TITLE 23
Health and Safety

CHAPTER 23-27.3
State Building Code

ARTICLE 23-27.3-111.0
New Buildings and Structures

SECTION 23-27.3-114.1


§ 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 §§ 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 §§ 24-8-9, 24-8-33 and 24-8-34. 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.

History of Section.
(P.L. 1976, ch. 256, § 1; P.L. 1992, ch. 401, § 1; P.L. 2007, ch. 159, § 1; P.L. 2007, ch. 275, § 1; P.L. 2008, ch. 301, § 1; P.L. 2008, ch. 425, § 1; P.L. 2008, ch. 475, § 71; P.L. 2011, ch. 174, § 1; P.L. 2011, ch. 323, § 1; P.L. 2012, ch. 220, § 1; P.L. 2012, ch. 229, § 1.)