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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5373 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001263 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
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| 16 | 16 | | Introduced By: Representatives Speakman, Shekarchi, Diaz, Slater, Casey, and Corvese |
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| 17 | 17 | | Date Introduced: February 07, 2025 |
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| 18 | 18 | | Referred To: House Municipal Government & Housing |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 23-27.3-100.1.4, 23-27.3-100.1.5 and 23-27.3-108.2 of the General 1 |
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| 23 | 23 | | Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 23-27.3-100.1.4. Appointment and qualifications of the committee. 3 |
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| 25 | 25 | | (a) The building code standards committee shall be composed of twenty-five (25) 4 |
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| 26 | 26 | | members, residents of the state who shall be appointed by the governor with the advice and consent 5 |
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| 27 | 27 | | of the senate. Eight (8) members are to be appointed for terms of one year each, seven (7) for a 6 |
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| 28 | 28 | | term of two (2) years each, and ten (10) for terms of three (3) years each. Annually, thereafter, the 7 |
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| 29 | 29 | | governor, with the advice and consent of the senate, shall appoint members to the committee to 8 |
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| 30 | 30 | | succeed those whose terms expired; the members to serve for terms of three (3) years each and until 9 |
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| 31 | 31 | | their successors are appointed and qualified. Two (2) members shall be architects registered in the 10 |
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| 32 | 32 | | state; three (3) shall be professional engineers registered in the state, one specializing in 11 |
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| 33 | 33 | | mechanical, one specializing in structural, and one specializing in electrical engineering; one 12 |
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| 34 | 34 | | landscape architect, registered in the state; one full-time certified electrical inspector; two (2) shall 13 |
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| 35 | 35 | | be builders or superintendents of building construction; one shall be a public health official; one 14 |
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| 36 | 36 | | shall be a qualified fire code official; two (2) shall be from the Rhode Island building trades council; 15 |
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| 37 | 37 | | two (2) shall be from the Rhode Island Builders Association; one shall be a holder of Class “A” 16 |
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| 38 | 38 | | electrician’s license; one shall be a master plumber; two (2) shall be from the general public; three 17 |
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| 39 | 39 | | (3) shall be building officials in office, one from a municipality with a population of sixty thousand 18 |
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| 40 | 40 | | (60,000) persons or more, one from a municipality with a population of over twenty thousand 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001263 - Page 2 of 7 |
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| 44 | 44 | | (20,000) persons but less than sixty thousand (60,000), and one from a municipality with a 1 |
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| 45 | 45 | | population of less than twenty thousand (20,000) persons; one shall be a minimum housing official 2 |
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| 46 | 46 | | in office from one of the local municipalities; and two (2) residents of the state who shall be persons 3 |
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| 47 | 47 | | with disabilities as defined in § 42-87-1. 4 |
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| 48 | 48 | | (b) All members shall have no less than five (5) years practical experience in their 5 |
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| 49 | 49 | | profession or business. The committee shall elect its own chairperson and may elect from among 6 |
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| 50 | 50 | | its members such other officers as it deems necessary. Thirteen (13) A majority of the current 7 |
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| 51 | 51 | | members of the board shall constitute a quorum and the vote of a majority vote of those present 8 |
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| 52 | 52 | | shall be required for action. The committee shall adopt rules and regulations for procedure. The 9 |
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| 53 | 53 | | state building commissioner shall serve as the executive secretary to the committee. The committee 10 |
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| 54 | 54 | | shall have the power, within the limits of appropriations provided therefor, to employ such 11 |
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| 55 | 55 | | assistance as may be necessary to conduct business. 12 |
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| 56 | 56 | | (c) Members of the committee shall be removable by the governor pursuant to § 36-1-7 13 |
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| 57 | 57 | | and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or 14 |
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| 58 | 58 | | fitness for the office shall be unlawful. 15 |
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| 59 | 59 | | (d) The state housing and property maintenance code subcommittee shall be composed of 16 |
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| 60 | 60 | | nine (9) members, residents of the state. Five (5) of these members are to be current members of 17 |
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| 61 | 61 | | the state building code standards committee and are to be appointed by that committee. The four 18 |
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| 62 | 62 | | (4) remaining members are to be appointed by the governor, with the advice and consent of the 19 |
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| 63 | 63 | | senate. The four (4) appointed by the governor, with the advice and consent of the senate, shall 20 |
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| 64 | 64 | | initially be appointed on a staggered term basis, one for one year, one for two (2) years, and two 21 |
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| 65 | 65 | | (2) for three (3) years. Annually thereafter, the building code standards committee, and the 22 |
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| 66 | 66 | | governor, with the advice and consent of the senate, shall appoint the subcommittee members, for 23 |
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| 67 | 67 | | which they are respectively responsible, to succeed those whose terms have expired; the members 24 |
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| 68 | 68 | | to serve for terms of three (3) years each and until their successors are appointed and qualified. Of 25 |
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| 69 | 69 | | the members appointed by the committee, one shall be a full-time certified electrical inspector; one 26 |
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| 70 | 70 | | shall be a master plumber and mechanical equipment expert; one shall be a builder or 27 |
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| 71 | 71 | | superintendent of building construction; one member shall be a qualified state fire code official; 28 |
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| 72 | 72 | | one shall be a property manager; and one shall be a current minimum housing official from a local 29 |
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| 73 | 73 | | municipality. The four (4) members to be appointed by the governor, with the advice and consent 30 |
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| 74 | 74 | | of the senate, shall all be current minimum housing officials from local municipalities. One shall 31 |
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| 75 | 75 | | be from a municipality with a population of sixty thousand (60,000) persons or more, two (2) from 32 |
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| 76 | 76 | | municipalities with a population of over twenty thousand (20,000) persons but less than sixty 33 |
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| 77 | 77 | | thousand (60,000), and one from a municipality with a population of less than twenty thousand 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001263 - Page 3 of 7 |
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| 81 | 81 | | (20,000) persons. 1 |
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| 82 | 82 | | 23-27.3-100.1.5. Building code — Adoption and promulgation by committee. 2 |
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| 83 | 83 | | The state building code standards committee has the authority to adopt, promulgate, and 3 |
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| 84 | 84 | | administer a state building code, which shall include: (a) Provisions and amendments as necessary 4 |
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| 85 | 85 | | to resolve conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6; 5 |
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| 86 | 86 | | and (b) A rehabilitation building and fire code for existing buildings and structures. 6 |
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| 87 | 87 | | Notwithstanding any provision of law to the contrary, the building code, including any amendments 7 |
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| 88 | 88 | | adopted by the state building code standards committee, shall be adopted by the state and shall be 8 |
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| 89 | 89 | | fully enforceable by the state building code office within ninety (90) days of approval by the state 9 |
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| 90 | 90 | | building code standards committee. The building code may shall be promulgated in several 10 |
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| 91 | 91 | | sections, with a section applicable: to one-, two (2), three (3), and four (4) and two-family (2) 11 |
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| 92 | 92 | | dwellings using the 2024 International Residential Code (IRC) or any subsequent version thereof; 12 |
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| 93 | 93 | | to multiple dwellings with more than four (4) family dwellings, and hotels and motels using the 13 |
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| 94 | 94 | | 2024 commercial International Building Code (IBC) or any subsequent version thereof; to general 14 |
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| 95 | 95 | | building construction; to plumbing; and to electrical. The building code shall incorporate minimum 15 |
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| 96 | 96 | | standards for the location, design, construction, and installation of wells that are appurtenances to 16 |
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| 97 | 97 | | a building in applicable sections. For purposes of this chapter, “appurtenance” includes the 17 |
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| 98 | 98 | | installation, alteration, or repair of wells connected to a structure consistent with chapter 13.2 of 18 |
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| 99 | 99 | | title 46. The building code and the sections thereof shall be reasonably consistent with recognized 19 |
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| 100 | 100 | | and accepted standards adopted by national model code organizations and recognized authorities. 20 |
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| 101 | 101 | | To the extent that any state or local building codes, statutes, or ordinances are inconsistent with the 21 |
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| 102 | 102 | | Americans with Disabilities Act, Title III, Public Accommodations and Services Operated by 22 |
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| 103 | 103 | | Private Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby 23 |
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| 104 | 104 | | repealed. The state building code standards committee is hereby directed to adopt rules and 24 |
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| 105 | 105 | | regulations consistent with the Americans with Disabilities Act, Title II and III (28 C.F.R. 35 and 25 |
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| 106 | 106 | | 28 C.F.R. 36, as amended), as soon as possible, but no later than February 15, 2012, to take effect 26 |
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| 107 | 107 | | on or before March 15, 2012. The state building code standards committee is hereby authorized 27 |
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| 108 | 108 | | and directed to update those rules and regulations consistent with the future revisions of the 28 |
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| 109 | 109 | | Americans with Disabilities Act Accessibility Standards. All electrical work done in the state shall 29 |
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| 110 | 110 | | be in accordance with the latest edition of the National Electrical Code (NEC). The state building 30 |
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| 111 | 111 | | commission shall adopt the latest edition of the NEC, including any amendments to the NEC by 31 |
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| 112 | 112 | | the commission. The adoption of the NEC by the commission shall be completed so that it will take 32 |
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| 113 | 113 | | effect on the first day of July of the year the edition is dated. 33 |
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| 114 | 114 | | 23-27.3-108.2. Duties of the state building code commissioner. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001263 - Page 4 of 7 |
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| 118 | 118 | | (a) The state building code commissioner shall have the authority to enforce and perform 1 |
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| 119 | 119 | | the duties required by the state building code, chapter 27.3 of this title, and all codes referenced 2 |
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| 120 | 120 | | therein and adopted thereunder, and all other provisions of the general laws and public laws insofar 3 |
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| 121 | 121 | | as such powers and duties relate to building codes and building inspection; provided, however, that 4 |
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| 122 | 122 | | for the purposes of this section structures constituting tents and/or membrane frame structures as 5 |
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| 123 | 123 | | defined in this state building code and any regulations promulgated hereunder shall be subject to 6 |
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| 124 | 124 | | an annual certification process to be established by the state building commissioner in conjunction 7 |
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| 125 | 125 | | with the state fire marshal and shall not be subject to recurring permit and fee requirements as 8 |
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| 126 | 126 | | otherwise required by this code. 9 |
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| 127 | 127 | | (b) The state building code commissioner shall work to standardize building code 10 |
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| 128 | 128 | | interpretations across the state with input from the Rhode Island League of Cities and Towns and 11 |
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| 129 | 129 | | ensure consistent enforcement of the code throughout the state. 12 |
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| 130 | 130 | | (c) Permit fees for the projects shall be established by the committee. The fees shall be 13 |
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| 131 | 131 | | deposited as general revenues. 14 |
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| 132 | 132 | | (d)(1) The local cities and towns shall charge each permit applicant an additional one-tenth 15 |
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| 133 | 133 | | percent (0.1%) levy of the total construction cost for each commercial permit issued, and two-tenths 16 |
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| 134 | 134 | | percent (0.2%) levy of the total construction cost for each residential permit issued. The levy shall 17 |
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| 135 | 135 | | be limited to a maximum of one hundred dollars ($100) for each of the permits issued for one- and, 18 |
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| 136 | 136 | | two- (2), three (3), and four (4) family (2) dwellings. This additional levy shall be transmitted 19 |
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| 137 | 137 | | monthly to the state building office at the department of business regulation; and 20 |
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| 138 | 138 | | (i) Fifty percent (50%) of this additional levy on residential permits and one hundred 21 |
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| 139 | 139 | | percent (100%) of this additional levy on commercial permits shall be used to staff and support the 22 |
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| 140 | 140 | | purchase or lease and operation of a web-accessible service and/or system to be utilized by the state 23 |
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| 141 | 141 | | and municipalities for uniform, statewide electronic plan review, permit management, and 24 |
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| 142 | 142 | | inspection system and other programs described in this chapter. This portion of the fee levy shall 25 |
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| 143 | 143 | | be deposited as general revenues. 26 |
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| 144 | 144 | | (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to 27 |
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| 145 | 145 | | the department of labor and training and shall be deposited into the contractor training restricted 28 |
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| 146 | 146 | | receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. 29 |
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| 147 | 147 | | Subject to appropriation by the general assembly, these funds shall be used to provide contractor 30 |
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| 148 | 148 | | training grants for programs that shall include, but are not limited to, minority business enterprises 31 |
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| 149 | 149 | | and state local building officials. 32 |
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| 150 | 150 | | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 33 |
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| 151 | 151 | | process for electronic plan review, permit management, and inspection. The process shall include, 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001263 - Page 5 of 7 |
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| 155 | 155 | | but not be limited to: applications; submission of building plans and plans for developments and 1 |
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| 156 | 156 | | plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation 2 |
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| 157 | 157 | | and collections; and workflow and report management. 3 |
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| 158 | 158 | | (3) On or before December 1, 2013, the building commissioner, with the assistance of the 4 |
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| 159 | 159 | | office of regulatory reform, shall implement the standard statewide process for electronic plan 5 |
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| 160 | 160 | | review, permit management, and inspection. In addition, the building commissioner shall develop 6 |
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| 161 | 161 | | a technology and implementation plan for a standard web-accessible service or system to be utilized 7 |
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| 162 | 162 | | by the state and municipalities for uniform, statewide electronic plan review, permit management, 8 |
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| 163 | 163 | | and inspection. The plan shall include, but not be limited to: applications; submission of building 9 |
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| 164 | 164 | | plans and plans for developments and plots; plan review; permitting; inspections; inspection 10 |
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| 165 | 165 | | scheduling; project tracking; fee calculation and collections; and workflow and report management. 11 |
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| 166 | 166 | | (e) The building commissioner shall, upon request by any state contractor described in § 12 |
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| 167 | 167 | | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state 13 |
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| 168 | 168 | | controller that the payment conditions contained in § 37-2-38.1 have been met. 14 |
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| 169 | 169 | | (f) The building commissioner shall coordinate the development and implementation of 15 |
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| 170 | 170 | | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before 16 |
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| 171 | 171 | | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement 17 |
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| 172 | 172 | | the provisions of this section and § 23-27.3-115.6. 18 |
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| 173 | 173 | | (g) The building commissioner shall submit, in coordination with the state fire marshal, a 19 |
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| 174 | 174 | | report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, 20 |
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| 175 | 175 | | providing the status of the web-accessible service and/or system implementation and any 21 |
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| 176 | 176 | | recommendations for process or system improvement. In every report submitted on or after April, 22 |
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| 177 | 177 | | 2024, the building commissioner shall provide the following information: 23 |
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| 178 | 178 | | (1) The identity of every municipality in full compliance with the provisions § 23-27.3-24 |
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| 179 | 179 | | 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; 25 |
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| 180 | 180 | | (2) The identity of every municipality failing to fully implement and comply with the 26 |
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| 181 | 181 | | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the 27 |
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| 182 | 182 | | provisions of this section, and the nature, extent, and basis or reason for the failure or 28 |
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| 183 | 183 | | noncompliance; and 29 |
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| 184 | 184 | | (3) Recommendations to achieve compliance by all municipalities with the provisions of § 30 |
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| 185 | 185 | | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. 31 |
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| 186 | 186 | | (h) The building commissioner shall assist with facilitating the goals and objectives set 32 |
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| 187 | 187 | | forth in § 28-42-84(a)(9). 33 |
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| 188 | 188 | | (i) The state building code commissioner shall serve as the executive secretary to the state 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001263 - Page 6 of 7 |
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| 192 | 192 | | building code standards committee. 1 |
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| 193 | 193 | | (j) In addition to the state building code commissioner’s other duties as set forth in this 2 |
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| 194 | 194 | | chapter, and notwithstanding the same, the state building code commissioner and the 3 |
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| 195 | 195 | | commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the 4 |
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| 196 | 196 | | state building code in a municipality where there is no local building official or alternate as detailed 5 |
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| 197 | 197 | | in § 23-27.3-107.2, or where there are no local building inspectors. 6 |
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| 198 | 198 | | SECTION 2. This act shall take effect upon passage. 7 |
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| 199 | 199 | | ======== |
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| 200 | 200 | | LC001263 |
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| 202 | 202 | | |
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| 203 | 203 | | |
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| 204 | 204 | | LC001263 - Page 7 of 7 |
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| 205 | 205 | | EXPLANATION |
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| 206 | 206 | | BY THE LEGISLATIVE COUNCIL |
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| 207 | 207 | | OF |
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| 208 | 208 | | A N A C T |
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| 209 | 209 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
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| 210 | 210 | | *** |
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| 211 | 211 | | This act would define a quorum of the building code standards committee to be a majority 1 |
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| 212 | 212 | | of the current board members, provide for prompt adoption and enforcement of updated building 2 |
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| 213 | 213 | | codes, amend the state building code to require that sections provide that dwelling units from one 3 |
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| 214 | 214 | | to four (4) units use the 2024 and subsequent versions of the international residential code and that 4 |
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| 215 | 215 | | multiple dwellings with more than four (4) units, hotels and motels use the 2024 and subsequent 5 |
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| 216 | 216 | | versions of the commercial international building code, and expand the additional levy on 6 |
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| 217 | 217 | | residential permits for one and two (2) family dwellings to three (3) and four (4) unit dwellings. 7 |
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| 218 | 218 | | This act would take effect upon passage. 8 |
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| 219 | 219 | | ======== |
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| 220 | 220 | | LC001263 |
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