2007 -- H 5556 SUBSTITUTE B
A N A C T
RELATING TO HEALTH AND SAFETY -- THE STATE BUILDING CODE
Introduced By: Representatives San Bento, and Shanley
Date Introduced: February 28, 2007
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-27.3-114.1 of the General Laws in Chapter 23-27.3 entitled
"State Building Code" is hereby amended to read as follows:
23-27.3-114.1. Action on application. -- (a) The building official shall examine or cause
to be examined all applications for permits and amendments thereto within fifteen (15) days after
filing. Before a permit is granted for the excavation or for the erection of any building or
structure, a written statement shall be furnished by the owner from a town or city engineer as to
the established grades. If the application or plans do not conform to the requirements of this code
or of all applicable laws, the building official shall reject the application citing the specific
sections of this code or applicable law upon which the rejection is based. If the building official is
satisfied that the proposed work conforms to the requirements of this code and all laws applicable
thereto, he or she shall issue a permit.
(b) In cases where the permit application is for the construction or rehabilitation of a
residential dwelling occupied by one, two (2), and/or three (3) families, the building official shall
reject the application or issue the permit within sixty (60) calendar days after the filing of the
application. If after sixty (60) calendar days the application has not been either rejected or a
permit issued, the permit fee shall be reduced by fifty percent (50%). The review period shall
begin on the date when the application is filed with the building official and shall include any
actions on the application required by subsection (a) herein, subsection 23-28.1-2(2) and 23-28.1-
6 and actions by any other departments with authority over the issuance of the permit.
If an application requires access by driveway to a state highway or state
right of way, or the placement or alteration of curbs, or the connecting to, pumping or draining
water to, the state highway drainage system, or making any alteration to the state highway
system, a physical alteration permit shall first be obtained from the director of the department of
transportation pursuant to rules and regulations promulgated under sections 24-8-9, 24-8-33 and
24-8-34. The director shall render a decision within ninety (90) days of receipt of request for
SECTION 2. Section 23-28.1-6 of the General Laws in Chapter 23-28.1 entitled
"Comprehensive Fire Safety Act" is hereby amended to read as follows:
23-28.1-6. Applicability to new or existing structures. -- (a) All regulations contained
in this code apply to all structures unless specifically exempted. Prior to a building permit being
issued, all plans for buildings regulated under this code shall be submitted to the authority having
jurisdiction. The authority having jurisdiction shall approve or disapprove the completed set of
plans within a reasonable time not to exceed ninety (90) days. When a change of use or type of
occupancy is made in an existing building, the building shall conform to the requirements
established by the rehabilitation building and fire code for existing buildings and structures, or if
the rehabilitation building and fire code for existing structures is not applicable, to the
requirements for new structures as related to the proposed use or type of occupancy.
Notwithstanding the foregoing, any completed set of plans relating to the construction or
rehabilitation of a residential dwelling occupied by one, two (2), and/or three (3) families shall be
approved or disapproved within sixty (60) days.
(b) In existing structures, since it is not always practical or efficient to strictly apply all
of the provisions of the code, the authority having jurisdiction shall have the power to implement
and enforce the provisions of the code as provided for in the Uniform Fire Code (NFPA 1) and
the Life Safety Code (NFPA 101) with annexes, as applicable to existing structures, consistent
with such rules and regulations as may be adopted and such decisions as may be rendered by the
Fire Safety Code Board of Appeal and Review.
(c) Application of the code to new and existing structures shall be consistent with such
blanket variances, variances, and rules, as may be approved by the Fire Safety Code Board of
Appeal and Review, and such modifications as may be issued in writing by the authority having
jurisdiction, in accordance with NFPA 101, with annexes.
SECTION 3. This act shall take effect upon passage.