any self-propelled 11
352+recreational vehicle. 12
353+(51) Mere inconvenience. See § 45-24-41. 13
354+(52) Mixed use. A mixture of land uses within a single development, building, or tract. 14
355+(53) Modification. Permission granted and administered by the zoning enforcement officer 15
356+of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 16
357+other than lot area requirements from the zoning ordinance to a limited degree as determined by 17
358+the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 18
359+the applicable dimensional requirements. 19
360+(54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 20
361+existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 21
362+the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 22
363+(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 23
364+not a permitted use in that zoning district. A building or structure containing more dwelling units 24
365+than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 25
366+(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 26
367+with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 27
368+regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 28
369+or structure containing more dwelling units than are permitted by the use regulations of a zoning 29
370+ordinance is nonconforming by use; a building or structure containing a permitted number of 30
371+dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 31
372+dwelling unit regulations, is nonconforming by dimension. 32
373+(55) Overlay district. A district established in a zoning ordinance that is superimposed on 33
374+one or more districts or parts of districts. The standards and requirements associated with an overlay 34
375375
376376
377-LC000705/SUB A - Page 11 of 17
378-applicable state and federal laws. 1
379-(56) Performance standards. A set of criteria or limits relating to elements that a particular 2
380-use or process must either meet or may not exceed. 3
381-(57) Permitted use. A use by right that is specifically authorized in a particular zoning 4
382-district. 5
383-(58) Planned development. A “land development project,” as defined in subsection (39), 6
384-and developed according to plan as a single entity and containing one or more structures or uses 7
385-with appurtenant common areas. 8
386-(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 9
387-(60) Preapplication conference. A review meeting of a proposed development held between 10
388-applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 11
389-submission of an application for a permit or for development approval. 12
390-(61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 13
391-the required setback for the zoning district in which the lot is located that establishes the area within 14
392-which the principal structure must be erected or placed. 15
393-(62) Site plan. The development plan for one or more lots on which is shown the existing 16
394-and/or the proposed conditions of the lot. 17
395-(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 18
396-of the ground. 19
397-(64) Special use. A regulated use that is permitted pursuant to the special-use permit issued 20
398-by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 21
399-exception. 22
400-(65) Structure. A combination of materials to form a construction for use, occupancy, or 23
401-ornamentation, whether installed on, above, or below the surface of land or water. 24
402-(66) Substandard lot of record. Any lot lawfully existing at the time of adoption or 25
403-amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 26
404-of that ordinance. 27
405-(67) Supportive and versatile emergency units ("SAVE Units"). A structure intended for 28
406-temporary and transitional residential occupancy which complies with § 23-27.3-111.0. A SAVE 29
407-Unit is intended to provide temporary safety and privacy for people experiencing homelessness and 30
408-to enable occupants to transition to permanent housing. 31
409-(67)(68) Use. The purpose or activity for which land or buildings are designed, arranged, 32
410-or intended, or for which land or buildings are occupied or maintained. 33
411-(68)(69) Variance. Permission to depart from the literal requirements of a zoning 34
377+LC000705 - Page 11 of 17
378+district may be more or less restrictive than those in the underlying districts consistent with other 1
379+applicable state and federal laws. 2
380+(56) Performance standards. A set of criteria or limits relating to elements that a particular 3
381+use or process must either meet or may not exceed. 4
382+(57) Permitted use. A use by right that is specifically authorized in a particular zoning 5
383+district. 6
384+(58) Planned development. A “land development project,” as defined in subsection (39), 7
385+and developed according to plan as a single entity and containing one or more structures or uses 8
386+with appurtenant common areas. 9
387+(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 10
388+(60) Preapplication conference. A review meeting of a proposed development held between 11
389+applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 12
390+submission of an application for a permit or for development approval. 13
391+(61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 14
392+the required setback for the zoning district in which the lot is located that establishes the area within 15
393+which the principal structure must be erected or placed. 16
394+(62) Site plan. The development plan for one or more lots on which is shown the existing 17
395+and/or the proposed conditions of the lot. 18
396+(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 19
397+of the ground. 20
398+(64) Special use. A regulated use that is permitted pursuant to the special-use permit issued 21
399+by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 22
400+exception. 23
401+(65) Structure. A combination of materials to form a construction for use, occupancy, or 24
402+ornamentation, whether installed on, above, or below the surface of land or water. 25
403+(66) Substandard lot of record. Any lot lawfully existing at the time of adoption or 26
404+amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 27
405+of that ordinance. 28
406+(67) Supportive and versatile emergency units ("SAVE Units"). A structure intended for 29
407+temporary and transitional residential occupancy which complies with § 23-27.3-111.0. A SAVE 30
408+Unit is intended to provide temporary safety and privacy for people experiencing homelessness and 31
409+to enable occupants to transition to permanent housing. 32
410+(67)(68) Use. The purpose or activity for which land or buildings are designed, arranged, 33
411+or intended, or for which land or buildings are occupied or maintained. 34
412412
413413
414-LC000705/SUB A - Page 12 of 17
415-ordinance. An authorization for the construction or maintenance of a building or structure, or for 1
416-the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 2
417-are only two (2) categories of variance, a use variance or a dimensional variance. 3
418-(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 4
419-where the applicant for the requested variance has shown by evidence upon the record that the 5
420-subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 6
421-zoning ordinance. 7
422-(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 8
423-zoning ordinance under the applicable standards set forth in § 45-24-41. 9
424-(69)(70) Waters. As defined in § 46-12-1(23). 10
425-(70)(71) Wetland, coastal. As defined in § 45-22.2-4. 11
426-(71)(72) Wetland, freshwater. As defined in § 2-1-20. 12
427-(72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as 13
428-required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 14
429-complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 15
430-is an authorized variance or modification therefrom. 16
431-(73)(74) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 17
432-delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 18
433-town. 19
434-(74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or 20
435-town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 21
436-or town’s legislative or home rule charter, if any, that establish regulations and standards relating 22
437-to the nature and extent of uses of land and structures; that is consistent with the comprehensive 23
438-plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 24
439-complies with the provisions of this chapter. 25
440-(75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to 26
441-which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 27
442-Zoning use districts include, but are not limited to: agricultural, commercial, industrial, 28
443-institutional, open space, and residential. Each district may include sub-districts. Districts may be 29
444-combined. 30
445-45-24-37. General provisions — Permitted uses. 31
446-(a) The zoning ordinance shall provide a listing of all land uses and/or performance 32
447-standards for uses that are permitted within the zoning use districts of the municipality. The 33
448-ordinance may provide for a procedure under which a proposed land use that is not specifically 34
414+LC000705 - Page 12 of 17
415+(68)(69) Variance. Permission to depart from the literal requirements of a zoning 1
416+ordinance. An authorization for the construction or maintenance of a building or structure, or for 2
417+the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There 3
418+are only two (2) categories of variance, a use variance or a dimensional variance. 4
419+(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 5
420+where the applicant for the requested variance has shown by evidence upon the record that the 6
421+subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 7
422+zoning ordinance. 8
423+(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 9
424+zoning ordinance under the applicable standards set forth in § 45-24-41. 10
425+(69)(70) Waters. As defined in § 46-12-1(23). 11
426+(70)(71) Wetland, coastal. As defined in § 45-22.2-4. 12
427+(71)(72) Wetland, freshwater. As defined in § 2-1-20. 13
428+(72)(73) Zoning certificate. A document signed by the zoning enforcement officer, as 14
429+required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either 15
430+complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or 16
431+is an authorized variance or modification therefrom. 17
432+(73)(74) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 18
433+delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 19
434+town. 20
435+(74)(75) Zoning ordinance. An ordinance enacted by the legislative body of the city or 21
436+town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city 22
437+or town’s legislative or home rule charter, if any, that establish regulations and standards relating 23
438+to the nature and extent of uses of land and structures; that is consistent with the comprehensive 24
439+plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 25
440+complies with the provisions of this chapter. 26
441+(75)(76) Zoning use district. The basic unit in zoning, either mapped or unmapped, to 27
442+which a uniform set of regulations applies, or a uniform set of regulations for a specified use. 28
443+Zoning use districts include, but are not limited to: agricultural, commercial, industrial, 29
444+institutional, open space, and residential. Each district may include sub-districts. Districts may be 30
445+combined. 31
446+45-24-37. General provisions — Permitted uses. 32
447+(a) The zoning ordinance shall provide a listing of all land uses and/or performance 33
448+standards for uses that are permitted within the zoning use districts of the municipality. The 34
449449
450450
451-LC000705/SUB A - Page 13 of 17
452-listed may be presented by the property owner to the zoning board of review or to a local official 1
453-or agency charged with administration and enforcement of the ordinance for an evaluation and 2
454-determination of whether the proposed use is of a similar type, character, and intensity as a listed 3
455-permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 4
456-(b) Notwithstanding any other provision of this chapter, the following uses are permitted 5
457-uses within all residential zoning use districts of a municipality and all industrial and commercial 6
458-zoning use districts except where residential use is prohibited for public health or safety reasons: 7
459-(1) Households; 8
460-(2) Community residences; and 9
461-(3) Family daycare homes. 10
462-(c) Any time a building or other structure used for residential purposes, or a portion of a 11
463-building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 12
464-or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 13
465-or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 14
466-occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 15
467-and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 16
468-owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 17
469-temporarily upon the land by making timely application to the local building official for the 18
470-purposes of obtaining the necessary permits to repair or rebuild the structure. 19
471-(d) Notwithstanding any other provision of this chapter, appropriate access for people with 20
472-disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 21
473-residing, or intending to reside, in the residential structure. 22
474-(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 23
475-(“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 24
476-all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-25
477-73(a) shall be permitted through an administrative building permit process only. 26
478-(f) When used in this section the terms “people with disabilities” or “member, or members, 27
479-with disabilities” means a person(s) who has a physical or mental impairment that substantially 28
480-limits one or more major life activities, as defined in 42-87-1(5). 29
481-(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 30
482-use within all zoning districts of a municipality, including all industrial and commercial zoning 31
483-districts, except where prohibited for public health or safety reasons or the protection of wildlife 32
484-habitat. 33
485-(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 34
451+LC000705 - Page 13 of 17
452+ordinance may provide for a procedure under which a proposed land use that is not specifically 1
453+listed may be presented by the property owner to the zoning board of review or to a local official 2
454+or agency charged with administration and enforcement of the ordinance for an evaluation and 3
455+determination of whether the proposed use is of a similar type, character, and intensity as a listed 4
456+permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 5
457+(b) Notwithstanding any other provision of this chapter, the following uses are permitted 6
458+uses within all residential zoning use districts of a municipality and all industrial and commercial 7
459+zoning use districts except where residential use is prohibited for public health or safety reasons: 8
460+(1) Households; 9
461+(2) Community residences; and 10
462+(3) Family daycare homes. 11
463+(c) Any time a building or other structure used for residential purposes, or a portion of a 12
464+building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 13
465+or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 14
466+or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 15
467+occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 16
468+and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 17
469+owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 18
470+temporarily upon the land by making timely application to the local building official for the 19
471+purposes of obtaining the necessary permits to repair or rebuild the structure. 20
472+(d) Notwithstanding any other provision of this chapter, appropriate access for people with 21
473+disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 22
474+residing, or intending to reside, in the residential structure. 23
475+(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 24
476+(“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 25
477+all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-26
478+73(a) shall be permitted through an administrative building permit process only. 27
479+(f) When used in this section the terms “people with disabilities” or “member, or members, 28
480+with disabilities” means a person(s) who has a physical or mental impairment that substantially 29
481+limits one or more major life activities, as defined in 42-87-1(5). 30
482+(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 31
483+use within all zoning districts of a municipality, including all industrial and commercial zoning 32
484+districts, except where prohibited for public health or safety reasons or the protection of wildlife 33
485+habitat. 34
486486
487487
488-LC000705/SUB A - Page 14 of 17
489-for the conversion of any commercial building, including offices, schools, religious facilities, 1
490-medical buildings, and malls into residential units or mixed-use developments which include the 2
491-development of at least fifty percent (50%) of the existing gross floor area into residential units, 3
492-shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 4
493-except where such is prohibited by environmental land use restrictions recorded on the property by 5
494-the state of Rhode Island department of environmental management or the United States 6
495-Environmental Protection Agency preventing the conversion to residential use. 7
496-(1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 8
497-developments from off-street parking requirements of over one space per dwelling unit. 9
498-(2) Density. 10
499-(i) For projects that meet the following criteria, zoning ordinances shall allow for high 11
500-density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 12
501-(A) Where the project is limited to the existing footprint, except that the footprint is allowed 13
502-to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 14
503-(B) The development includes at least twenty percent (20%) low- and moderate-income 15
504-housing; and 16
505-(C) The development has access to public sewer and water service or has access to adequate 17
506-private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 18
507-state agency for the entire development as applicable. 19
508-(ii) For all other adaptive reuse projects, the residential density permitted in the converted 20
509-structure shall be the maximum allowed that otherwise meets all standards of minimum housing 21
510-and has access to public sewer and water service or has access to adequate private water, such as a 22
511-well, and wastewater treatment system(s) approved by the relevant state agency for the entire 23
512-development, as applicable. The density proposed shall be determined to meet all public health and 24
513-safety standards. 25
514-(3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 26
515-existing building setbacks shall remain and shall be considered legal nonconforming, but no 27
516-additional encroachments shall be permitted into any nonconforming setback, unless otherwise 28
517-allowed by zoning ordinance or relief is granted by the applicable authority. 29
518-(4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 30
519-height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 31
520-and shall be considered legal nonconforming, and any rooftop construction shall be included within 32
521-the height exemption. 33
522-(i) Notwithstanding any other provisions of this chapter, all towns and cities may allow 34
488+LC000705 - Page 14 of 17
489+(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 1
490+for the conversion of any commercial building, including offices, schools, religious facilities, 2
491+medical buildings, and malls into residential units or mixed-use developments which include the 3
492+development of at least fifty percent (50%) of the existing gross floor area into residential units, 4
493+shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 5
494+except where such is prohibited by environmental land use restrictions recorded on the property by 6
495+the state of Rhode Island department of environmental management or the United States 7
496+Environmental Protection Agency preventing the conversion to residential use. 8
497+(1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 9
498+developments from off-street parking requirements of over one space per dwelling unit. 10
499+(2) Density. 11
500+(i) For projects that meet the following criteria, zoning ordinances shall allow for high 12
501+density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 13
502+(A) Where the project is limited to the existing footprint, except that the footprint is allowed 14
503+to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 15
504+(B) The development includes at least twenty percent (20%) low- and moderate-income 16
505+housing; and 17
506+(C) The development has access to public sewer and water service or has access to adequate 18
507+private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 19
508+state agency for the entire development as applicable. 20
509+(ii) For all other adaptive reuse projects, the residential density permitted in the converted 21
510+structure shall be the maximum allowed that otherwise meets all standards of minimum housing 22
511+and has access to public sewer and water service or has access to adequate private water, such as a 23
512+well, and wastewater treatment system(s) approved by the relevant state agency for the entire 24
513+development, as applicable. The density proposed shall be determined to meet all public health and 25
514+safety standards. 26
515+(3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, 27
516+existing building setbacks shall remain and shall be considered legal nonconforming, but no 28
517+additional encroachments shall be permitted into any nonconforming setback, unless otherwise 29
518+allowed by zoning ordinance or relief is granted by the applicable authority. 30
519+(4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the 31
520+height of the existing structure, if it exceeds the maximum height of the zoning district, may remain 32
521+and shall be considered legal nonconforming, and any rooftop construction shall be included within 33
522+the height exemption. 34
523523
524524
525-LC000705/SUB A - Page 15 of 17
526-manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any 1
527-lot zoned for single-family use. Such home shall comply with all dimensional requirements of a 2
528-single-family home in the district or seek relief for the same under the provisions of this chapter. 3
529-(j) SAVE Units. Notwithstanding any other provision of this chapter, SAVE Units, as 4
530-defined in § 45-24-31, and their accessory units, such as bathrooms, if compliant with § 23-27.3-5
531-111.0, shall be allowed by right in municipalities that have either allowed such by and through 6
532-zoning ordinance provisions or in municipalities that have exercised emergency authority pursuant 7
533-to § 45-24-78. 8
534-SECTION 5. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 9
535-amended by adding thereto the following section: 10
536-45-24-78. Limited emergency authority. 11
537-(a) Notwithstanding any general or special law to the contrary or any ordinance, rule or 12
538-regulation to the contrary, a municipality, upon a declaration of emergency introduced by the 13
539-mayor, town administrator, or other equivalent chief executive officer, and approved by the 14
540-municipal council, which may be in the form of a resolution, may suspend application and 15
541-compliance with all planning and zoning procedures and the procedures set forth in §§ 45-24-47 16
542-through 45-24-55 and local building approval procedures in order to allow the construction of 17
543-SAVE Units, and their accessory units, which comply with the provisions of § 23-27.3-111.0. 18
544-(b) Such a declaration of an emergency shall only be for purposes of allowing for the 19
545-construction and temporary occupancy of SAVE Units during periods of severe weather or during 20
546-the aftermath of a natural or man-made disaster. 21
547-(c) Such a declaration of emergency shall only be valid for thirty (30) days, with the right 22
548-to renew the declaration, by vote of the municipal council, for another thirty (30) day period. The 23
549-total period for the emergency declaration shall not exceed one hundred and eighty (180) days per 24
550-year. 25
551-(d) Upon a declaration of an emergency pursuant to this section, the mayor, town 26
552-administrator, or other equivalent chief executive officer of the municipality shall, within thirty 27
553-(30) days of the declaration, and within every sixty days (60) thereafter, file a report with the 28
554-governor, the speaker of the house, and the president of the senate, with a copy to the municipal 29
555-council and the secretary of housing, providing information on the nature and extent of the 30
556-emergency, the actions taken by the municipality to address the emergency and the total number of 31
557-individuals being served by the SAVE Units. 32
558-(e) Nothing contained in this chapter shall prevent a municipality from allowing, on a non-33
559-emergency basis, SAVE Units, provided the units comply with all applicable state building and fire 34
525+LC000705 - Page 15 of 17
526+(i) Notwithstanding any other provisions of this chapter, all towns and cities may allow 1
527+manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any 2
528+lot zoned for single-family use. Such home shall comply with all dimensional requirements of a 3
529+single-family home in the district or seek relief for the same under the provisions of this chapter. 4
530+(j) SAVE Units. Notwithstanding any other provision of this chapter, SAVE Units, as 5
531+defined in § 45-24-31, and their accessory units, such as bathrooms, if compliant with § 23-27.3-6
532+111.0, shall be allowed by right in municipalities that have either allowed such by and through 7
533+zoning ordinance provisions or in municipalities that have exercised emergency authority pursuant 8
534+to § 45-24-78. 9
535+SECTION 5. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 10
536+amended by adding thereto the following section: 11
537+45-24-78. Limited emergency authority. 12
538+(a) Notwithstanding any general or special law to the contrary or any ordinance, rule or 13
539+regulation to the contrary, a municipality, upon a declaration of emergency introduced by the 14
540+mayor, town administrator, or other equivalent chief executive officer, and approved by the 15
541+municipal council, which may be in the form of a resolution, may suspend application and 16
542+compliance with all planning and zoning procedures and the procedures set forth in §§ 45-24-47 17
543+through 45-24-55 and local building approval procedures in order to allow the construction of 18
544+SAVE Units, and their accessory units, which comply with the provisions of § 23-27.3-111.0. 19
545+(b) Such a declaration of an emergency shall only be for purposes of allowing for the 20
546+construction and temporary occupancy of SAVE Units during periods of severe weather or during 21
547+the aftermath of a natural or man-made disaster. 22
548+(c) Such a declaration of emergency shall only be valid for thirty (30) days, with the right 23
549+to renew the declaration, by vote of the municipal council, for another thirty (30) day period. The 24
550+total period for the emergency declaration shall not exceed one hundred and eighty (180) days per 25
551+year. 26
552+(d) Upon a declaration of an emergency pursuant to this section, the mayor, town 27
553+administrator, or other equivalent chief executive officer of the municipality shall, within thirty 28
554+(30) days of the declaration, and within every sixty days (60) thereafter, file a report with the 29
555+governor, the speaker of the house, and the president of the senate, with a copy to the municipal 30
556+council and the secretary of housing, providing information on the nature and extent of the 31
557+emergency, the actions taken by the municipality to address the emergency and the total number of 32
558+individuals being served by the SAVE Units. 33
559+(e) Nothing contained in this chapter shall prevent a municipality from allowing, on a non-34
560560
561561
562-LC000705/SUB A - Page 16 of 17
563-code sections by right through the passage of a zoning ordinance amendment in accordance with 1
564-the provisions of §§ 45-24-50 through 45-24-53 and are permitted pursuant to § 23-27.3-111.0. 2
565-SECTION 6. Section 45-24.3-4 of the General Laws in Chapter 45-24.3 entitled "Housing 3
566-Maintenance and Occupancy Code" is hereby amended to read as follows: 4
567-45-24.3-4. Applicability. 5
568-(a) Every portion of a building or its premises used or intended to be used for the purpose 6
569-of dwelling, living, eating, sleeping, or cooking, or occupancy, comply with the provisions of this 7
570-chapter and with the rules and regulations adopted pursuant to this chapter irrespective of when the 8
571-building was constructed, altered, or repaired, and irrespective of any permits or licenses issued for 9
572-the use or occupancy of the dwelling and dwelling premises or structure, for the construction or 10
573-repair of the dwelling or structure, or for the installation or repair of dwelling equipment prior to 11
574-January 1, 1971. This chapter establishes minimum standards for the initial and continued 12
575-occupancy of all dwellings and structures, and does not replace or modify standards otherwise 13
576-established by the state or a corporate unit for the construction, repair, or use of a building or the 14
577-installation of building equipment except as they may be in conflict with the provisions of this 15
578-chapter as provided by § 45-24.3-19. 16
579-(b) Matters governed by and conforming to the provisions of the State Building Code (§ 17
580-23-27.3-100.0 et seq.) shall prevail for all structures, dwellings, and dwelling units constructed, 18
581-altered or repaired since July 1, 1977, providing the structure, dwelling or dwelling units conform 19
582-in their entirety to the prevailing edition of the building codes in effect at the time of construction 20
583-or occupancy, as evidenced by the date of issuance of a building permit issuance or date of issuance 21
584-of a certificate of occupancy. 22
585-(c) Except as specifically provided, the provisions of this chapter shall not apply to SAVE 23
586-Units as defined in § 45-24-31 that are permitted pursuant to § 45-24-37 or § 45-24-78 and which 24
587-comply with § 23-27.3-111.0. 25
588-SECTION 7. This act shall take effect upon passage. 26
562+LC000705 - Page 16 of 17
563+emergency basis, SAVE Units, provided the units comply with all applicable state building and fire 1
564+code sections by right through the passage of a zoning ordinance amendment in accordance with 2
565+the provisions of §§ 45-24-50 through 45-24-53 and are permitted pursuant to § 23-27.3-111.0. 3
566+SECTION 6. Section 45-24.3-4 of the General Laws in Chapter 45-24.3 entitled "Housing 4
567+Maintenance and Occupancy Code" is hereby amended to read as follows: 5
568+45-24.3-4. Applicability. 6
569+(a) Every portion of a building or its premises used or intended to be used for the purpose 7
570+of dwelling, living, eating, sleeping, or cooking, or occupancy, comply with the provisions of this 8
571+chapter and with the rules and regulations adopted pursuant to this chapter irrespective of when the 9
572+building was constructed, altered, or repaired, and irrespective of any permits or licenses issued for 10
573+the use or occupancy of the dwelling and dwelling premises or structure, for the construction or 11
574+repair of the dwelling or structure, or for the installation or repair of dwelling equipment prior to 12
575+January 1, 1971. This chapter establishes minimum standards for the initial and continued 13
576+occupancy of all dwellings and structures, and does not replace or modify standards otherwise 14
577+established by the state or a corporate unit for the construction, repair, or use of a building or the 15
578+installation of building equipment except as they may be in conflict with the provisions of this 16
579+chapter as provided by § 45-24.3-19. 17
580+(b) Matters governed by and conforming to the provisions of the State Building Code (§ 18
581+23-27.3-100.0 et seq.) shall prevail for all structures, dwellings, and dwelling units constructed, 19
582+altered or repaired since July 1, 1977, providing the structure, dwelling or dwelling units conform 20
583+in their entirety to the prevailing edition of the building codes in effect at the time of construction 21
584+or occupancy, as evidenced by the date of issuance of a building permit issuance or date of issuance 22
585+of a certificate of occupancy. 23
586+(c) Except as specifically provided, the provisions of this chapter shall not apply to SAVE 24
587+Units as defined in § 45-24-31 that are permitted pursuant to § 45-24-37 or § 45-24-78 and which 25
588+comply with § 23-27.3-111.0. 26
589+SECTION 7. This act shall take effect upon passage. 27
589590 ========
590-LC000705/SUB A
591+LC000705
591592 ========
592593
593594
594-LC000705/SUB A - Page 17 of 17
595+LC000705 - Page 17 of 17
595596 EXPLANATION
596597 BY THE LEGISLATIVE COUNCIL
597598 OF
598599 A N A C T
599600 RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE --
600601 ADMINISTRATION AND ENFORCEMENT
601602 ***
602603 This act would authorize municipalities to make an emergency declaration under limited 1
603604 circumstances to allow for the construction and use of SAVE Units on a temporary basis which 2
604605 have specialized requirements and exemptions from the state fire and building codes. This act 3
605606 would also include a provision for reports to be provided to the governor, the speaker of the house 4
606607 and the president of the senate regarding the nature of the emergency and the number of individuals 5
607608 served by SAVE Units. 6
608609 This act would take effect upon passage. 7
609610 ========
610-LC000705/SUB A
611+LC000705
611612 ========