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| 5 | 5 | | 2025 -- S 0714 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000994 |
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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 TOWNS AN D CITIES -- HOME-FIT DWELLING UNITS |
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| 16 | 16 | | Introduced By: Senator Jacob Bissaillon |
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| 17 | 17 | | Date Introduced: March 07, 2025 |
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| 18 | 18 | | Referred To: Senate Housing & Municipal Government |
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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. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1 |
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| 23 | 23 | | amended by adding thereto the following chapter: 2 |
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| 24 | 24 | | CHAPTER 24.8 3 |
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| 25 | 25 | | HOME-FIT DWELLING UNITS 4 |
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| 26 | 26 | | 45-24.8-1. Short title. 5 |
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| 27 | 27 | | This chapter shall be known and may be cited as “Home-Fit Dwelling Units”. 6 |
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| 28 | 28 | | 45-24.8-2. Definitions. 7 |
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| 29 | 29 | | As used in this chapter, the following terms shall have the following meanings: 8 |
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| 30 | 30 | | (1) "Accessibility" means and refers to architectural designs that promote ease of entry and 9 |
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| 31 | 31 | | increased ease of movement within a residential dwelling for residents and visitors with physical 10 |
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| 32 | 32 | | disabilities, primarily those who use mobility equipment. 11 |
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| 33 | 33 | | (2) "Authorized agency" means and includes the Rhode Island department of housing and 12 |
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| 34 | 34 | | any city or town agency or official authorized to issue building permits or building certificates of 13 |
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| 35 | 35 | | occupancy. 14 |
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| 36 | 36 | | (3) "Covered dwelling unit" means any dwelling unit that is subject to the provisions of 15 |
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| 37 | 37 | | this chapter. 16 |
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| 38 | 38 | | (4) “Design provisions” means Type A Units as defined in § 1103 of ANSI 2017 (standard 17 |
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| 39 | 39 | | for accessible and usable buildings and facilities). 18 |
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| 40 | 40 | | (5) "Director" means the director of the department of housing which is authorized to 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000994 - Page 2 of 8 |
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| 44 | 44 | | implement the provisions of this chapter. 1 |
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| 45 | 45 | | (6) "Dwelling unit" means a detached or semi-detached multi-family home, or any 2 |
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| 46 | 46 | | individual unit in a building (whether detached or attached to other buildings or structures) which 3 |
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| 47 | 47 | | is designed, or intended for occupancy, as a residence. 4 |
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| 48 | 48 | | (7) "Home-fit" means and refers to a residential dwelling that is designed and constructed 5 |
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| 49 | 49 | | in compliance with the requirements of this chapter to incorporate design features that provide safe 6 |
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| 50 | 50 | | and convenient use to the greatest extent feasible, regardless of age or physical ability. 7 |
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| 51 | 51 | | (8) "Local public financial assistance” means funding or financial assistance from a city or 8 |
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| 52 | 52 | | town adopting an ordinance pursuant to this chapter, or any agent thereof, through any of the 9 |
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| 53 | 53 | | following means: 10 |
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| 54 | 54 | | (i) Receipt of a building contract or similar contractual agreement involving a city or town 11 |
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| 55 | 55 | | program or fund; 12 |
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| 56 | 56 | | (ii) Real estate purchased, leased or donated by the city or town, or any agency thereof; 13 |
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| 57 | 57 | | (iii) Receipt of preferential tax treatment, bond assistance, mortgage assistance, or similar 14 |
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| 58 | 58 | | financial advantages derived from the city or town, or any agency thereof; 15 |
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| 59 | 59 | | (iv) Disbursement under city or town, auspices of any federal or state construction funds, 16 |
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| 60 | 60 | | including community development block grant and neighborhood stabilization program funds; and 17 |
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| 61 | 61 | | (v) Receipt of any other funding or financial benefit from the city or town, or any agency 18 |
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| 62 | 62 | | thereof. 19 |
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| 63 | 63 | | (9) "Multi-story" means a dwelling unit with finished living space located on the ground 20 |
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| 64 | 64 | | or entrance level and on the floor or floors immediately above and below it. 21 |
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| 65 | 65 | | (10) "Person" means any individual, group of individuals, business firm, corporation, 22 |
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| 66 | 66 | | partnership, nonprofit organization or other entity that is the owner or contractor of a covered 23 |
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| 67 | 67 | | dwelling unit, or otherwise responsible for the design, development or construction of a covered 24 |
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| 68 | 68 | | dwelling unit. 25 |
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| 69 | 69 | | (11) "Public financial assistance" means and includes one or more of the following state, 26 |
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| 70 | 70 | | federal, or local development subsidies used in connection with the design, development, financing 27 |
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| 71 | 71 | | or construction of a covered dwelling unit: 28 |
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| 72 | 72 | | (i) A building contract or similar contractual agreement with any state agency; 29 |
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| 73 | 73 | | (ii) Any real estate received by the owner or developer through a donation by any state 30 |
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| 74 | 74 | | agency; 31 |
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| 75 | 75 | | (iii) Any state tax credits or tax abatement; 32 |
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| 76 | 76 | | (iv) A grant, loan, loan guarantee or other assistance provided by the department of housing 33 |
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| 77 | 77 | | or other state agency; 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000994 - Page 3 of 8 |
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| 81 | 81 | | (v) A loan, loan guarantee, rental subsidy or other assistance provided by the housing 1 |
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| 82 | 82 | | finance agency; 2 |
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| 83 | 83 | | (vi) A grant, loan, rental subsidy or other assistance provided by the housing trust fund; or 3 |
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| 84 | 84 | | (vii) Any federal funds administered by the state or any state agency or department in 4 |
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| 85 | 85 | | connection with: 5 |
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| 86 | 86 | | (A) The federal low-income housing tax credit program (26 U.S.C. § 42(a)); 6 |
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| 87 | 87 | | (B) The HOME investments partnership act (42 U.S.C. § 12721 et seq.); 7 |
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| 88 | 88 | | (C) The national housing trust fund (12 U.S.C. § 4568); 8 |
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| 89 | 89 | | (D) Self-help homeownership opportunity program (SHOP) (42 U.S.C. § 12805); 9 |
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| 90 | 90 | | (E) USDA Rural Development § 502 Direct Loan Program (7 CFR, Part 3550); 10 |
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| 91 | 91 | | (F) USDA Rural Development § 502 Guaranteed Loan Program (7 CFR, Part 3555); 11 |
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| 92 | 92 | | (G) HUD § 202, supportive housing for the elderly program (24 CFR Part 891); 12 |
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| 93 | 93 | | (H) HUD § 811, Supportive Housing for Persons with Disabilities (24 CFR Part 891); or 13 |
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| 94 | 94 | | (I) 24 CFR Part 100. 14 |
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| 95 | 95 | | 45-24.8-3. Requirements. 15 |
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| 96 | 96 | | (a) Except as otherwise provided, the provisions of this chapter shall apply to all new 16 |
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| 97 | 97 | | construction, of covered dwelling units, including those receiving public financial assistance, 17 |
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| 98 | 98 | | whether intended for sale or rent, or which application for a building permit is submitted to an 18 |
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| 99 | 99 | | authorized agency after the effective date of this chapter. At a minimum, twenty-five percent (25%) 19 |
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| 100 | 100 | | of these units shall follow Type A standards. 20 |
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| 101 | 101 | | (b) For purposes of this chapter, the first-floor dwelling unit of a multi-story building that 21 |
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| 102 | 102 | | qualifies as a covered dwelling unit shall be required to comply with the dwelling unit design 22 |
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| 103 | 103 | | provisions completely while second and higher floors must be Type B adaptable units. Custom-23 |
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| 104 | 104 | | built homes shall be exempt from these requirements. 24 |
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| 105 | 105 | | (c) All dwelling units which comply with the standards adopted under this chapter may be 25 |
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| 106 | 106 | | identified as "home-fit dwelling units". 26 |
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| 107 | 107 | | (d) Nothing contained in this chapter shall require any change in design or construction of 27 |
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| 108 | 108 | | a residential dwelling unit for which a building permit had been issued prior to the effective date 28 |
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| 109 | 109 | | of this chapter, or where renewal of such building permit is approved after such effective date, 29 |
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| 110 | 110 | | provided that construction of the dwelling unit is commenced. 30 |
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| 111 | 111 | | (e) The standards set forth in this section are intended to supplement and not replace any 31 |
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| 112 | 112 | | comparable standards in existing state electrical, fire and safety codes, as well as minimum 32 |
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| 113 | 113 | | standards of the Americans with Disabilities Act and § 504 of the Rehabilitation Act. Where 33 |
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| 114 | 114 | | specific requirements or design criteria in this section differ from, or conflict with, comparable 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000994 - Page 4 of 8 |
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| 118 | 118 | | requirements or criteria in such existing standards, the design criteria of this standard shall apply. 1 |
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| 119 | 119 | | (f) Nothing in this chapter is intended to prevent the use of designs, clearances, 2 |
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| 120 | 120 | | specifications or products as alternatives to those prescribed in this section, provided they result in 3 |
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| 121 | 121 | | equivalent or greater accessibility or ease of use for potential residents, and such equivalency has 4 |
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| 122 | 122 | | been confirmed and approved by the department of housing or the applicable authorized agency. 5 |
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| 123 | 123 | | 45-24.8-4. Seller disclosure. 6 |
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| 124 | 124 | | Prior to the sale of a residential new construction home-fit dwelling unit, a seller shall 7 |
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| 125 | 125 | | provide written disclosure to a prospective buyer detailing whether the residential construction is 8 |
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| 126 | 126 | | in compliance with the standards described in § 45-24.8-3. Disclosure shall be made on a form and 9 |
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| 127 | 127 | | in a manner prescribed by the department of housing. 10 |
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| 128 | 128 | | 45-24.8-5. Exceptions. 11 |
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| 129 | 129 | | (a) Granting an exception based on a showing that full compliance with one or more design 12 |
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| 130 | 130 | | standards in § 45-24.8-3 is impractical or technically infeasible does not lessen or remove the 13 |
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| 131 | 131 | | obligation to provide for increased accessibility or other intended purposes of such standard to the 14 |
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| 132 | 132 | | greatest extent practical or feasible, nor does it remove the obligation to comply fully with all other 15 |
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| 133 | 133 | | design standards required by this chapter. 16 |
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| 134 | 134 | | (b) Any person seeking an exception from any requirement of § 45-24.8-3 shall submit a 17 |
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| 135 | 135 | | request with their building permit application, or immediately thereafter upon encountering 18 |
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| 136 | 136 | | topographic or structural difficulties that may necessitate such exception, that shall include: 19 |
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| 137 | 137 | | (1) A statement describing the exception or exceptions requested; 20 |
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| 138 | 138 | | (2) An explanation of the problems encountered that warrant each exception; and 21 |
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| 139 | 139 | | (3) Such additional information regarding topographic conditions, local codes and 22 |
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| 140 | 140 | | ordinances, construction constraints, and any other factors as may be necessary to show the need 23 |
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| 141 | 141 | | for each exception. 24 |
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| 142 | 142 | | (c) The burden of proving impracticality, infeasibility, or other justification for an 25 |
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| 143 | 143 | | exception is on the person or persons requesting such exception. 26 |
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| 144 | 144 | | 45-24.8-6. State responsibilities. 27 |
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| 145 | 145 | | (a) The director shall consult with interested parties, including home builders, lending 28 |
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| 146 | 146 | | institutions, real estate brokers, and representatives of organizations representing older persons, 29 |
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| 147 | 147 | | persons with disabilities, and consumers generally, and shall adopt such rules and regulations as 30 |
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| 148 | 148 | | necessary to implement the provisions of this chapter. 31 |
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| 149 | 149 | | (b) The director shall create an incentive program by January 1, 2026. 32 |
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| 150 | 150 | | 45-24.8-7. Implementation. 33 |
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| 151 | 151 | | (a) In connection with any application for a permit to construct a covered dwelling unit, 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000994 - Page 5 of 8 |
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| 155 | 155 | | the authorized agency shall: 1 |
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| 156 | 156 | | (1) Take such actions as appropriate to inform potential applicants, and the public 2 |
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| 157 | 157 | | generally, of the circumstances requiring inclusion of the design features required by § 45-24.8-3, 3 |
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| 158 | 158 | | in the design and construction of residential dwellings, and a description of all forms of public 4 |
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| 159 | 159 | | financial assistance that require compliance with this chapter; 5 |
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| 160 | 160 | | (2) Require that applicants include as part of any such application the following: 6 |
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| 161 | 161 | | (i) A statement acknowledging that the applicant has received information regarding the 7 |
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| 162 | 162 | | special design features required by this chapter and the types of public financial assistance requiring 8 |
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| 163 | 163 | | compliance with this chapter; 9 |
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| 164 | 164 | | (ii) A statement certifying whether any person involved in the design, commission, 10 |
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| 165 | 165 | | development, or construction of the dwelling unit has received, applied for, or will receive any 11 |
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| 166 | 166 | | public financial assistance described in § 45-24.8-2, that requires compliance with the requirements 12 |
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| 167 | 167 | | of this chapter; 13 |
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| 168 | 168 | | (iii) Where an applicant acknowledges receipt of public financial assistance, a building 14 |
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| 169 | 169 | | plan that incorporates the design features required by § 45-24.8-3; and 15 |
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| 170 | 170 | | (iv) If applicable, a request for exception in accordance with § 45-24.8-5, from one or 16 |
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| 171 | 171 | | more required design standards, as required by § 45-24.8-3. 17 |
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| 172 | 172 | | (3) Not approve an application for a permit to construct a covered dwelling unit where the 18 |
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| 173 | 173 | | proposed building plan does not comply with all required design standards of § 45-24.8-3, and 19 |
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| 174 | 174 | | where no showing for an exception has been made in compliance with § 45-24.8-5. 20 |
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| 175 | 175 | | (4) Withhold issuance of a final inspection report or certificate of occupancy upon 21 |
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| 176 | 176 | | completion of construction of a covered dwelling unit if, upon inspection, the dwelling unit is 22 |
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| 177 | 177 | | determined out of compliance with one or more design standard(s) as required by this chapter, and 23 |
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| 178 | 178 | | the owner or contractor of such dwelling unit fails to correct any deficiency necessary to bring the 24 |
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| 179 | 179 | | dwelling unit into compliance. 25 |
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| 180 | 180 | | (b) Exceptions to this section may be approved by the director if the following 26 |
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| 181 | 181 | | impractability standards are met: 27 |
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| 182 | 182 | | (1) Compliance with the requirements of § 45-24.8-3 would be technologically unfeasible; 28 |
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| 183 | 183 | | or 29 |
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| 184 | 184 | | (2) Compliance with the requirements of § 45-24.8-3 would result in excessive and 30 |
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| 185 | 185 | | unreasonable costs without any substantial benefit to persons with disabilities. 31 |
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| 186 | 186 | | (c) In connection with an application for public financial assistance to construct a covered 32 |
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| 187 | 187 | | dwelling unit, the director, shall: 33 |
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| 188 | 188 | | (1) Make available to potential applicants, and the public generally, information concerning 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000994 - Page 6 of 8 |
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| 192 | 192 | | the requirements of this chapter as part of any notice or educational material regarding the 1 |
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| 193 | 193 | | availability of such financial assistance; 2 |
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| 194 | 194 | | (2) Require that applicants include as part of any such application the following: 3 |
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| 195 | 195 | | (i) A signed affidavit that acknowledges receipt and understanding of the design and 4 |
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| 196 | 196 | | construction requirements of § 45-24.8-3, and certifies intent to comply with such requirements; 5 |
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| 197 | 197 | | (ii) A building plan that incorporates the design features required by § 45-24.8-3; and 6 |
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| 198 | 198 | | (iii) If applicable, a request for exception from one or more required design standards, as 7 |
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| 199 | 199 | | required by § 45-24.8-5; 8 |
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| 200 | 200 | | (3) Withhold approval for an application where the building plan does not comply with the 9 |
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| 201 | 201 | | required design standards of § 45-24.8-3, and no showing for an exception(s) has been made as 10 |
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| 202 | 202 | | provided in § 45-24.8-5; and 11 |
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| 203 | 203 | | (4) Take such measures as are necessary to ensure compliance with the requirements of 12 |
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| 204 | 204 | | this chapter, including requiring appropriate city or town inspectors to inspect a covered dwelling 13 |
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| 205 | 205 | | unit under construction and, if such dwelling unit is determined to be out of compliance, seeking 14 |
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| 206 | 206 | | an injunction against issuance of a certification of occupancy upon completion of construction of 15 |
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| 207 | 207 | | the dwelling unit; except that, the owner, contractor or builder of such covered dwelling unit may 16 |
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| 208 | 208 | | be provided appropriate opportunity, not to exceed sixty (60) days from the date of inspection, to 17 |
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| 209 | 209 | | correct any deficiency or incorporate any design features necessary to bring the covered dwelling 18 |
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| 210 | 210 | | unit into compliance. 19 |
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| 211 | 211 | | (d) Any person that is the owner or contractor of a covered dwelling unit, or is otherwise 20 |
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| 212 | 212 | | responsible for the design and construction of such unit, shall be deemed to have violated the 21 |
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| 213 | 213 | | requirements of this chapter if such person: 22 |
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| 214 | 214 | | (1) Provides false or inaccurate information regarding the receipt of public financial 23 |
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| 215 | 215 | | assistance, or omits other material facts or information, in an application for a building permit with 24 |
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| 216 | 216 | | an authorized agency; 25 |
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| 217 | 217 | | (2) Fails to incorporate all required design features in the construction of a covered 26 |
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| 218 | 218 | | dwelling unit, to comply with the terms of any exception to a required design feature, or to correct 27 |
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| 219 | 219 | | any deficiency to bring the covered dwelling unit into compliance; 28 |
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| 220 | 220 | | (3) Places a covered dwelling unit on the market for sale or rent without an approved 29 |
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| 221 | 221 | | certificate of occupancy; or 30 |
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| 222 | 222 | | (4) Engages in the sale or rental of a covered dwelling unit in which further construction 31 |
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| 223 | 223 | | or renovation has occurred subsequent to final inspection and issuance of a certificate of occupancy 32 |
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| 224 | 224 | | which alters or removes any design features required by § 45-24.8-3 so that the covered dwelling 33 |
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| 225 | 225 | | unit no longer complies with the requirements of this chapter. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000994 - Page 7 of 8 |
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| 229 | 229 | | (e) A violation of this chapter shall be enforced by the department of housing, or other 1 |
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| 230 | 230 | | appropriate state agency or by private right of action by any person or organization harmed by such 2 |
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| 231 | 231 | | a violation. 3 |
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| 232 | 232 | | (f) A cause of action to enforce this chapter shall accrue upon discovery of noncompliance 4 |
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| 233 | 233 | | by any person or organization, and shall be brought within three (3) years of the discovery by such 5 |
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| 234 | 234 | | person or organization of such noncompliance. 6 |
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| 235 | 235 | | (g) A court may award compensatory, actual or punitive damages, equitable relief, and 7 |
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| 236 | 236 | | reasonable costs and attorneys' fees to a person or organization that prevails in enforcing the 8 |
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| 237 | 237 | | provisions of this chapter. 9 |
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| 238 | 238 | | (h) In addition to the award of any remedy provided in subsection (g) of this section, the 10 |
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| 239 | 239 | | court shall require the violating party to bring the covered dwelling unit into compliance with the 11 |
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| 240 | 240 | | requirements of § 45-24.8-3; and may also grant the person or organization seeking to enforce this 12 |
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| 241 | 241 | | chapter the option of selecting an independent qualified contractor to perform the necessary work 13 |
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| 242 | 242 | | to bring the dwelling unit into compliance at the expense of the violating party. 14 |
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| 243 | 243 | | SECTION 2. This act shall take effect upon passage. 15 |
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| 245 | 245 | | LC000994 |
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| 249 | 249 | | LC000994 - Page 8 of 8 |
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| 250 | 250 | | EXPLANATION |
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| 251 | 251 | | BY THE LEGISLATIVE COUNCIL |
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| 252 | 252 | | OF |
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| 253 | 253 | | A N A C T |
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| 254 | 254 | | RELATING TO TOWNS AN D CITIES -- HOME-FIT DWELLING UNITS |
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| 255 | 255 | | *** |
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| 256 | 256 | | This act would create the home-fit dwelling units act to apply to all new construction of 1 |
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| 257 | 257 | | covered dwelling units to incorporate design features that provide safe and convenient use of to the 2 |
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| 258 | 258 | | greatest extent feasible, regardless of age or physical ability. 3 |
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| 259 | 259 | | This act would take effect upon passage. 4 |
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| 261 | 261 | | LC000994 |
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