2012 -- H 7318

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LC01039

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE -- NEW BUILDINGS

AND STRUCTURES

     Introduced By: Representatives Serpa, Walsh, Ruggiero, Tomasso, and Gallison

     Date Introduced: February 01, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-27.3-114.1 of the General Laws in Chapter 23-27.3 entitled

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"State Building Code" is hereby amended to read as follows:

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     23-27.3-114.1. Action on application. -- (a) The building official shall examine or cause

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to be examined all applications for permits and amendments thereto within fifteen (15) days after

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filing. Before a permit is granted for the excavation or for the erection of any building or

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structure, a written statement shall be furnished by the owner from a town or city engineer as to

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the established grades. If the application or plans do not conform to the requirements of this code

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or of all applicable laws, the building official shall reject the application citing the specific

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sections of this code or applicable law upon which the rejection is based. If the building official is

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satisfied that the proposed work conforms to the requirements of this code and all laws applicable

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thereto, he or she shall issue a permit.

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      (b) In cases where the permit application is for the construction of a new residential

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dwelling occupied by one, two (2), and/or three (3) families, the building official shall reject the

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application or issue the permit within forty-five (45) thirty (30) calendar days after the filing of

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the application. If after forty-five (45) thirty (30) calendar days the application has not been either

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rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%). The review

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period shall begin on the date when the application is filed with the building official and shall

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include any actions on the application required by subsection (a) herein, subsection 23-28.1-

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2(b)(2) and 23-28.1-6 and actions by any other departments with authority over the issuance of

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the permit.

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      (c) In cases where the permit application is for the rehabilitation of an existing

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residential dwelling occupied by one, two (2), and/or three (3) families and affecting not more

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than fifty percent (50%) of the square footage of the original dwelling, the building official shall

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reject the application or issue the permit within fifteen (15) calendar days after the filing of the

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application. If after fifteen (15) calendar days the application has not been either rejected or a

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permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this

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subsection shall apply to actions by other departments with authority over the issuance of the

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permit except in cases where the permit application requires plan review under sections 23-28.1-

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2(b)(2) and 23-28.1-6.

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      (d) In cases where the permit application is for the rehabilitation of an existing

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residential dwelling occupied by one, two (2), and/or three (3) families and affecting more than

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fifty percent (50%) of the square footage of the original dwelling, the building official shall reject

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the application or issue the permit within forty-five (45) calendar days after the filing of the

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application. If, after forty-five (45) calendar days, the application has not been either rejected or a

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permit issued, the permit fee shall be reduced by fifty percent (50%). The provisions of this

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subsection shall apply to actions by other departments with authority over the issuance of the

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permit except in cases where the permit application requires plan review under sections 23-28.1-

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2(b)(2) and 23-28.1-6.

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      (e) In cases where the permit application is for the construction of a new or existing light

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commercial building affecting not more than fifty thousand square feet (50,000 sq ft), the

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building official shall reject the application or issue the permit within forty-five (45) calendar

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days after the filing of the application. If, after forty-five (45) calendar days, the application has

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not been either rejected or a permit issued, the permit fee shall be reduced by fifty percent (50%).

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The provisions of this subsection shall apply to actions by other departments with authority over

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the issuance of the permit except in cases where the permit application requires plan review under

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sections 23-28.1-2(b)(2) and 23-28.1-6.

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      (f) If an application requires access by driveway to a state highway or state highway

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right of way, or the placement or alteration of curbs, or the connecting to, pumping or draining

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water to, the state highway drainage system, or making any alteration to the state highway

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system, a physical alteration permit shall first be obtained from the director of the department of

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transportation pursuant to rules and regulations promulgated under sections 24-8-9, 24-8-33 and

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24-8-34. The issuance of a physical alteration permit shall be a requirement for issuance of a

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building permit; however, the lack of a physical alteration permit shall not be cause for the

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building official to delay examination of the building permit application. The director shall render

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a decision of the department of transportation shall offer a response within ninety (90) days of

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receipt of request for access thirty (30) business days, provided however, the director of the

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department of transportation may extend the timeline for unusual circumstances or for complex

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projects.

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     (g) If an application fails to be approved or disapproved in accordance with the timeline

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established in subsection (a) above, at the sole discretion of the applicant, one of the following

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options may be chosen:

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     (1) Any fee associated with the processing of the application shall be reduced by fifty

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percent (50%); or

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     (2) The applicant may elect to obtain approval of the permit within the parameters

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afforded by section 23-27.3-128.5.1, waiver of plan examination; or

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     (3) Any fee associated with the processing of the application shall be reduced by fifty

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percent (50%) and the applicant shall be granted the authority to move the application to the

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office of the state building commissioner.

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     SECTION 2. This act shall take effect upon passage.

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LC01039

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE -- NEW BUILDINGS

AND STRUCTURES

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     This act would specify that lack of a physical alteration permit would not be cause for

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delay of the review of a building permit application and would establish options for the building

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permit application if the timeline for approval or disapproval is not achieved.

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     This act would take effect upon passage.

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LC01039

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