Rhode Island 2025 2025 Regular Session

Rhode Island House Bill H5803 Introduced / Bill

Filed 02/27/2025

                     
 
 
 
2025 -- H 5803 
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LC002163 
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S T A T E O F R H O D E I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2025 
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A N   A C T 
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE 
Introduced By: Representative K. Joseph Shekarchi 
Date Introduced: February 27, 2025 
Referred To: House Municipal Government & Housing 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Sections 23-27.3-100, 23-27.3-100.1 and 23-27.3-108.2 of the General Laws 1 
in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as follows: 2 
23-27.3-100.0. Scope. 3 
This chapter governs the state building code and the establishment, operation and 4 
maintenance of electronic permitting platforms for state and local permitting. 5 
23-27.3-100.1. Short title — Applicability. 6 
This act shall be known as the “Rhode Island state building code” referred to throughout 7 
this chapter as “this code”, which includes a rehabilitation building and fire code for existing 8 
buildings and structures. In accordance with this chapter, this act controls: 9 
(1) The construction, reconstruction, alteration, repair, demolition, removal, inspection, 10 
issuance, and revocation of permits or licenses, installation of equipment, classification, and 11 
definition of any building or structure, and use or occupancy of all buildings and structure and parts 12 
of them; 13 
(2) The rehabilitation and maintenance of existing buildings; 14 
(3) The standards or requirements for materials to be used in connection with buildings and 15 
structures, including but not limited for safety, ingress and egress, energy conservation, and sanitary 16 
conditions; 17 
(4) The establishment of reasonable fees for the issuance of licenses and permits in 18 
connection with buildings and structures; 19   
 
 
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(5) The establishment and maintenance of an electronic permitting platform and regulations 1 
related to the use of the platform for use in all matters related to the applications and review for 2 
state and local building permits, municipal zoning applications, municipal planning applications, 3 
applications and permits for the department of environmental management, applications and 4 
permits for the department of transportation and applications and permits for the coastal resources 5 
management council. 6 
Except as those matters are otherwise provided for in the general laws or in the rules and 7 
regulations authorized for promulgation under the provisions of this code. 8 
23-27.3-108.2. Duties of the state building code commissioner. [Effective January 1, 9 
2025.] 10 
(a) The state building code commissioner shall have the authority to enforce and perform 11 
the duties required by the state building code, chapter 27.3 of this title, and all codes referenced 12 
therein and adopted thereunder, and all other provisions of the general laws and public laws insofar 13 
as such powers and duties relate to building codes and building inspection; provided, however, that 14 
for the purposes of this section structures constituting tents and/or membrane frame structures as 15 
defined in this state building code and any regulations promulgated hereunder shall be subject to 16 
an annual certification process to be established by the state building commissioner in conjunction 17 
with the state fire marshal and shall not be subject to recurring permit and fee requirements as 18 
otherwise required by this code. 19 
(b) The state building code commissioner shall work to standardize building code 20 
interpretations across the state with input from the Rhode Island League of Cities and Towns and 21 
ensure consistent enforcement of the code throughout the state. 22 
(c) Permit fees. Permit fees for the projects construction under this chapter shall be 23 
established by the committee. The fees shall be deposited as general revenues. 24 
(d)(1) Building permit fees. The state building official or the local cities and towns, as 25 
applicable, shall charge each permit applicant an additional one-tenth percent (0.1%) levy of the 26 
total construction cost for each commercial permit issued, and two-tenths percent (0.2%) levy of 27 
the total construction cost for each residential permit issued. The levy shall be limited to a 28 
maximum of one hundred dollars ($100) for each of the permits issued for one- and two-family (2) 29 
dwellings. This additional levy shall be transmitted monthly to the state building office at the 30 
department of business regulation; and 31 
(i) Fifty percent (50%) of this additional levy on residential permits and one hundred 32 
percent (100%) of this additional levy on commercial permits shall be used to staff and support the 33 
purchase or lease and operation of a web-accessible service and/or system to be utilized by the state 34   
 
 
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and municipalities for uniform, statewide electronic plan review, permit management, and 1 
inspection system and other programs described in this chapter. This portion of the fee levy shall 2 
be deposited as general revenues. 3 
(ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to 4 
the department of labor and training and shall be deposited into the contractor training restricted 5 
receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. 6 
Subject to appropriation by the general assembly, these funds shall be used to provide contractor 7 
training grants for programs that shall include, but are not limited to, minority business enterprises 8 
and state local building officials. 9 
(2) Fees for electronic permitting from other state agencies and cities and towns. The local 10 
cities and towns and any state agency utilizing the electronic permitting platform, except as set 11 
forth in this section, shall charge each applicant in accordance with §§ 42-13-10, 42-17.1-46, 45-12 
23-36.1, 45-24-58.1, 45-53-16 and 46-23-47 as applicable. 13 
(d) Electronic permitting. 14 
(1) For purposes of this section, "electronic permitting" means the use of computer-based 15 
tools and services through a platform which automates and streamlines the application and permit 16 
process to include, but not be limited to, task-specific tools for applications, submission of plans, 17 
checklists, reports and other documents, reviews, permitting, scheduling, review and project 18 
tracking, comments from staff and committees, fee calculation and collection; and workflow and 19 
report management  20 
(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 21 
process for electronic plan review, permit management, and inspection. The process shall include, 22 
but not be limited to: applications; submission of building plans and plans for developments and 23 
plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation 24 
and collections; and workflow and report management. 25 
(3) On or before December 1, 2013, the building commissioner, with the assistance of the 26 
office of regulatory reform, shall implement the standard statewide process for electronic plan 27 
review, permit management, and inspection. In addition, the building commissioner shall develop 28 
a technology and implementation plan for a standard web-accessible service or system to be utilized 29 
by the state and municipalities for uniform, statewide electronic plan review, permit management, 30 
and inspection for building permits. The plan shall include, but not be limited to: applications; 31 
submission of building plans and plans for developments and plots; plan review; permitting; 32 
inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow 33 
and report management. 34   
 
 
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(4) The building commissioner, with the assistance of the office of regulatory reform, shall 1 
implement the standard statewide process for electronic permitting to be utilized pursuant to this 2 
section and §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1, 45-53-16 and 46-23-3 
27. In addition, the building commissioner shall develop a technology and implementation plan for 4 
one standard web-accessible service or system to be utilized by the state and municipalities for 5 
these purposes and shall cause the purchase or lease and operation of one web-accessible service 6 
and/or system to be utilized by the state and municipalities for electronic permitting (“electronic 7 
permitting platform”). 8 
(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 9 
process for electronic plan review, permit management, and inspection. The process shall include, 10 
but not be limited to: applications; submission of building plans and plans for developments and 11 
plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation 12 
and collections; and workflow and report management. 13 
(3) On or before December 1, 2013, the building commissioner, with the assistance of the 14 
office of regulatory reform, shall implement the standard statewide process for electronic plan 15 
review, permit management, and inspection. In addition, the building commissioner shall develop 16 
a technology and implementation plan for a standard web-accessible service or system to be utilized 17 
by the state and municipalities for uniform, statewide electronic plan review, permit management, 18 
and inspection. The plan shall include, but not be limited to: applications; submission of building 19 
plans and plans for developments and plots; plan review; permitting; inspections; inspection 20 
scheduling; project tracking; fee calculation and collections; and workflow and report management. 21 
(e)The building commissioner shall, upon request by any state contractor described in § 22 
37-2-38.1, review, and when all conditions for certification have been met, certify to the state 23 
controller that the payment conditions contained in § 37-2-38.1 have been met. 24 
(f)The building commissioner shall coordinate the development and implementation of this 25 
section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before 26 
January 1, 2022, the building commissioner shall promulgate rules and regulations to implement 27 
the provisions of this section and §§ 23-27.3-115.6, 42-13-10, 42-17.1-46, 45-23-36.1, 45-24-58.1, 28 
45-53-16, and 46-23-27. 29 
(g) The building commissioner shall submit, in coordination with the state fire marshal, a 30 
report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, 31 
providing the status of the web-accessible service and/or system implementation and any 32 
recommendations for process or system improvement. In every report submitted on or after April, 33 
2024, the building commissioner shall provide the following information: 34   
 
 
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(1) The identity of every municipality in full compliance with the provisions § 23-27.3-1 
115.6 and the rules and regulations promulgated pursuant to the provisions of this section; 2 
(2) The identity of every municipality failing to fully implement and comply with the 3 
provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the 4 
provisions of this section, and the nature, extent, and basis or reason for the failure or 5 
noncompliance; and 6 
(3) Recommendations to achieve compliance by all municipalities with the provisions of § 7 
23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. 8 
(h)The building commissioner shall assist with facilitating the goals and objectives set forth 9 
in § 28-42-84(a)(9). 10 
(i) The state building code commissioner shall serve as the executive secretary to the state 11 
building code standards committee. 12 
(j) In addition to the state building code commissioner’s other duties as set forth in this 13 
chapter, and notwithstanding the same, the state building code commissioner and the 14 
commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the 15 
state building code in a municipality where there is no local building official or alternate as detailed 16 
in § 23-27.3-107.2, or where there are no local building inspectors. 17 
SECTION 2. Section 45-23-36.1 of the General Laws in Chapter 45-23 entitled 18 
"Subdivision of Land" is hereby amended to read as follows: 19 
45-23-36.1. Electronic permitting. 20 
(a) On or before October 1, 2025, every municipality in the state shall adopt and implement 21 
the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all 22 
development applications filed under this chapter. For purposes of this section, “electronic 23 
permitting” means use of computer-based tools and services that automate and streamline the 24 
application process to include, but not be limited to, task-specific tools for: applications; submission 25 
of plans; completed checklists and checklist documents; reports; plan review; permitting; 26 
scheduling; certificates of completeness and incompleteness; supplemental submissions; project 27 
tracking; staff and technical review committee comments; fee calculation and collection. 28 
(b) The state building commissioner, with the assistance of the office of regulatory reform 29 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 30 
promulgate rules and regulations to implement the provisions of this section. 31 
(c) The local towns and cities shall charge each applicant an additional one-tenth of one 32 
percent (.001%) of the total application fee for each application submitted. This additional amount 33 
shall be transmitted monthly to the state building office at the department of business regulation, 34   
 
 
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and shall be used to staff and support the purchase or lease and operation of one web-accessible 1 
service and/or system to be utilized by the state and municipalities for the uniform, statewide 2 
electronic submission, review and processing of development applications as set forth in this 3 
section. 4 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 5 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 6 
process shall be conducted by means of electronic permitting.  7 
(e) The department of business regulation shall reimburse annual fees and costs associated 8 
with compliance with this program in accordance with procedures established by the department. 9 
SECTION 3. Section 45-24-58.1 of the General Laws in Chapter 45-24 entitled "Zoning 10 
Ordinances" is hereby amended to read as follows: 11 
45-24-58.1. Electronic permitting. 12 
(a) On or before October 1, 2025, every municipality in the state shall adopt and implement 13 
the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all 14 
development applications under this chapter. For purposes of this section, “electronic permitting” 15 
means use of computer-based tools and services that automate and streamline the application 16 
process to include, but not be limited to, task-specific tools for: applications; submission of plans; 17 
completed checklists and checklist documents; reports; plan review; permitting; scheduling; project 18 
tracking; staff and technical review committee comments; fee calculation and collection. 19 
(b) The state building commissioner, with the assistance of the office of regulatory reform 20 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 21 
promulgate rules and regulations to implement the provisions of this section. 22 
(c) The local towns and cities shall charge each applicant an additional one-tenth of one 23 
percent (.001%) of the total application fee for each application submitted. This additional amount 24 
shall be transmitted monthly to the state building office at the department of business regulation, 25 
and shall be used to staff and support the purchase or lease and operation of one web-accessible 26 
service and/or system to be utilized by the state and municipalities for the uniform, statewide 27 
electronic submission, review and processing of development applications as set forth in this 28 
section. 29 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 30 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 31 
process shall be conducted by means of electronic permitting.  32 
(e) The department of business regulation shall reimburse annual fees and costs associated 33 
with compliance with this program in accordance with procedures established by the department. 34   
 
 
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SECTION 4. Section 45-53-16 of the General Laws in Chapter 45-53 entitled "Low and 1 
Moderate Income Housing" is hereby amended to read as follows: 2 
45-53-16. Electronic permitting. 3 
(a) On or before October 1, 2025, every municipality in the state shall adopt and implement 4 
the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all 5 
development applications under this chapter. For purposes of this section, “electronic permitting” 6 
means use of computer-based tools and services that automate and streamline the application 7 
process to include, but not be limited to, task-specific tools for: applications; submission of plans; 8 
completed checklists and checklist documents; reports; plan review; permitting; scheduling; project 9 
tracking; staff and technical review committee comments; fee calculation and collection. 10 
(b) The state building commissioner, with the assistance of the office of regulatory reform 11 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 12 
promulgate rules and regulations to implement the provisions of this section. 13 
(c) The local towns and cities shall charge each applicant an additional one-tenth of one 14 
percent (.001%) of the total application fee for each application submitted. This additional amount 15 
shall be transmitted monthly to the state building office at the department of business regulation, 16 
and shall be used to staff and support the purchase or lease and operation of one web-accessible 17 
service and/or system to be utilized by the state and municipalities for the uniform, statewide 18 
electronic submission, review and processing of development applications as set forth in this 19 
section. 20 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 21 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 22 
process shall be conducted by means of electronic permitting. 23 
(e) The department of business regulation shall reimburse annual fees and costs associated 24 
with compliance with this program in accordance with procedures established by the department. 25 
SECTION 5. Section 23-27.3-100.1.1 of the General Laws in Chapter 23-27.3 entitled 26 
"State Building Code" is hereby repealed. 27 
23-27.3-100.1.1. Chapter title — Applicability. 28 
This chapter shall be known as the Rhode Island State Building Code hereinafter referred 29 
to as this code. This chapter shall control: 30 
(1) The construction, reconstruction, alteration, repair, demolition, removal, inspection, 31 
issuance, and revocation of permits or licenses, installation of equipment, classification and 32 
definition of any building or structure, and use or occupancy of all buildings and structure and parts 33 
thereof; 34   
 
 
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(2) The rehabilitation and maintenance of existing buildings; 1 
(3) The standards or requirements for materials to be used in connection therewith, 2 
including, but not limited, for safety, ingress and egress, energy conservation, and sanitary 3 
conditions; 4 
(4) The establishment of reasonable fees for the issuance of licenses and permits in 5 
connection therewith; 6 
except as such matters are otherwise provided for in the general laws, or in the rules and 7 
regulations authorized for promulgation under the provisions of this code. 8 
SECTION 6. Chapter 42-13 of the General Laws entitled "Department of Transportation" 9 
is hereby amended by adding thereto the following section: 10 
42-13-10. Electronic Permitting.     11 
(a) On or before October 1, 2026, the department of transportation shall adopt and 12 
implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for 13 
all applications filed under this chapter. For purposes of this section, “electronic permitting” means 14 
use of computer-based tools and services that automate and streamline the application process to 15 
include, but not be limited to, task-specific tools for: applications; submission of plans; documents; 16 
reports; plan review; permitting; scheduling; supplemental submissions; project tracking; staff and 17 
committee comments; fee calculation and collection. 18 
(b) The state building commissioner, with the assistance of the office of regulatory reform 19 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 20 
promulgate rules and regulations to implement the provisions of this section. 21 
(c) The department of transportation shall charge each applicant an additional one-tenth of 22 
one percent (.001%) of the total application fee for each application submitted. This additional 23 
amount shall be transmitted monthly to the state building office and shall be used to staff and 24 
support the purchase or lease and operation of one web-accessible service and/or system to be 25 
utilized for the uniform, statewide electronic submission, review and processing of applications for 26 
permits and approvals. 27 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 28 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 29 
process shall be conducted by means of electronic permitting. 30 
SECTION 7. Chapter 42-17.1 of the General Laws entitled "Department of Environmental 31 
Management" is hereby amended by adding thereto the following section: 32 
42-17.1-46. Electronic Permitting.     33 
(a) On or before October 1, 2026, the department of environmental management shall adopt 34   
 
 
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and implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize 1 
for all applications filed under this chapter. For purposes of this section, “electronic permitting” 2 
means use of computer-based tools and services that automate and streamline the application 3 
process to include, but not be limited to, task-specific tools for: applications; submission of plans; 4 
documents; reports; plan review; permitting; scheduling; supplemental submissions; project 5 
tracking; staff and committee comments; fee calculation and collection. 6 
(b) The state building commissioner, with the assistance of the office of regulatory reform 7 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 8 
promulgate rules and regulations to implement the provisions of this section. 9 
(c) The department of environmental management shall charge each applicant an additional 10 
one-tenth of one percent (.001%) of the total application fee for each application submitted. This 11 
additional amount shall be transmitted monthly to the state building office and shall be used to staff 12 
and support the purchase or lease and operation of one web-accessible service and/or system to be 13 
utilized for the uniform, statewide electronic submission, review and processing of applications for 14 
permits and approvals. 15 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 16 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 17 
process shall be conducted by means of electronic permitting.  18 
SECTION 8. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 19 
Council" is hereby amended by adding thereto the following section: 20 
46-23-27. Electronic Permitting.     21 
(a) On or before October 1, 2026, the coastal resources management council shall adopt 22 
and implement the electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize 23 
for all applications filed under this chapter. For purposes of this section, “electronic permitting” 24 
means use of computer-based tools and services that automate and streamline the application 25 
process to include, but not be limited to, task-specific tools for: applications; submission of plans; 26 
documents; reports; plan review; permitting; scheduling; supplemental submissions; project 27 
tracking; staff and committee comments; fee calculation and collection. 28 
(b) The state building commissioner, with the assistance of the office of regulatory reform 29 
and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may 30 
promulgate rules and regulations to implement the provisions of this section. 31 
(c) The coastal resources management council shall charge each applicant an additional 32 
one-tenth of one percent (.001%) of the total application fee for each application submitted. This 33 
additional amount shall be transmitted monthly to the state building office and shall be used to staff 34   
 
 
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and support the purchase or lease and operation of one web-accessible service and/or system to be 1 
utilized for the uniform, statewide electronic submission, review and processing of applications for 2 
permits and approvals. 3 
(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to 4 
the contrary, all acts, requirements, filings, and documents necessary to comply with the application 5 
process shall be conducted by means of electronic permitting. 6 
(e) The department of business regulation shall reimburse annual fees and costs associated 7 
with compliance with this program in accordance with procedures established by the department. 8 
SECTION 9. This act shall take effect upon passage. 9 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE 
***
This act would provide for the establishment and operation of an electronic permitting 1 
platform for all state and local permitting. 2 
This act would take effect upon passage. 3 
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LC002163 
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