Chapter 301

2008 -- H 8022 SUBSTITUTE A

Enacted 07/05/08

A N A C T

RELATING TO HEALTH AND SAFETY -- THE STATE BUILDING CODE

Introduced By: Representatives San Bento, Flaherty, Singleton, and Rose

Date Introduced: March 11, 2008

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 new

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.

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

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

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

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

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

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

apply to actions by other departments with authority over the issuance of the permit except in

cases where the permit application requires plan review under sections 23-28.1-2(2) and 23-28.1-

6.

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

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

access.

     SECTION 2. This act shall take effect upon passage.

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LC02362/SUB A

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