§ 23-27.3-108.2. State building commissioner’s duties. [Effective until January 1, 2025.]
(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) 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. The process shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.
(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. The plan shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.
(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. On or before January 1, 2022, the building commissioner shall promulgate rules and regulations to implement the provisions of this section and § 23-27.3-115.6.
(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 1 thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement. In every report submitted on or after April, 2024, the building commissioner shall provide the following information:
(1) The identity of every municipality in full compliance with the provisions § 23-27.3-115.6 and the rules and regulations promulgated pursuant to the provisions of this section;
(2) The identity of every municipality failing to fully implement and comply with the provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the provisions of this section, and the nature, extent, and basis or reason for the failure or noncompliance; and
(3) Recommendations to achieve compliance by all municipalities with the provisions of § 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.
(g) The building commissioner shall assist with facilitating the goals and objectives set forth in § 28-42-84(a)(9).
History of Section.
P.L. 1981, ch. 236, § 4; P.L. 1982, ch. 303, § 1; P.L. 1983, ch. 41, § 1; P.L. 1985,
ch. 162, § 1; P.L. 1986, ch. 138, § 1; P.L. 1989, ch. 179, § 1; P.L. 1991, ch. 48,
§ 1; P.L. 1992, ch. 323, § 2; P.L. 1992, ch. 377, § 1; P.L. 1995, ch. 256, § 1; P.L.
1995, ch. 325, § 1; P.L. 1995, ch. 370, art. 40, § 74; P.L. 1997, ch. 326, § 85; P.L.
2012, ch. 241, art. 4, § 19; P.L. 2018, ch. 47, art. 3, § 3; P.L. 2019, ch. 88, art.
4, § 4; P.L. 2021, ch. 302, § 1, effective July 9, 2021; P.L. 2021, ch. 303, § 1,
effective July 9, 2021; P.L. 2022, ch. 280, § 1, effective June 29, 2022; P.L. 2022,
ch. 281, § 1, effective June 29, 2022.
§ 23-27.3-108.2. Duties of the state building code commissioner. [Effective January 1, 2025.]
(a) The state building code commissioner shall have the authority to enforce and perform the duties required by the state building code, chapter 27.3 of this title, and all codes referenced therein and adopted thereunder, and all other provisions of the general laws and public laws insofar as such powers and duties relate to building codes and building inspection; provided, however, that for the purposes of this section structures constituting tents and/or membrane frame structures as defined in this state building code and any regulations promulgated hereunder shall be subject to an annual certification process to be established by the state building commissioner in conjunction with the state fire marshal and shall not be subject to recurring permit and fee requirements as otherwise required by this code.
(b) The state building code commissioner shall work to standardize building code interpretations across the state with input from the Rhode Island League of Cities and Towns and ensure consistent enforcement of the code throughout the state.
(c) Permit fees for the projects shall be established by the committee. The fees shall be deposited as general revenues.
(d)(1) The local cities and towns shall charge each permit applicant an additional one-tenth percent (0.1%) levy of the total construction cost for each commercial permit issued, and two-tenths percent (0.2%) levy of the total construction cost for each residential permit issued. The levy shall be limited to a maximum of one hundred dollars ($100) for each of the permits issued for one- and two-family (2) dwellings. This additional levy shall be transmitted monthly to the state building office at the department of business regulation; and
(i) Fifty percent (50%) of this additional levy on residential permits and one hundred percent (100%) of this additional levy on commercial permits 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. This portion of the fee levy shall be deposited as general revenues.
(ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to the department of labor and training and shall be deposited into the contractor training restricted receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27. Subject to appropriation by the general assembly, these funds shall be used to provide contractor training grants for programs that shall include, but are not limited to, minority business enterprises and state local building officials.
(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide process for electronic plan review, permit management, and inspection. The process shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.
(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. The plan shall include, but not be limited to: applications; submission of building plans and plans for developments and plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation and collections; and workflow and report management.
(e) 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.
(f) 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. On or before January 1, 2022, the building commissioner shall promulgate rules and regulations to implement the provisions of this section and § 23-27.3-115.6.
(g) 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 1 thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement. In every report submitted on or after April, 2024, the building commissioner shall provide the following information:
(1) The identity of every municipality in full compliance with the provisions § 23-27.3-115.6 and the rules and regulations promulgated pursuant to the provisions of this section;
(2) The identity of every municipality failing to fully implement and comply with the provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the provisions of this section, and the nature, extent, and basis or reason for the failure or noncompliance; and
(3) Recommendations to achieve compliance by all municipalities with the provisions of § 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.
(h) The building commissioner shall assist with facilitating the goals and objectives set forth in § 28-42-84(a)(9).
(i) The state building code commissioner shall serve as the executive secretary to the state building code standards committee.
(j) In addition to the state building code commissioner’s other duties as set forth in this chapter, and notwithstanding the same, the state building code commissioner and the commissioner’s staff shall assume the authority for the purposes of enforcing the provisions of the state building code in a municipality where there is no local building official or alternate as detailed in § 23-27.3-107.2, or where there are no local building inspectors.
History of Section.
P.L. 1981, ch. 236, § 4; P.L. 1982, ch. 303, § 1; P.L. 1983, ch. 41, § 1; P.L. 1985,
ch. 162, § 1; P.L. 1986, ch. 138, § 1; P.L. 1989, ch. 179, § 1; P.L. 1991, ch. 48,
§ 1; P.L. 1992, ch. 323, § 2; P.L. 1992, ch. 377, § 1; P.L. 1995, ch. 256, § 1; P.L.
1995, ch. 325, § 1; P.L. 1995, ch. 370, art. 40, § 74; P.L. 1997, ch. 326, § 85; P.L.
2012, ch. 241, art. 4, § 19; P.L. 2018, ch. 47, art. 3, § 3; P.L. 2019, ch. 88, art.
4, § 4; P.L. 2021, ch. 302, § 1, effective July 9, 2021; P.L. 2021, ch. 303, § 1,
effective July 9, 2021; P.L. 2022, ch. 280, § 1, effective June 29, 2022; P.L. 2022,
ch. 281, § 1, effective June 29, 2022; P.L. 2024, ch. 117, art. 6, § 7, effective
January 1, 2025; P.L. 2024, ch. 290, § 1, effective January 1, 2025; P.L. 2024, ch.
291, § 1, effective January 1, 2025.