Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0978 Compare Versions

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55 2025 -- S 0978
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE
1616 Introduced By: Senators Britto, McKenney, Ciccone, Felag, Murray, Patalano, and
1717 Thompson
1818 Date Introduced: April 16, 2025
1919 Referred To: Senate Housing & Municipal Government
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State 1
2424 Building Code" is hereby amended to read as follows: 2
2525 23-27.3-108.2. Duties of the state building code commissioner. [Effective January 1, 3
2626 2025.] 4
2727 (a) The state building code commissioner shall have the authority to enforce and perform 5
2828 the duties required by the state building code, chapter 27.3 of this title, and all codes referenced 6
2929 therein and adopted thereunder, and all other provisions of the general laws and public laws insofar 7
3030 as such powers and duties relate to building codes and building inspection; provided, however, that 8
3131 for the purposes of this section structures constituting tents and/or membrane frame structures as 9
3232 defined in this state building code and any regulations promulgated hereunder shall be subject to 10
3333 an annual certification process to be established by the state building commissioner in conjunction 11
3434 with the state fire marshal and shall not be subject to recurring permit and fee requirements as 12
3535 otherwise required by this code. 13
3636 (b) The state building code commissioner shall work to standardize building code 14
3737 interpretations across the state with input from the Rhode Island League of Cities and Towns and 15
3838 ensure consistent enforcement of the code throughout the state. 16
3939 (c) Permit fees for the projects shall be established by the committee. The fees shall be 17
4040 deposited as general revenues. 18
4141 (d)(1) The local cities and towns shall charge each permit applicant an additional one-tenth 19
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4545 percent (0.1%) levy of the total construction cost for each commercial permit issued, and two-tenths 1
4646 percent (0.2%) levy of the total construction cost for each residential permit issued. The levy shall 2
4747 be limited to a maximum of one hundred dollars ($100) for each of the permits issued for one- and 3
4848 two-family (2) dwellings. This additional levy shall be transmitted monthly to the state building 4
4949 office at the department of business regulation; and 5
5050 (i) Fifty percent (50%) of this additional levy on residential permits and one hundred 6
5151 percent (100%) of this additional levy on commercial permits shall be used to staff and support the 7
5252 purchase or lease and operation of a web-accessible service and/or system to be utilized by the state 8
5353 and municipalities for uniform, statewide electronic plan submission, review, permit management, 9
5454 and inspection system and other programs described in this chapter. This portion of the fee levy 10
5555 shall be deposited as general revenues. 11
5656 (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to 12
5757 the department of labor and training and shall be deposited into the contractor training restricted 13
5858 receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. 14
5959 Subject to appropriation by the general assembly, these funds shall be used to provide contractor 15
6060 training grants for programs that shall include, but are not limited to, minority business enterprises 16
6161 and state local building officials. 17
6262 (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 18
6363 process for electronic plan submission, review, permit management, and inspection. The process 19
6464 shall include, but not be limited to: applications a uniform application; submission of building plans 20
6565 and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; 21
6666 project tracking; fee calculation and collections; and workflow and report management. 22
6767 (3) On or before December 1, 2013, the building commissioner, with the assistance of the 23
6868 office of regulatory reform, shall implement the standard statewide process for electronic plan 24
6969 submission, review, permit management, and inspection. In addition, the building commissioner 25
7070 shall develop a technology and implementation plan for a standard web-accessible service or 26
7171 system to be utilized by the state and municipalities for uniform, statewide electronic plan 27
7272 submission, review, permit management, and inspection. The plan shall include, but not be limited 28
7373 to: applications a uniform application; submission of building plans and plans for developments 29
7474 and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee 30
7575 calculation and collections; and workflow and report management. 31
7676 (e) The building commissioner shall, upon request by any state contractor described in § 32
7777 37-2-38.1, review, and when all conditions for certification have been met, certify to the state 33
7878 controller that the payment conditions contained in § 37-2-38.1 have been met. 34
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8282 (f) The building commissioner shall coordinate the development and implementation of 1
8383 this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before 2
8484 January 1, 2022, the building commissioner shall promulgate rules and regulations to implement 3
8585 the provisions of this section and § 23-27.3-115.6. 4
8686 (g) The building commissioner shall submit, in coordination with the state fire marshal, a 5
8787 report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, 6
8888 providing the status of the web-accessible service and/or system implementation and any 7
8989 recommendations for process or system improvement. In every report submitted on or after April, 8
9090 2024, the building commissioner shall provide the following information: 9
9191 (1) The identity of every municipality in full compliance with the provisions § 23-27.3-10
9292 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; 11
9393 (2) The identity of every municipality failing to fully implement and comply with the 12
9494 provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the 13
9595 provisions of this section, and the nature, extent, and basis or reason for the failure or 14
9696 noncompliance; and 15
9797 (3) Recommendations to achieve compliance by all municipalities with the provisions of § 16
9898 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. 17
9999 (h) The building commissioner shall assist with facilitating the goals and objectives set 18
100100 forth in § 28-42-84(a)(9). 19
101101 (i) The state building code commissioner shall serve as the executive secretary to the state 20
102102 building code standards committee. 21
103103 (j) In addition to the state building code commissioner’s other duties as set forth in this 22
104104 chapter, and notwithstanding the same, the state building code commissioner and the 23
105105 commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the 24
106106 state building code in a municipality where there is no local building official or alternate as detailed 25
107107 in § 23-27.3-107.2, or where there are no local building inspectors. 26
108108 SECTION 2. Chapter 42-14 of the General Laws entitled "Department of Business 27
109109 Regulation" is hereby amended by adding thereto the following section: 28
110110 42-14-20. Uniform electronic permitting. 29
111111 (a) In conjunction with implementing electronic permitting for construction permits and 30
112112 development applications pursuant to §§ 23-27.3-115.6, 45-23-36.1, and 45-24-58.1, the state 31
113113 building commissioner shall, with the assistance of the office of regulatory reform, adopt and 32
114114 implement electronic permitting for any other category of state or local permit authorized under 33
115115 state law and that the commissioner deems to significantly impact the expediency of construction 34
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119119 and development. The commissioner shall develop a schedule identifying state and local permits 1
120120 to migrate to electronic permitting under this section. 2
121121 (b) For purposes of this section, “electronic permitting” means use of computer-based tools 3
122122 and services that automate and streamline the application process to include, but not be limited to, 4
123123 task-specific tools for: applications; submission of plans; completed checklists and checklist 5
124124 documents; reports; plan review; permitting; scheduling; project tracking; staff and technical 6
125125 review committee comments; fee calculation and collection. 7
126126 (c) The state building commissioner pursuant to the provisions of § 23-27.3-108.2 may 8
127127 promulgate rules and regulations to implement the provisions of this section. 9
128128 (d) For any category of permit designated to migrate to electronic permitting, the state 10
129129 agency or local municipality issuing the permit shall charge each applicant an additional one-tenth 11
130130 of one percent (.01%) of the total application fee for each application submitted. This additional 12
131131 amount shall be transmitted monthly to the state building office at the department of business 13
132132 regulation and shall be used to staff and support the purchase or lease and operation of one web-14
133133 accessible service and/or system to be utilized by the state and municipalities for the uniform, 15
134134 statewide electronic submission, review and processing of permit applications as set forth in this 16
135135 section. 17
136136 (e) All acts, requirements, filings, and documents necessary to comply with the permit 18
137137 process for a category of permits designated by the state builder commissioner to migrate to 19
138138 electronic permitting shall be conducted by means of electronic permitting according to the 20
139139 timetable set forth by the commissioner unless granted a further extension at the commissioner’s 21
140140 discretion. 22
141141 (f) The department of business regulation shall reimburse annual fees and costs associated 23
142142 with compliance with this program in accordance with procedures established by the department. 24
143143 (g) All departments, offices, boards and agencies of the state shall cooperate with the state 25
144144 building commissioner and furnish such administrative and staff support, advice, information, 26
145145 documents and otherwise, data and data analysis and other support as may be necessary or desirable 27
146146 to implement this section. 28
147147 SECTION 3. This act shall take effect upon passage. 29
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154154 EXPLANATION
155155 BY THE LEGISLATIVE COUNCIL
156156 OF
157157 A N A C T
158158 RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE
159159 ***
160160 This act would require the state building commissioner to implement electronic permitting 1
161161 for any category of state or local permit authorized under state law to significantly impact the 2
162162 expediency of construction and development. 3
163163 This act would take effect upon passage. 4
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