510-RICR-00-00-6. RISBC-6 Rhode Island Property Maintenance Code (version Amendment, 07/01/2013 to 07/01/2013)

RHODE ISLAND STATE BUILDING CODE SBC-6 STATE PROPERTY MAINTAINENCE CODE Replaces SBC-6-2010 Effective July 1, 2013 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Department of Administration BUILDING CODE STANDARDS COMMITTEE One Capitol Hill Providence, Rhode Island 02908-5859 www.ribcc.ri.gov (401) 222-3033 FAX NO (401) 222-2599 RI-SBC-6 RI State Property Maintenance Code Regulation SBC-6 July 1, 2013 The Building Code Standards Committee, in accordance with the rule making authority of Title 23, Chapter 23-27.3, Section 109.1, paragraphs a through c inclusive, has formally adopted and promulgated as the Rhode Island State Building Code, the provisions of the International Property Maintenance Code, 2012 edition, as published by the International Code Council, Inc. (I.C.C.), together with amendments thereto hereinafter set forth to the articles and sections of this code: The provisions of Title 23, Chapter 27.3 of the General Laws of Rhode Island establishing administration and enforcement are hereby incorporated by reference. Regulatory Administration Chapter 1 immediately follows and is supplemental to the General Laws. Editorial Note: Code users please note: When purchasing or using the IPMC 2012 code, please take note of the particular printing edition. Errata to that printing edition is available on-line directly at no charge at http://www.iccsafe.org/cs/codes/pages/errata.aspx or call the office of the State Building Code Commissioner at 401-222-3033 for further information. Printed copies of the administrative and enforcement provisions of Title 23, Chapter 27.3 are available at the Office of the State Building Code Commission or on-line at http://webserver.rilin.state.ri.us/Statutes/TITLE23/23- 27.3/INDEX.HTM . The International Property Maintenance Code, 2012 Edition, is protected by the copyright that has been issued to the ICC. As a result, the State Building Code is not available in complete form to the public in an electronic format. The International Property Maintenance Code 2012 edition that is referred to within is contained in a printed volume and is also in an electronic format that have been published by the ICC under an exclusive license. The Office of the State Building Code Commissioner has purchased volumes of these codes and they shall be distributed to Rhode Island cities and towns during the month of June 2013 so that local officials will have access to the code prior to the implementation of these rules on July 1, 2013. In order to assure public access to this code the Office of the State Building Code Commissioner shall provide a copy of this code to the Rhode Island State Library, which is located on the second floor of the State House. In addition, all codes may be viewed during business hours at the Department of Administration’s Library which is located on the fourth floor of the William E. Powers Building, One Capitol Hill, Providence. . The Legislative Regulation Committee approved adoption of this code on July 1, 2013 By: John P. Leyden Executive Secretary Rhode Island Building Code Standards Committee Page 2 of 18 RISBC-6-2013 STATE OF RHODE ISLAND BUILDING CODE STANDARDS COMMITTEE CHAIRMAN VICE CHAIRMAN William J. Nash, Jr. Building Official Bernard J. Bernard, III Electrical Inspector EXECUTIVE COMMITTEE Michael A. Newman Master Plumber James Fink Electrical Engineer Doris Aschman Public Health Official Bruce Davey, PE Structural Engineer Scott Caron Fire Official Michael Daley Builders Trades Council Stephen C. Turner, PE Public Member Peter Scorpio, III Building Official Dana Newbrook Architect James R. Carlson, RA Public Member Fred Sarno Building Official G. Thomas Chabot Electrical Contractor David F. Palmisciano Building Trades Council Randy Collins, Jr., RLA Landscape Architect Gordon W. Preiss, PE Mechanical Engineer Robert E. DeBlois, Jr. Builder Craig Sutton Builder Paul DePace, PE Representative for the Disabled Russell Brown Representative for the Disabled Robert M. Stillings Architect John P. Leyden, CBO State Building Commissioner Executive Secretary Wayne Pimental, CBO Minimum Housing Inspector Thomas Coffey Legal Counsel Page 3 of 18 RISBC-6-2013 STATE BUILDING CODE REGULATIONS - 2013 The following list includes all regulations promulgated by the State Building Code Standards Committee. All regulations are available for a fee at the State Building Commission. 1. Building Code SBC-1-2013 2.. One and Two Family Dwelling Code SBC-2-2013 3. Plumbing Code SBC-3-2013 4. Mechanical Code SBC-4-2013 5. Electrical Code SBC-5-2011 6. Property Maintenance Code SBC-6-2013 7. Reserved 8. Energy Conservation Code SBC-8-2013 9 Enforcement and Implementation Procedures for Projects Under the Jurisdiction of The State of Rhode Island SBC-9 10. Code Interpretations SBC-10 11. Certification of Building Officials, Building, Electrical, Plumbing and Mechanical Inspectors SBC-11-2010 12. New Materials and Methods of Construction SBC-12 13. State Building Code for Existing Schools SBC-13 14. Reserved 15. Reserved 16. Reserved 17. Public Buildings Accessibility Meeting Standards SBC-17 18. Native Lumber SBC-18 19. Fuel Gas Code SBC-19-2013 20. The State of Rhode Island Rehabilitation Building and Fire Code for Existing Buildings and Structures SRC-1-2002 Page 4 of 18 RISBC-6-2013 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, Rhode Island One and Two Family Dwelling Code, SBC-3 Rhode Island Plumbing Code SBC-3, Rhode Island Mechanical Code SBC-4, Rhode Island Electric Code SBC-5, Rhode Island Energy Conservation Code SBC-8, Rhode Island Fuel Gas Code SBC-19, Rhode Island Fire Code, and Nothing in this code shall be construed to cancel, modify or set aside any provision of the a 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 Delete Section 111 and Replace with the following Add the following article 111.0 111.0 Appeal of Violations 111.1 Application for reconsideration. 111.1.1 Any person aggrieved by a notice of the enforcing officer issued in connection with any alleged violation of this chapter or of applicable rules and regulations issued pursuant to it, or by any order requiring repair or demolition pursuant to section 107 may apply to the enforcing officer for a reconsideration of the notice or order within ten (10) days after it has been issued. 111.1.2 The enforcing officer shall set a time and place for an informal conference on the matter within ten (10) days of the receipt of the application, and advise the applicant of the time and place in writing. 111.1.3 At the informal conference, the applicant is permitted to present his or her grounds for believing that the order should be revoked or modified to one or more representatives of the enforcing officer. 111.1.4 Within ten (10) days following the close of the informal conference, the enforcing officer shall advise the applicant whether or not he or she will modify or set aside the notice or order issued by the enforcing officer. 111.2 Hearings. 111.2.1 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 Page 5 of 18 RISBC-6-2013 section 107, may file with the housing board of review a petition stating that person's reasons for contesting the notice or order. 111.2.2 The petition shall be filed within ten (10) days after the notice or order is served on the petitioner in the manner prescribed by 107.3. 111.2.3 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. 111.2.4 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 107.3. The notice shall be served within ten (10) days of the receipt of the petition. 111.2.5 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. 111.2.6 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. 111.3 Emergencies 111.3.1 Whenever, in the judgment of the enforcing officer, an emergency exists which requires immediate action to protect the public health, safety, or welfare, notice of violation may be issued, directing the owner, occupant, operator, or agent to take action that is appropriate to correct or abate the emergency. 111.3.2 The owner, occupant, operator, or agent may petition for a code enforcement hearing, but the hearing shall in no case stay the abatement of correction of the emergency. 111.3.3 Every owner of a dwelling or multiple dwelling unit is responsible for maintaining all surfaces covered by lead-based substances in an appropriate manner as to insure no unsafe conditions exist. Page 6 of 18 RISBC-6-2013 111.3.4 It is unlawful for any owner, operator, or agent to evict occupants from a dwelling or dwelling unit without just cause during conferences, hearings, appeals, or when served with a notice of violation. 111.3.5 To expedite correction or abatement of emergency violations the following time intervals hold: 111.3.5.1 A notice of violation provides a time period not to exceed ten (10) days for the correction of any violation. The person served with the notice of violation has a time period not to exceed five (5) days to petition for an informal hearing with the local code enforcement agency, which will be held within five (5) days. 111.3.5.2 Second notice of violation. A second notice of violation provides a time period not to exceed five (5) days for the correction of any violation. 111.4 Court proceedings. 111.4.1 The district court, upon due proceedings instituted in the name of any of the several cities or towns, has power to proceed according to equity: 111.4.1.1 To restrain, prevent, enjoin, abate, or correct a violation; or 111.4.1.2 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. 111.4.1.3 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 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. 111.4.2 The court shall extend priority to the scheduling of emergency cases. 111.5 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 § 8-8-3.2(b). Page 7 of 18 RISBC-6-2013 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 Page 8 of 18 RISBC-6-2013 Chapter 2 Definitions Delete existing section 201.2 and substitute the following 201.2 Interchangeability. Meaning of certain words. Wherever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises", and "structure" are used in this chapter they shall be construed as though they were followed by the words "or any part thereof". Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine, and the feminine the masculine. Delete existing section 201.3 and substitute the following 201.3 Terms defined in other codes Where terms are not defined in this code and are defined in Rhode Island State Building Codes SBC-1, Rhode Island One and Two Family Dwelling Code, SBC-3 Rhode Island Plumbing Code SBC-3, Rhode Island Mechanical Code SBC-4, Rhode Island Electric Code SBC-5, Rhode Island Energy Conservation Code SBC-8, Rhode Island Fuel Gas Code SBC-19, Rhode Island Fire Code, or in the locally adopted Zoning Code, such terms shall have the meanings ascribed to them as stated in those codes. Chapter 2 Definitions Section 202 Add the following definitions Accessory Structure. Means a detached structure which is not used or not intended to be used for living or sleeping by human occupants, and which is located on the same premises with a dwelling. Appropriate authority means the official department, or agency, designated by a local community to administer and enforce these regulations pursuant to the provisions of this chapter. Delete existing definition and substitute “Approved” Approved Means approved by the local or state authority having administrative authority. Add the following definitions Basement Means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground. Board Means the board established or designated as the housing board of review Cellar Means the portion of the building partly underground, having half or more than half its clear height below the average grade of the adjoining ground. Page 9 of 18 RISBC-6-2013 Central heating system Means a single system supplying heat to one or more dwelling unit(s) or more than one rooming unit Corporate unit Means a city or town, as the case may be, delegated with the powers to provide for the enforcement of this chapter. Enforcing officer Means the official charged with the administration and enforcement of this chapter, or the officials authorized representative. Guest Means any person who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days. (OR TRANSIENT) Household. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" is synonymous with the term "dwelling unit" for determining the number of units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following (1) A family, which may also include servants and employees living with the family; or (2) A person or group of unrelated persons living together. The maximum number may be set by local zoning ordinance, but this maximum shall not be less than three (3). Kitchen. Means any room containing any or all of the following equipment, or area of a room within three feet (3') of that equipment: sink, and/or other device for dish washing, stove or other device for cooking, and refrigerator or other device for cool storage of food. Lead-based substances Means any paint, plaster, or other building material which contains lead at levels in excess of acceptable environmental lead levels established by Department of Health Regulations. Noxious. Means harmful or injurious to health or physical well-being: noxious fumes. Nuisance Means a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience. Plumbing Means and includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, waste pipes, garbage disposal units, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, Page 10 of 18 RISBC-6-2013 vents, and any other similar supplied fixtures, together with all connections to water, sewer, septic tank, or gas lines Potential hazardous material Means any toxic material, including building material containing heavy-metal compounds in concentrations dangerous to the public health as deemed by the department of health of this state. reference and attach as appendix) Privacy Means the ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons. Refuse Means all putrescible and non-putrescible solids (except body wastes) including garbage, rubbish, ashes, and dead animals. Safety Means the condition of being free from danger and hazards which may cause accidents or disease. Structure That which is built or constructed or a portion thereof; and used; unused; or intended to be used for residential, commercial, business, or industrial use or occupancy. Supplied Means paid for, furnished, provided by, or under the control of the owner or operator. Un-vented portable space heater Means a non-flue connected, self-contained, self supporting, oil, gas, or solid-fueled heating appliance equipped with an integral reservoir designed to be carried from one room to another. Oil Means any liquid fuel with a flash point of greater than one hundred degrees (100°) Fahrenheit, including, but not limited to, kerosene. Page 11 of 18 RISBC-6-2013 Page 12 of 18 RISBC-6-2013 Chapter 3 General Requirements Add the following article 303.2.1 Enclosures Public Pools Enclosures at public pools licensed by the RI Department of Health definitions shall comply with barrier heights as prescribed by those regulations. Add the following articles after 305.3. Interior Surfaces 305.3.1 Potentially hazardous material on the interior surfaces of any dwelling unit, rooming house, rooming unit, or facility occupied by children is prohibited. The interior surfaces include, but are not limited to, window sills, window frames, doors, door frames, walls, ceilings, stair-rails and spindles, or other appurtenances. 305.3.2 Lead-based substances are prohibited whenever circumstances present a clear and significant health risk to the occupants of the property, as defined by regulations of the department of health. 305.3.3 In each instance where there is reason to believe that lead-based substances are present, the enforcing officer shall ascertain whether the lead hazard mitigation standard has been met or confirm whether suspect substances are lead-based by arranging for a lead mitigation inspection that conforms to housing resources commission regulations or arranging for a comprehensive environmental lead inspection which conforms to department of health regulations. 305.3.4 In all instances where either compliance with housing resources commission mitigation standards cannot be confirmed by the enforcement officer by review of certification for the same or where substances confirmed to be lead-based by an environmental lead inspection, and there exists a lead exposure hazard, the enforcing officer shall identify necessary lead hazard reductions that must be taken pursuant to either housing resources commission regulations or department of health regulations. 305.3.5 In all instances where lead-based substances are identified on a dwelling, a dwelling unit, or premises occupied by a child suffering from "lead poisoning", as defined in the Rhode Island Lead Poisoning Prevention Act, §§ 23-24.6-1 through 23-24.6-26, the enforcing officer shall consider these instances under "emergencies", pursuant to 111.0 Chapter 4 Light Ventilation and Occupancy limitations Page 13 of 18 RISBC-6-2013 Chapter 5 Plumbing Facilities and Fixture Requirements No Proposed amendments Page 14 of 18 RISBC-6-2013 Chapter 6 Mechanical and Electrical Requirements Delete section 602.3 and Substitute the Following 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1st to May 1st to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. Delete section 602.4 and Substitute the Following 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1st to May 1st to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities.602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall Add the following article 605.5 Switches Every habitable room and non-habitable room used for food preparation must have at least one floor or wall type electric convenience outlet for each sixty (60) square feet, or fraction thereof, of floor area, and in no case less than two (2) outlets. Every water closet compartment, bathroom, and kitchen or kitchenette, laundry room, furnace room, and public hall must contain at least one supplied ceiling, or wall, electric light fixture. Convenient switches or equivalent devices for turning on one light in each room or passageway must be located so as to permit the area ahead to be lighted. Section 606 Elevators, Escalators, and Dumbwaiters Delete Elevators, Escalators, and Dumbwaiters in its entirety (606.1 and 606.2) and substitute the following Page 15 of 18 RISBC-6-2013 606.1 Elevators, Escalators, and Dumbwaiters Elevators, Escalators, and Dumbwaiters shall be installed, operated and maintained in conformance to the Rhode Island Elevator Code. Page 16 of 18 RISBC-6-2013 Chapter 7 Fire Safety Requirements Section 704 Delete Section 704 Fire Protection Systems in its entirety and substitute the following 704 Fire Protection Systems [F] 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or combination thereof shall be maintained in an operable condition at all times in accordance with the State of Rhode Island Fire Code. 704.2 Carbon Monoxide Detection All Carbon Monoxide Detection and Alarm Systems shall conform to the requirements of the State of Rhode Island Fire Code. Page 17 of 18 RISBC-6-2013 Page 18 of 18 RISBC-6-2013 Chapter 8 Referenced Standards Delete ICC Referenced Standards in chapter 8 and substitute the following ICC International Code Council 5203 Leesburg Pike, Suite 600 Falls Church, VA 22041 VERIFY ALL CROSS REFERENCE ITEMS IN TABLE BELOW Standard reference number Title Referenced in code section number IBC-12 International Building Code®. = RI. Building Code RI SBC-1-2013 201.3, 302.7.1, 401.3, 702.3, 702.4 IEBC-12 International Existing Building Code™ = Rhode Island State Rehabilitation Building and Fire Code For Existing Buildings and Structures. SRC-1 2013 101.3, 102.3, 201.3 IFC-12 International Fire Code®= RI State Fire Code. 201.3, 702.1, 702.2, 704.1, 704.2 IMC-12 International Mechanical Code®. = RI. Mechanical Code RISBC-4-2013 201.3 IPC-12 International Plumbing Code® = RI Plumbing Code RISBC-3-2013 201.3, 505.1, 602.2, 602.3 IZC-12 International Zoning Code® = RIGL 45-24-27 ~ 45-24-72 "Rhode Island Zoning Enabling Act of 1991". And Local Municipal Zoning Codes so adopted 102.3, 201.3