510-RICR-00-00-11
510-RICR-00-00-11. RISBC-11 Certification of Building Code Officials and Inspectors (version Technical Revision, 01/01/2012 to 01/04/2022)
11.1 General
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.
11.1.1 ADMINISTRATION
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.
11.1.2 DEFINITIONS
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.
11.2 Qualifications
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.
11.2.1 EQUIVALENT
QUALIFICATIONS
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.
11.3 Training Program
11.3.1 CERTIFICATION
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.
11.3.2 RE-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.
11.3.3 DOCUMENTATION
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.
11.3.4 RECORDS
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.
11.3.5 CONFIDENTIALITY
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.
11.3.6 REVOCATION &
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.