2023 -- H 5942 SUBSTITUTE A

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LC001693/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE

     

     Introduced By: Representatives Speakman, and Donovan

     Date Introduced: March 01, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State

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Building Code" is hereby amended to read as follows:

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     23-27.3-108.2. State building commissioner’s duties.

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

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

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

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

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any land owned by or under the jurisdiction of the state.; provided, however, that with regard to

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any structures or buildings or parts thereof that are constructed or owned by a municipality upon

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any land owned by or under the jurisdiction of the state, then this code shall be enforced by the

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local municipal building official, and any permitting fees shall be remitted to the local municipality.

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

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deposited as general revenues.

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

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

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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

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

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

 

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

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

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

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process for electronic plan review, permit management, and inspection. The process shall include,

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but not be limited to: applications; submission of building plans and plans for developments and

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plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation

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and collections; and workflow and report management.

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

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

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

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

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

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and inspection. The plan shall include, but not be limited to: applications; submission of building

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plans and plans for developments and plots; plan review; permitting; inspections; inspection

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scheduling; project tracking; fee calculation and collections; and workflow and report management.

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

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

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

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

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

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January 1, 2022, the building commissioner shall promulgate rules and regulations to implement

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the provisions of this section and § 23-27.3-115.6.

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

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

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

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recommendations for process or system improvement. In every report submitted on or after April,

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2024, the building commissioner shall provide the following information:

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     (1) The identity of every municipality in full compliance with the provisions § 23-27.3-

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115.6 and the rules and regulations promulgated pursuant to the provisions of this section;

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     (2) The identity of every municipality failing to fully implement and comply with the

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provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the

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provisions of this section, and the nature, extent, and basis or reason for the failure or

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noncompliance; and

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     (3) Recommendations to achieve compliance by all municipalities with the provisions of §

 

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23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.

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     (g) The building commissioner shall assist with facilitating the goals and objectives set

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forth in § 28-42-84(a)(9).

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     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 amend the state building code by providing that with regard to any

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structures or buildings or parts thereof that are constructed or owned by a municipality upon any

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land owned by or under the jurisdiction of the state, the state building code would be enforced by

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the local municipal building official, and any permitting fees would be remitted to the local

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municipality.

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     This act would take effect upon passage.

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