Chapter 229
2012 -- H 7767
Enacted 06/13/12
A N A C T
RELATING TO
HEALTH AND SAFETY - STATE BUILDING CODE
Introduced By: Representatives Serpa, Ruggiero, Walsh, Gallison, and Ferri
Date Introduced: February 16, 2012
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
"
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 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 forty-five (45) calendar
days after the filing of the
application. If after forty-five (45) 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(b)(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(b)(2) and 23-28.1-6.
(d) 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 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 forty-five
(45) calendar days after the filing of the
application. If, after forty-five (45) 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(b)(2) and 23-28.1-6.
(e) In cases where the
permit application is for the construction of a new or existing light
commercial building affecting not more than fifty thousand square
feet (50,000 sq ft), the
building official shall reject the application or issue the
permit within forty-five (45) calendar
days after the filing of the application. If, after
forty-five (45) 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(b)(2) and 23-28.1-6.
(f) 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. The
issuance of a physical alteration permit shall be a requirement for issuance of
a
building permit; however, the lack of a physical alteration
permit shall not be cause for a building
official to delay examination of the building permit
application. The director of the department of
transportation shall respond within thirty (30) business days;
provided, however, the director of
the department of transportation may extend the timeline
for unusual circumstances or for
complex projects.
SECTION 2. This act shall take effect upon passage.
=======
LC01673
=======