A. This proposed regulation controls the approval process for new materials and methods of construction with the State of Rhode Island.

B. Former amendments to said regulation remain in effect unless deletions or corrections are made herein. The Committee has amended these provisions in order to maintain criteria more suitable to Rhode Island health, safety and welfare standards.

C. Particular changes incorporated in these proposed regulations by the Committee are delineated as follows:

D. § 12.2.1(A) of this Part (Title): This section was amended to clarify the Committee’s authoritative provisions in approving new products.

E. § 12.2.1(C) of this Part (Applicants): This section clarified the state’s position in accepting model code approval or evaluation reports. Also in order to encourage reciprocity, the Commissioner may issue a letter of acceptability for said approval.

12.2.1 ADMINISTRATION

A. TITLE

1. As authorized by R.I. Gen. Laws Chapter 27.3, as amended, and in accordance with R.I. Gen. Laws §§ 23-27.3-108.1.3, 23-27.3-109.1 and 23-27.3-127.1 of the State Building Code, the Building Code Standards Committee has promulgated the following Rules and Regulations for the approval of new materials, devices or methods of construction.

B. DEFINITIONS

1. Unless otherwise expressly stated in the State Building Code, the following terms shall, for the purpose of these Rules and Regulations, have the meaning indicated in this Section.

a. "Code" means the Rhode Island State Building Code

b. "Commission" means the Commissioner’s staff

c. "Commissioner" means the State Building Commissioner

d. "Committee" means the State Building Code Committee

e. "Materials, Devices or Methods of Construction" means any product, component, sub-system or other system designed for use in or as part of a building or structure, which may include décor, structural, electrical, mechanical, plumbing and fire protection systems, and other systems affecting health, safety and welfare.

C. APPLICANTS

1. After July 1, 1979 all manufacturers of new materials, devices or methods of construction shall submit an application to the Commissioner for review. New materials devices or methods of construction which have valid current approval or evaluation reports issued by Model Code Agencies or other approved agencies, shall be reviewed by the Commission for determination of conformance with the Rhode Island State Building Code. The Commissioner may issue a letter of acceptability based on reciprocity if in his opinion no unusual or different conditions exist in the State of Rhode Island. All other applications for approval will be forwarded to the Committee for their approval with the Commissioner’s comments therein.

D. APPLICATION FEE

1. All applications for approval of new materials, devices or methods of construction shall be accompanied by the registration fee indicated below.

a. Initial Approvals: $100.00

b. Annual Renewal of Approval: $15.00

c. Letter of Acceptability on Model Code Reciprocity: No Fee

2. Ninety (90) days prior to the expiration of any Rhode Island Approval, the Commissioner shall notify the holder of such approval that renewal is required.

E. RESUBMISSIONS

1. Modifications to any previously approved materials, devices or methods of construction shall require a resubmission of the application and registration fee to the Commissioner for Committee approval.

F. PENALTIES

1. Any person who fails to comply with the requirements of these Rules and Regulations or who files a false report shall be subject to the penalties and actions prescribed in Section 122.3 of the State Building Code.

12.2.2 REVOCATION AND SUSPENSION PROCEDURES

A. REVOCATION AND SUSPENSION

1. The Commissioner may suspend or revoke the approval of any such material, device or method of construction approved in accordance with these Rules and Regulations, the State Building Code or approved standards of good practice. Notice of suspension or revocation of such approval shall be in writing with the reasons for suspension or revocation clearly set forth therein and served in accordance with Section 122.12 of the State Building Code.

B. NOTICE AND APPEALS

1. Prior to suspension or revocation of the approval of any such material, device or method of construction, written notice of such intent shall be served by the Commissioner in accordance with Section 122.12 of the State Building Code. Within ten (10) calendar days of receipt of such notice, the affected manufacturer may appeal the suspension or revocation to the State Board of Standards and Appeals in accordance with the provisions of Section 127.1 of the State Building Code.

12.2.3 APPLICATION