RISBC-11 Rhode Island Certification of Building Officials, Building, Electrical, Plumbing, and Mechanical
510-RICR-00-00-11 ACTIVE RULE
A.The Rhode Island State Legislature has found that a State Building Code is essential to protect the public health, safety and welfare by establishing adequate and uniform rules and regulations governing the construction and alteration of buildings and structures within the State of Rhode Island.
B.To increase the efficiency of the building industry and the safety of its products, an increasing trend is needed towards uniformity of interpretation and enforcement of a statewide code. It is the intent of the State Building Commissioner and the Building Code Standards Committee to aid the code enforcement profession by assisting it in the areas of professionalism and the performance of its duties.
C.To enforce the State Building Code effectively, code officials require sufficient knowledge and competence to administer and interpret the Code standards. This can be best achieved through the creation of an education and training program and through the development of certification requirements and a continuing education program.
A.The Certification Program shall control all matters relating to qualification for and the certification of all code enforcement officials engaged in the administration and enforcement of the Rhode Island State Building Code, procedures for application, issuance and revocation of certificates, and approval of training and educational programs offered to meet the requirements for the certification and continuing education credits of code enforcement officials.
B.No individual shall be certified or claim to be certified unless that person has received a letter of appointment to that position by the respective appointing authority and has satisfied the Committee through interview or examination that he meets the minimum requirements for that position and continues to serve in that position.
C.The Committee shall interview all applicants for the position of Building Official, Building Inspector or Alternate Building Inspector to determine whether the applicant satisfies the provisions of § 11.2(A)(1) of this Part.
A."Alternate building official" means the officer or other designated authority charged with the administration and enforcement of this code in the absence of the building official.
B."Building inspector" means the authorized representative of the Building Official acting as his assistant.
C."Building official" means the officer or other designated authority charged with the administration and enforcement of this code at the local level.
D."Code" means the Rhode Island State Building Code
E."Commissioner" means the State Building Commissioner
F."Committee" means the Building Code Standards Committee
G."Electrical inspector" means the authorized representative of the building official charged with enforcing the provision of the electrical code under the direction of the Building Official.
H."Mechanical inspector" means the authorized representative of the building official charged with enforcing the provisions of the mechanical code under the direction of the Building Official.
I."Plumbing inspector" means the authorized representative of the Building Official charged with enforcing the provisions of the plumbing code under the direction of the Building Official.
A.The State Building Code, R.I. Gen. Laws Chapter 23-27.3, stipulates the prerequisites for appointment as a state or local official or inspector. The provisions are as follows:
1.BUILDING OFFICIAL – The building official, to be eligible for appointment, shall have had at least five (5) years' experience in construction, design, or supervision. The building official shall be generally informed on the quality and strength of building materials, on the accepted requirements of building construction, on good practice in fire prevention, on the accepted requirements regarding light and ventilation, on the accepted requirements for safe exit facilities, and on other items of equipment essential for the safety, comfort, and convenience of occupants, and shall be certified under the provisions of R.I. Gen. Laws § 23-27.3-107.6 and shall possess an international code council (ICC) certification as a certified building official (CBO), except that the qualifications outlined in this section shall not be required in the case of a building official holding a current state certification prior to July 1, 2010. The building official shall pass upon any question relative to the mode, manner of construction, or materials to be used in the erection or alteration of buildings or structure. The building official shall require compliance with the provisions of the state building code of al rules lawfully adopted and promulgated thereunder, and of laws relating to construction, alteration, repair, removal, demolition, and integral equipment, and location, use, occupancy, and maintenance of buildings and structures, except as may be otherwise provided for. The building official or his or her assistant shall have the right of entry to buildings or structures, for the proper performance of his or her duties during normal business hours, except that in the case of an emergency the building official shall have the right of entry at any time, if the entry is necessary in the interest of public safety.
2.BUILDING INSPECTOR – (a) The appropriate local authority may appoint one or more local full time or part time inspectors to assist the building official in the performance of his or her duties and in the enforcement of this code
a.Building Inspector -1 shall have a minimum of three (3) years' experience in general building construction, and except for the length of experience required, shall possess an ICC certification as a Residential Building Inspector and shall possess similar qualifications outlined in this section shall not be required in the case of a building inspector holding a current up to date State certification, prior to July 1, 2010. Shall enforce only the provisions of the State Residential Code, Part 2 of this Subchapter.
b.Building Inspector - 2 shall have a minimum of three (3) years' experience in general building construction, shall possess ICC certifications as a Residential Building Inspector and shall possess similar qualifications of a local Building Official, as required by R.I. Gen. Laws § 23-27.3-107.5. However, ICC certification as a Residential Building Inspector and a Commercial Building Inspector shall not be required in the case of a building inspector holding a current state certification prior to July 1, 2010. A Building Inspector-2 is authorized to enforce the provisions of both the State Building Code SBC-1 (Part 1 of this Subchapter) and the State Residential Code SBC-2 (Part 2 of this Subchapter).
3.PLUMBING, ELECTRICAL AND MECHANICAL INSPECTORS – Each of these specialized inspectors shall have had at least five (5) years of practical experience in his own particular field. He shall have the ability to read and understand codes and ordinances relating to his specialized work, the ability to read plans and specifications and to recognize deviations from such plans or specifications in the field, ability to write concise narrative reports for correction of violations observed on job sites, and the ability to enforce regulations firmly and impartially and to maintain satisfactory working relations with contractors and property owners. The plumbing inspector shall have a masters or journeyman license from the Rhode Island Board of Examining Plumbers. The Electrical Inspector shall have a Class A or B license from the Rhode Island Board of Electricians. The Mechanical Inspector shall have a Pipefitter Master I Contractor or journeyman, license from the Rhode Island Department of Labor and Training.
4.An applicant for the certification program may have less than the required number of years' experience as stipulated in § 11.2(A)(1) of this Part but the issuance of their certificate by the Building Commissioner will be withheld until such applicant has met the requirements of said section.
A.The holder of a license of an architect or engineer issued by the State of Rhode Island shall be deemed equivalent to the above qualifications in the following manner:
1.An architect or professional engineer’s registration whose specialty is civil or structural, and shall possess an international code council (ICC) certification as a certified building official (CBO), shall qualify him/her for the building official’s or building inspector’s positions.
2.A professional engineer’s registration whose specialty is electrical is deemed the equivalent of an electrician’s license for the purpose of these regulations.
3.A professional engineer’s registration whose specialty is mechanical is deemed the equivalent of a plumber or mechanical license for the purpose of these regulations.
B.If the applicant does not satisfy the Committee through interview that he meets the qualifications of §§ 11.2(A)(1) or 11.2.1 of this Part, the applicant shall be permitted to take a written “equivalency test” administered by the Commission. A passing grade of 70% shall be required.
1.Exception: Plumbing, Mechanical and Electrical Inspectors are not required to be interviewed, but current copies of their licenses shall be submitted along with their resume and letter of appointment.
C.The holder of a nationally recognized certification as a Certified Building Official (CBO) issued by any of the model code organizations including the International Code Council shall be deemed equivalent to the minimum requirements of this code for Building Official or Building Inspector, provided that the holder has served in a building code enforcement position previously.
D.The holder of a nationally recognized certification in any other specialty shall be submitted to the Committee for consideration for equivalency, provided that the holder has served in a code enforcement position previously.
The training format developed by the Building Commissioner and the Building Code Standards Committee will be structured around the technical and administrative provisions of the State Building Code. The Commissioner and Committee may procure the services of an institute of higher learning for the formal education and training for the building officials and building inspectors. The institution chosen should be centrally located for the convenience of most officials and inspectors throughout the state. Plumbing, Mechanical and Electrical Inspectors will be required to successfully complete only the training relative to the administrative sections of the Code. Inspectors and officials will be issued temporary certification for a 12-month period in order to satisfactorily complete this course prior to full certification and entry into the continuing education program.
11.3.2RE-CERTIFICATION & CONTINUING EDUCATION
The State Building Commissioner, with the assistance of the Building Code Standards Committee, shall prepare and/or approve continuing education programs designed to train and assist state and local building officials and inspectors in carrying out the duties and responsibilities of their office. Such certification and continuing education programs shall be in accordance with the State Building Code provisions in R.I. Gen. Laws §§ 23-27.3-107.6 and 23-27.3-107.7. Said continuing education programs shall consist of not less than sixty (60) hours of training for state and local building officials and twenty (20) hours for all other inspectors over a three (3) year period. Building officials shall not be required to accumulate more than 60 hours of training, but a minimum of 10 hours in each discipline shall be obtained as part of the 60 hours minimum.
A.All training and educational programs which are to be submitted for continuing education credit shall be approved by the Commissioner or the Building Code Standards Committee. Each state and local building official and inspector shall attend such training and educational programs and present proof of successful completion to the State Building Commissioner on forms provided by the State Building Commission.
B.An official or inspector who was originally certified under these provisions but does not currently serve in a position of code enforcement for the state or community shall be permitted to participate in the continuing education program at his own expense, but cannot identify themselves as Building Officials or Inspectors and shall be placed on a “Certified-Eligible” list maintained by the State Commissioner.
Each participant in the continuing education program shall receive at least once annually a record of all continuing education hours acquired during the current re-certification period.
All continuing education records shall be considered confidential and shall only be released to the appointing authority, the Building Code Official in charge of the inspector, or to the participant.
11.3.6REVOCATION & WAIVERS
In accordance with the Administrative Procedures Act, the Committee, after notice and opportunity for hearing, may revoke or refuse to reissue any certificate issued under the provisions of R.I. Gen. Laws §§ 23-27.3-107.6 and 23-27.3-107.7 for failure on the part of the state and local building official and inspector to present the required documentation or successfully complete required courses of study. The Committee may grant extensions of time or waive hourly requirements upon presentation of cause. No individual will be re-certified for a new 3-year period unless he satisfies the provisions of this program.
|Title||510||Building Code Commission|
|Part||11||RISBC-11 Rhode Island Certification of Building Officials, Building, Electrical, Plumbing, and Mechanical|
|Type of Filing||Periodic Refile|
Purpose and Reason:
This rule is being refiled by the agency pursuant to R.I. Gen. Laws § 42-35-4.1. No changes were made to the text of this rule.