2018 -- S 2951 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE - ADMINISTRATION

AND ENFORCEMENT

     

     Introduced By: Senators Gallo, Ciccone, Conley, and Lombardo

     Date Introduced: May 31, 2018

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-27.3-100.1.5 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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     23-27.3-100.1.5. Building code -- Adoption and promulgation by committee.

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     The state building code standards committee has the authority to adopt, promulgate, and

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administer a state building code, which shall include: (a) provisions and amendments as necessary

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to resolve conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6;

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and (b) a rehabilitation building and fire code for existing buildings and structures. The building

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code may be promulgated in several sections, with a section applicable to one and two (2) family

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dwellings, to multiple dwellings and hotels and motels, to general building construction, to

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plumbing, and to electrical. The building code shall incorporate minimum standards for the

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location, design, construction and installation of wells which are appurtenances to a building in

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applicable sections. For purposes of this chapter, "appurtenance" includes the installation,

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alteration or repair of wells connected to a structure consistent with chapter 46-13.2. The building

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code and the sections thereof shall be reasonably consistent with recognized and accepted

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standards adopted by national model code organizations and recognized authorities. To the extent

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that any state or local building codes, statutes, or ordinances are inconsistent with the Americans

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with Disabilities Act, Title III, Public Accommodations and Services Operated by Private

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Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed.

 

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The state building code standards committee is hereby directed to adopt rules and regulations

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consistent with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36,

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as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before

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March 15, 2012. The state building code standards committee is hereby authorized and directed to

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update those rules and regulations consistent with the future revisions of the Americans with

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Disabilities Act Accessibility Standards. All electrical work done in the state shall be in

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accordance with the latest edition of the National Electrical Code (NEC). The state building code

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standards committee shall adopt the latest edition of the NEC including any amendments to the

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NEC thereafter. The adoption of the NEC by the state building code standards committee shall be

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completed so that it will take effect on the first day of July of year the edition is dated.

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     SECTION 2. Section 42-35-2.9 of the General Laws in Chapter 42-35 entitled

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"Administrative Procedures" is hereby amended to read as follows:

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     42-35-2.9. Regulatory analysis.

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     (a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must

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be completed before notice of the proposed rulemaking is published. The summary of the analysis

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prepared under subsection (c) must be published with the notice of proposed rulemaking.

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     (b) A regulatory analysis must contain:

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     (1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives

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reflecting the scope of discretion provided by the statute authorizing the proposed rule;

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     (2) Demonstration that there is no alternative approach among the alternatives considered

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during the rulemaking proceeding which would be as effective and less burdensome to affected

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private persons as another regulation. This standard requires that an agency proposing to write

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any new regulation must identify any other state regulation which is overlapped or duplicated by

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the proposed regulation and justify any overlap or duplication; and

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     (3) A determination whether:

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     (i) The benefits of the proposed rule justify the costs of the proposed rule; and

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     (ii) The proposed rule will achieve the objectives of the authorizing statute in a more

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cost-effective manner, or with greater net benefits, than other regulatory alternatives.

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     (iii) An agency preparing a regulatory analysis under this section shall prepare a concise

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summary of the analysis.

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     (iv) If an agency has made a good-faith effort to comply with this section, a rule is not

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invalid solely if there are errors or paucity of data in the regulatory analysis for the proposed rule.

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     (c) This section shall not apply to the adoption of building codes, fire safety codes or

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electrical codes, pursuant to § 23-27.3-100.1.5.

 

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     SECTION 3. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE - ADMINISTRATION

AND ENFORCEMENT

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     This act would require that all electrical work performed in the state be done in

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accordance with the latest edition of the National Electrical Code, and would also require that the

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state building code standards committee adopt the latest edition of the National Electrical Code.

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The act would also provide that the requirement that every agency prepare a regulatory analysis

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for a proposed rule would not apply to building codes, fire safety codes or electrical codes.

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     This act would take effect on January 1, 2019.

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