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5 | 5 | | 2025 -- S 0978 |
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6 | 6 | | ======== |
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7 | 7 | | LC001521 |
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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: Senators Britto, McKenney, Ciccone, Felag, Murray, Patalano, and |
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17 | 17 | | Thompson |
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18 | 18 | | Date Introduced: April 16, 2025 |
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19 | 19 | | Referred To: Senate Housing & Municipal Government |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State 1 |
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24 | 24 | | Building Code" is hereby amended to read as follows: 2 |
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25 | 25 | | 23-27.3-108.2. Duties of the state building code commissioner. [Effective January 1, 3 |
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26 | 26 | | 2025.] 4 |
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27 | 27 | | (a) The state building code commissioner shall have the authority to enforce and perform 5 |
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28 | 28 | | the duties required by the state building code, chapter 27.3 of this title, and all codes referenced 6 |
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29 | 29 | | therein and adopted thereunder, and all other provisions of the general laws and public laws insofar 7 |
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30 | 30 | | as such powers and duties relate to building codes and building inspection; provided, however, that 8 |
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31 | 31 | | for the purposes of this section structures constituting tents and/or membrane frame structures as 9 |
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32 | 32 | | defined in this state building code and any regulations promulgated hereunder shall be subject to 10 |
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33 | 33 | | an annual certification process to be established by the state building commissioner in conjunction 11 |
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34 | 34 | | with the state fire marshal and shall not be subject to recurring permit and fee requirements as 12 |
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35 | 35 | | otherwise required by this code. 13 |
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36 | 36 | | (b) The state building code commissioner shall work to standardize building code 14 |
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37 | 37 | | interpretations across the state with input from the Rhode Island League of Cities and Towns and 15 |
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38 | 38 | | ensure consistent enforcement of the code throughout the state. 16 |
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39 | 39 | | (c) Permit fees for the projects shall be established by the committee. The fees shall be 17 |
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40 | 40 | | deposited as general revenues. 18 |
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41 | 41 | | (d)(1) The local cities and towns shall charge each permit applicant an additional one-tenth 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001521 - Page 2 of 5 |
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45 | 45 | | percent (0.1%) levy of the total construction cost for each commercial permit issued, and two-tenths 1 |
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46 | 46 | | percent (0.2%) levy of the total construction cost for each residential permit issued. The levy shall 2 |
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47 | 47 | | be limited to a maximum of one hundred dollars ($100) for each of the permits issued for one- and 3 |
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48 | 48 | | two-family (2) dwellings. This additional levy shall be transmitted monthly to the state building 4 |
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49 | 49 | | office at the department of business regulation; and 5 |
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50 | 50 | | (i) Fifty percent (50%) of this additional levy on residential permits and one hundred 6 |
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51 | 51 | | percent (100%) of this additional levy on commercial permits shall be used to staff and support the 7 |
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52 | 52 | | purchase or lease and operation of a web-accessible service and/or system to be utilized by the state 8 |
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53 | 53 | | and municipalities for uniform, statewide electronic plan submission, review, permit management, 9 |
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54 | 54 | | and inspection system and other programs described in this chapter. This portion of the fee levy 10 |
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55 | 55 | | shall be deposited as general revenues. 11 |
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56 | 56 | | (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to 12 |
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57 | 57 | | the department of labor and training and shall be deposited into the contractor training restricted 13 |
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58 | 58 | | receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. 14 |
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59 | 59 | | Subject to appropriation by the general assembly, these funds shall be used to provide contractor 15 |
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60 | 60 | | training grants for programs that shall include, but are not limited to, minority business enterprises 16 |
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61 | 61 | | and state local building officials. 17 |
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62 | 62 | | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide 18 |
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63 | 63 | | process for electronic plan submission, review, permit management, and inspection. The process 19 |
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64 | 64 | | shall include, but not be limited to: applications a uniform application; submission of building plans 20 |
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65 | 65 | | and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; 21 |
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66 | 66 | | project tracking; fee calculation and collections; and workflow and report management. 22 |
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67 | 67 | | (3) On or before December 1, 2013, the building commissioner, with the assistance of the 23 |
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68 | 68 | | office of regulatory reform, shall implement the standard statewide process for electronic plan 24 |
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69 | 69 | | submission, review, permit management, and inspection. In addition, the building commissioner 25 |
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70 | 70 | | shall develop a technology and implementation plan for a standard web-accessible service or 26 |
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71 | 71 | | system to be utilized by the state and municipalities for uniform, statewide electronic plan 27 |
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72 | 72 | | submission, review, permit management, and inspection. The plan shall include, but not be limited 28 |
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73 | 73 | | to: applications a uniform application; submission of building plans and plans for developments 29 |
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74 | 74 | | and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee 30 |
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75 | 75 | | calculation and collections; and workflow and report management. 31 |
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76 | 76 | | (e) The building commissioner shall, upon request by any state contractor described in § 32 |
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77 | 77 | | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state 33 |
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78 | 78 | | controller that the payment conditions contained in § 37-2-38.1 have been met. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001521 - Page 3 of 5 |
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82 | 82 | | (f) The building commissioner shall coordinate the development and implementation of 1 |
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83 | 83 | | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before 2 |
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84 | 84 | | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement 3 |
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85 | 85 | | the provisions of this section and § 23-27.3-115.6. 4 |
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86 | 86 | | (g) The building commissioner shall submit, in coordination with the state fire marshal, a 5 |
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87 | 87 | | report to the governor and general assembly on or before April 1, 2013, and each April 1 thereafter, 6 |
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88 | 88 | | providing the status of the web-accessible service and/or system implementation and any 7 |
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89 | 89 | | recommendations for process or system improvement. In every report submitted on or after April, 8 |
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90 | 90 | | 2024, the building commissioner shall provide the following information: 9 |
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91 | 91 | | (1) The identity of every municipality in full compliance with the provisions § 23-27.3-10 |
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92 | 92 | | 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; 11 |
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93 | 93 | | (2) The identity of every municipality failing to fully implement and comply with the 12 |
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94 | 94 | | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the 13 |
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95 | 95 | | provisions of this section, and the nature, extent, and basis or reason for the failure or 14 |
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96 | 96 | | noncompliance; and 15 |
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97 | 97 | | (3) Recommendations to achieve compliance by all municipalities with the provisions of § 16 |
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98 | 98 | | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. 17 |
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99 | 99 | | (h) The building commissioner shall assist with facilitating the goals and objectives set 18 |
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100 | 100 | | forth in § 28-42-84(a)(9). 19 |
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101 | 101 | | (i) The state building code commissioner shall serve as the executive secretary to the state 20 |
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102 | 102 | | building code standards committee. 21 |
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103 | 103 | | (j) In addition to the state building code commissioner’s other duties as set forth in this 22 |
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104 | 104 | | chapter, and notwithstanding the same, the state building code commissioner and the 23 |
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105 | 105 | | commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the 24 |
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106 | 106 | | state building code in a municipality where there is no local building official or alternate as detailed 25 |
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107 | 107 | | in § 23-27.3-107.2, or where there are no local building inspectors. 26 |
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108 | 108 | | SECTION 2. Chapter 42-14 of the General Laws entitled "Department of Business 27 |
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109 | 109 | | Regulation" is hereby amended by adding thereto the following section: 28 |
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110 | 110 | | 42-14-20. Uniform electronic permitting. 29 |
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111 | 111 | | (a) In conjunction with implementing electronic permitting for construction permits and 30 |
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112 | 112 | | development applications pursuant to §§ 23-27.3-115.6, 45-23-36.1, and 45-24-58.1, the state 31 |
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113 | 113 | | building commissioner shall, with the assistance of the office of regulatory reform, adopt and 32 |
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114 | 114 | | implement electronic permitting for any other category of state or local permit authorized under 33 |
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115 | 115 | | state law and that the commissioner deems to significantly impact the expediency of construction 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC001521 - Page 4 of 5 |
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119 | 119 | | and development. The commissioner shall develop a schedule identifying state and local permits 1 |
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120 | 120 | | to migrate to electronic permitting under this section. 2 |
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121 | 121 | | (b) For purposes of this section, “electronic permitting” means use of computer-based tools 3 |
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122 | 122 | | and services that automate and streamline the application process to include, but not be limited to, 4 |
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123 | 123 | | task-specific tools for: applications; submission of plans; completed checklists and checklist 5 |
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124 | 124 | | documents; reports; plan review; permitting; scheduling; project tracking; staff and technical 6 |
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125 | 125 | | review committee comments; fee calculation and collection. 7 |
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126 | 126 | | (c) The state building commissioner pursuant to the provisions of § 23-27.3-108.2 may 8 |
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127 | 127 | | promulgate rules and regulations to implement the provisions of this section. 9 |
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128 | 128 | | (d) For any category of permit designated to migrate to electronic permitting, the state 10 |
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129 | 129 | | agency or local municipality issuing the permit shall charge each applicant an additional one-tenth 11 |
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130 | 130 | | of one percent (.01%) of the total application fee for each application submitted. This additional 12 |
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131 | 131 | | amount shall be transmitted monthly to the state building office at the department of business 13 |
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132 | 132 | | regulation and shall be used to staff and support the purchase or lease and operation of one web-14 |
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133 | 133 | | accessible service and/or system to be utilized by the state and municipalities for the uniform, 15 |
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134 | 134 | | statewide electronic submission, review and processing of permit applications as set forth in this 16 |
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135 | 135 | | section. 17 |
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136 | 136 | | (e) All acts, requirements, filings, and documents necessary to comply with the permit 18 |
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137 | 137 | | process for a category of permits designated by the state builder commissioner to migrate to 19 |
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138 | 138 | | electronic permitting shall be conducted by means of electronic permitting according to the 20 |
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139 | 139 | | timetable set forth by the commissioner unless granted a further extension at the commissioner’s 21 |
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140 | 140 | | discretion. 22 |
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141 | 141 | | (f) The department of business regulation shall reimburse annual fees and costs associated 23 |
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142 | 142 | | with compliance with this program in accordance with procedures established by the department. 24 |
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143 | 143 | | (g) All departments, offices, boards and agencies of the state shall cooperate with the state 25 |
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144 | 144 | | building commissioner and furnish such administrative and staff support, advice, information, 26 |
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145 | 145 | | documents and otherwise, data and data analysis and other support as may be necessary or desirable 27 |
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146 | 146 | | to implement this section. 28 |
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147 | 147 | | SECTION 3. This act shall take effect upon passage. 29 |
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148 | 148 | | ======== |
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149 | 149 | | LC001521 |
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150 | 150 | | ======== |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | LC001521 - Page 5 of 5 |
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154 | 154 | | EXPLANATION |
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155 | 155 | | BY THE LEGISLATIVE COUNCIL |
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156 | 156 | | OF |
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157 | 157 | | A N A C T |
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158 | 158 | | RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE |
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159 | 159 | | *** |
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160 | 160 | | This act would require the state building commissioner to implement electronic permitting 1 |
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161 | 161 | | for any category of state or local permit authorized under state law to significantly impact the 2 |
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162 | 162 | | expediency of construction and development. 3 |
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163 | 163 | | This act would take effect upon passage. 4 |
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164 | 164 | | ======== |
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165 | 165 | | LC001521 |
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166 | 166 | | ======== |
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167 | 167 | | |
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