Section 250-RICR-150-10-6.46 - Permit ExpirationA. Expiration of Permits for OWTS Applications for New Building Construction and OWTS Applications for Alteration to a Structure1. Except for permits eligible for tolling pursuant to R.I. Gen. Laws § 42-17.1 2.5 as provided in § 6.46(A)(2) of this Part, all permits for OWTSs for New Building Construction and OWTSs for Alteration to a Structure approved in accordance with § 6.17 of this Part shall expire five (5) years from the date of the issuance of the permit.2. Pursuant to R.I. Gen. Laws § 42-17.1-2.5, and unless otherwise ordered by the Department, permits for New Building Construction or Alteration to a Structure relating to the development of property that were valid on, or issued after, November 9, 2009 that are subject to tolling pursuant to R.I. Gen. Laws § 42-17.1-2.5 shall be tolled for the period provided by R.I. Gen. Laws § 42-17.1-2.5 and expire on the date five (5) years after approval plus the tolling period in accordance with said statute.B. Expiration of Permit after Start of Construction 1. Notwithstanding § 6.46(A) of this Part, where a permit for an OWTS for New Building Construction has been issued, and construction of the building foundation or OWTS has begun, the applicant shall have one (1) year from the start of construction, within which to complete both the foundation and OWTS. If the building foundation and OWTS are not completed within one (1) year of the commencement of construction, the permit, including any variances or decisions issued through the variance process or by the Director, shall expire. The Director may waive this expiration requirement for good cause.2. Where a permit for an OWTS for New Building Construction has been issued relating to the development of property and construction of the building foundation or OWTS was initiated between November 10, 2008 and November 9, 2009 inclusive, the applicant shall have until June 30, 2013 within which to complete both the foundation and OWTS. If the building foundation and OWTS are not completed by June 30, 2013, the permit, including any variances or decisions issued through the variance process or by the Director, shall expire.C. Expiration of Permits for OWTS Repairs - All permits for repairs to OWTSs issued in accordance with § 6.18(G) of this Part shall expire as follows:1. Where a permit for OWTS repair is issued following the property owner's receipt of a Notice of Violation issued by the Department, all repair work must be completed within the time periods set forth in the Notice of Violation; and2. In all other cases, permits for OWTS repair shall expire as specified in the permit itself. In no case shall any permit for a repair to an OWTS be valid for more than one (1) year from the date of issuance of the permit.D. Expiration of Unconformed Installed Systems - OWTSs that have been installed but are not able to be conformed, as of the effective date of these Rules, because the building sewer has not been connected through the building foundation to the interior plumbing or for other reasons shall be reviewed on a case-by-case basis.E. Expiration of OWTS Suitability Determinations - OWTS Suitability Determinations may not be renewed. All OWTS Suitability Determinations issued in accordance with § 6.18(D) of this Part shall expire as follows:1. All OWTS Suitability Determinations issued prior to the effective date of these Rules shall expire five (5) years from the date of issue, or one (1) year from the effective date of these Rules, whichever is later.2. All OWTS Suitability Determinations issued after the effective date of these Rules shall expire five (5) years from the date of determination, or concurrent with the expiration date of the building permit, whichever is later. Building permit must be issued within one (1) year of the date of the OWTS Suitability Determination.250 R.I. Code R. 250-RICR-150-10-6.46
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022