510 R.I. Code R. 510-RICR-00-00-6.3

Current through November 7, 2024
Section 510-RICR-00-00-6.3 - Chapter 1
101.1 Title.

Substitute State of Rhode Island at [Name of Jurisdiction]

Delete existing section 102.3 and substitute the following:

[A] 102.3 Application of other codes

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Rhode Island State Building Codes SBC-1-2021 (Part 1 of this Subchapter), Rhode Island One and Two Family Dwelling Code SBC-2-2021 (Part 2 of this Subchapter), Rhode Island Plumbing Code SBC-3-2021 (Part 3 of this Subchapter), Rhode Island Mechanical Code SBC-42021 (Part 4 of this Subchapter ), Rhode Island Electric Code SBC-5-2020 (Part 5 of this Subchapter), Rhode Island Energy Conservation Code SBC-8-2021 (Part 8 of this Subchapter), Rhode Island Fuel Gas Code SBC-19-2021 (Part 19 of this Subchapter), Rhode Island Fire Code (450-RICR-00-00-1 through 10), and Nothing in this code shall be construed to cancel, modify or set aside any provision of the locally adopted Zoning Code. Additionally, corrective measures may be eligible for implementation through procedures allowed in The State of Rhode Island Rehabilitation Building and Fire Code for Existing Buildings and Structures SRC-1 (Part 20 of this Subchapter).

Swimming Pool and Spa Code.The Provisions of the Rhode Island Swimming Pool and Spa Code SBC-14-2021 (Part 14 of this Subchapter) shall apply whenever referenced in this code as International Swimming Pool and Spa Code and shall apply to matters governing the design and construction of swimming pools and spas.

Add the following after section 109.4:

109.5 Recovery of Related Costs

The municipality shall file a lien or special assessment for expenditures related to establishing a safe, sanitary property. Costs related to securing, vacating the premises, removal of debris, refuse, rubbish, infestation control, removal and necessary care of animal hoards to make the premises safe, as well as protecting adjacent properties, may be included

109.6 Hearing

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

Delete section 111 and Replace with the following:

Add the following section 111.0:

111.0 Appeal of Violations
111.1 Hearings.
111.1.1 Any person aggrieved by a notice of the enforcing officer issued in connection with any alleged violation of the provisions of this Chapter or of any applicable Rules and Regulations pursuant to it, or by any order requiring repair or demolition pursuant to section 107, may file with the housing board of review a petition stating that person's reasons for contesting the notice or order.
111.1.2 The petition shall be filed within ten (10) days after the notice or order is served on the petitioner in the manner prescribed by section 107.3.
111.1.3 Upon receipt of a valid petition, the housing board of review shall either grant or deny the hearing requested, and advise the petitioner of its decision, in writing, within ten (10) days of the day on which his or her petition was received.
111.1.4 Hearing Notice

When the housing board of review determines to hold a hearing, it shall serve the petitioner with notice of its decision in the manner provided for service of notice in section 107.3. The notice shall be served within ten (10) days of the receipt of the petition.

111.1.5 Hearing Procedure

At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.

111.1.6 Board Actions

The housing board of review has the power to affirm, modify, or revoke the notice or order, and may grant an extension of time, for the performance of any act required, of not more than three (3) additional months where the housing board of review finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this Chapter or by applicable Rules and Regulations issued pursuant to it; or that strict adherence to these provisions would be arbitrary in the case at hand; that extension would not provide an appropriate remedy in the case at hand; and that a variance is in harmony with the general purpose of this Chapter to secure the public health, safety, and welfare.

111.2 Court proceedings
111.2.1

The court of competent jurisdiction, upon due proceedings instituted in the name of any of the several cities or towns, has power to proceed according to equity:

111.2.1.1

To restrain, prevent, enjoin, abate, or correct a violation; or 111.2.1.2

To order the repair, vacation, or demolition of any dwelling existing in violation of the provisions of this Chapter or to otherwise compel compliance with all of the provisions of this Chapter or corporate unit ordinances adopted pursuant to the authority of this Chapter.

111.2.1.3

When, under the provisions of this Chapter or of any ordinance passed pursuant to the authority of this Chapter, any work is done or material furnished by any enforcing officer or by his or her order at the expense of the owner or other persons interested, the value of the work and material may be recovered in an action brought against the owner or other interested person or persons, and if any work or materials has been done or furnished at the cost of the corporate unit, the enforcing officer shall cause the action to be brought in the name of the corporate unit. Upon the entry of any case or proceeding brought under the provisions of this Chapter, the court shall, at the request of either party, advance the case so that it may be heard and determined with as little delay as possible.

111.2.2

The court shall extend priority to the scheduling of emergency cases.

111.3

Filing fees; judicial review. All proceedings instituted in the names of the several cities and towns are exempt from the payment of the district court filing fees. Any person or persons jointly or severally aggrieved by the final judgment, decision, or order of the district court may seek review by the supreme court in accordance with R.I. Gen. Laws § 8-8-3.2(b).

In Section 112.4 Failure to Comply enter the following in [AMOUNT]; [AMOUNT]

OR

Delete Section 112.4 and substitute the following:

[A] 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine in accordance with the municipally established violation fee schedule

510 R.I. Code R. 510-RICR-00-00-6.3

Amended effective8/1/2019
Amended effective 2/1/2022