2020 -- S 2663

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LC004983

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE

     Introduced By: Senators Crowley, Metts, and Cano

     Date Introduced: February 27, 2020

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-27.3-107.1, 23-27.3-107.2, 23-27.3-107.3 and 23-27.3-108.2 of

the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as

follows:

     23-27.3-107.1. Local building official -- Appointment.

     (a) The Each appropriate local authority shall appoint an officer a building official to

administer the building code codes. The officer shall be known as the building official. Two (2) or

more communities may combine in the appointment of a building official for the purpose of

enforcing the provisions of this chapter, including officials serving in such capacity on January 1,

1977, shall serve at the pleasure of the appointing authority, except that such incumbent officials

shall not be required to meet the official provisions for local building officials set forth in this

chapter. If a local authority does not have a building official or a building official shared with one

other community, then the state building code commissioner may appoint a building official, in

accordance with § 23-27.3-107.3, to assume the duties of the local authority in enforcing the

provisions of this chapter.

     (b) A municipality shall not require a local building official to perform duties not set forth

in the building code when any building code duties are pending and can or should be addressed.

     23-27.3-107.2. Alternate local building official. [Effective January 1, 2020.]

     The appropriate local authority shall appoint an alternate building official to act on behalf

of the building official during any period of disability caused by, but not limited to, illness, absence,

or conflict of interest. The alternate building official shall meet the qualifications of § 23-27.3-

107.5. The appropriate local authority shall appoint an alternate local building official within ten

(10) calendar days or request the state building office's services as allowed in § 23-27.3-107.3.

When the office's services are used due to the lack of a local building official, the salary and

operating expenses of the commissioner, or his or her designee, shall be reimbursed to the state as

allowed by § 23-27.3-108.2(c)(g).

     23-27.3-107.3. Appointment of personnel by state building commissioner.

     (a) The state building commissioner may appoint such other personnel as shall be necessary

for the administration of the code. In the absence of a local building official or an alternate, as

detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the local building

official and inspectors as required by § 23-27.3-107.4 and shall designate one of the following

agents to enforce the code:

     (1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-107.5

and is certified in accordance with § 23-27.3-107.6.

     (2) An architect or engineer contracted by the commissioner through the department of

business regulation who is certified in accordance with § 23-27.3-107.6.

     (3) A building official who is selected from a list of previously certified officials or

inspectors.

     (b) The salary and operating expenses for services provided in accordance with subsection

(a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services in

accordance with § 23-27.3-108.2(g) and shall be deposited as general revenues. The attorney

general shall be informed of any failure of the appropriate local authority to appoint a local building

official to enforce the code in accordance with §§ 23-27.3-107.1 or 23-27.3-107.2.

     23-27.3-108.2. State building commissioner's duties. [Effective January 1, 2020.]

     (a) This code shall be enforced by the state building commissioner as to any structures or

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

of the state or any of its departments, commissions, agencies, or authorities established by an act

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

any land owned by or under the jurisdiction of the state.

     (b) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

     (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001)

percent levy of the total construction cost for each permit issued. The levy shall be limited to a

maximum of fifty dollars ($50.00) for each of the permits issued for one- and two-family (2)

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dwellings. This additional levy shall be transmitted monthly to the state building office at the

department of business regulation, and shall be used to staff and support the purchase or lease and

operation of a web-accessible service and/or system to be utilized by the state and municipalities

for uniform, statewide electronic plan review, permit management, and inspection system and other

programs described in this chapter. The fee levy shall be deposited as general revenues.

     (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide

process for electronic plan review, permit management, and inspection.

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

office of regulatory reform, shall implement the standard statewide process for electronic plan

review, permit management, and inspection. In addition, the building commissioner shall develop

a technology and implementation plan for a standard web-accessible service or system to be utilized

by the state and municipalities for uniform, statewide electronic plan review, permit management,

and inspection.

     (d) The building commissioner shall, upon request by any state contractor described in §

37-2-38.1, review, and when all conditions for certification have been met, certify to the state

controller that the payment conditions contained in § 37-2-38.1 have been met.

     (e) The building commissioner shall coordinate the development and implementation of

this section with the state fire marshal to assist with the implementation of § 23-28.2-6.

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

report to the governor and general assembly on or before April 1, 2013, and each April 1st

thereafter, providing the status of the web-accessible service and/or system implementation and

any recommendations for process or system improvement.

     (g) When the state building commissioner's services are used due to the lack of a local

building official, the salary and operating expenses of the commissioner, or designee, shall be

reimbursed to the commissioner's account. The state building code commission shall collect any

and all applicable fees for services performed, as would otherwise have been collected by the local

authority.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE

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     This act would prohibit more than two (2) communities from combining to appoint a shared

building official. If a municipality does not have a building official or a shared building official,

the state building commissioner would provide personnel to assume the duties of the local building

official. Costs of this service would be reimbursed by the municipality.

     This act would take effect upon passage.

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