§ 23-27.3-127.1.4. Procedures — Record of variances.
(a) Upon receipt of an appeal, the secretary of the board of standards and appeals shall appoint a panel of not less than nine (9) members of the board to hear the appeal. A majority of the panel constitutes a quorum.
(b) The board shall fix a day for hearing on the appeal and shall give reasonable notice thereof to the aggrieved party and the property owners within two hundred feet (200′) of subject property line when, in the board’s discretion, it may have an adverse effect on neighboring properties. A properly indexed record of all variations made shall be kept in the office of the state building commissioner and shall be open to public inspection.
(c) An aggrieved party may file an appeal for a variance to the board by certified mail, and a hearing date shall be set by the board within thirty (30) days of filing. A copy of the decision of the board shall be mailed to the aggrieved party and the local board of appeal from which the appeal has been taken not later than thirty (30) days following the date of the hearing. Failure to render a decision within thirty (30) days does not affect the validity of the decision or appeal.
(d) Application for appeal must be accompanied by three (3) copies of the required plans for review by the state building commission and the state board of standards and appeal. When available, a copy of the local board of appeals hearing transcript shall also be filed. When the board of appeals deems it necessary, the aggrieved party shall also provide a radius map indicating the adversely affected neighboring properties and a list of names and addresses of the properties.
(e) The local board of appeals shall submit to the state board of standards and appeals a copy of its decision.
(f) Any aggrieved party affected by any ruling of the state board of standards and appeals may appeal to the sixth division district court within thirty (30) days from the mailing to the local board of appeals and owner.
(g)(1) The appellant and the city or town involved in the original appeal to the board of standards and appeals shall remain as the parties in interest in any appeal to the sixth division district court. In the instance where a town or city does not have a legally constituted board of appeal and the state board is acting in accordance with § 23-27.3-127.1, the parties in interest in any appeal to the sixth division district court shall remain the original appellant. An appeal from a decision of the board of standards and appeals shall be instituted by the aggrieved party’s filing a complaint in the sixth division district court in the county where the building or structure is located, and the complaint shall be served upon the opposing party in the manner prescribed by applicable procedural rules. The state board of standards and appeals shall not be a party to the appeal and shall not be served with the complaint.
(2) The filing of the complaint does not itself stay enforcement of the board’s decision, but the board may grant, or the reviewing court may order, a stay upon appropriate terms.
(3) Once an appeal has been filed, the sixth division district court shall conduct its judicial review of the appeal in accordance with § 42-35-15(d), (e), (f), and (g), and subsequent review by the supreme court shall be in accordance with § 42-35-16.
(h) Upon the filing of an appeal to the sixth division district court, the appellant shall notify the board of appeal in writing of the appeal, and the board shall within thirty (30) days after the receipt of the notice, transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. Any parties unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. The cost of transcribing the record shall be paid by the appellant.
History of Section.P.L. 1976, ch. 256, § 1; P.L. 1985, ch. 162, § 1; P.L. 1999, ch. 430, § 3.
Structure Rhode Island General Laws
Chapter 23-27.3 - State Building Code
Article 2 - New Buildings and Structures
Section 23-27.3-111.0. - New and altered building and structure — Inspections.
Section 23-27.3-111.1. - Preliminary inspection.
Section 23-27.3-111.2. - Inspection.
Section 23-27.3-111.3. - Manufacturing buildings.
Section 23-27.3-111.3.1. - Plant inspection.
Section 23-27.3-111.3.2. - Installation site inspection.
Section 23-27.3-111.4. - Existing buildings.
Section 23-27.3-111.4.1. - Periodic inspections.
Section 23-27.3-111.4.2. - Repealed.
Section 23-27.3-111.5. - Final inspection.
Section 23-27.3-111.6. - Inspection services.
Section 23-27.3-111.7. - Coordination of inspections.
Section 23-27.3-112.0. - Right of entry.
Section 23-27.3-112.1. - Official identification card.
Section 23-27.3-112.2. - Municipal cooperation.
Section 23-27.3-113.0. - Application for permit.
Section 23-27.3-113.1. - When permit is required.
Section 23-27.3-113.1.1. - Issuance of permits for siding.
Section 23-27.3-113.2. - Form of application.
Section 23-27.3-113.3. - By whom application is made.
Section 23-27.3-113.3.1. - Applications for work requiring licensed workers.
Section 23-27.3-113.3.2. - Applications for work requiring registered workers.
Section 23-27.3-113.4. - Description of work.
Section 23-27.3-113.5. - Plans and specifications.
Section 23-27.3-113.5.1. - Repealed.
Section 23-27.3-113.6. - Plot plan.
Section 23-27.3-113.6.1. - Approval of an individual sewage disposal system.
Section 23-27.3-113.7. - Engineering details.
Section 23-27.3-113.8. - Amendments to application.
Section 23-27.3-113.9. - Time limitation on application.
Section 23-27.3-114.0. - Permits.
Section 23-27.3-114.1. - Action on application.
Section 23-27.3-114.1.1. - Reports to assessors.
Section 23-27.3-114.2. - Expiration of permit.
Section 23-27.3-114.3. - Previous approvals.
Section 23-27.3-114.3.1. - Drawings and specifications.
Section 23-27.3-114.4. - Building official to sign permit.
Section 23-27.3-114.5. - Approved plans.
Section 23-27.3-114.6. - Revocation of permits.
Section 23-27.3-114.7. - Approval in part.
Section 23-27.3-114.8. - Posting of permit.
Section 23-27.3-114.9. - Notice of building start.
Section 23-27.3-115.0. - Conditions of permit.
Section 23-27.3-115.1. - Compliance with code.
Section 23-27.3-115.2. - Compliance with permit.
Section 23-27.3-115.3. - Compliance with plot plan.
Section 23-27.3-115.4. - Change in plot plan.
Section 23-27.3-115.5. - Dismissal of contractor or subcontractor.
Section 23-27.3-115.6. - Electronic construction permitting.
Section 23-27.3-116.0. - Moving, raising, shoring, or demolition of buildings.
Section 23-27.3-116.1. - Service connections.
Section 23-27.3-116.2. - Buildings to be rodent-eradicated prior to demolition.
Section 23-27.3-116.3. - Description and inspection of buildings — Travel route.
Section 23-27.3-116.4. - Agreement condition to moving.
Section 23-27.3-116.5. - Public utilities, wires, poles, trees, and shrubs.
Section 23-27.3-116.6. - Moving to be continuous.
Section 23-27.3-116.7. - Watchperson and lights during moving.
Section 23-27.3-116.8. - Bonds and liability insurance.
Section 23-27.3-116.9. - Shoring.
Section 23-27.3-117.0. - Removal of structures.
Section 23-27.3-117.1. - Lot regulation.
Section 23-27.3-118.0. - Fees.
Section 23-27.3-118.1. - Special fees.
Section 23-27.3-118.2. - Ramps for disabled persons.
Section 23-27.3-119.0. - Fee computation.
Section 23-27.3-120.0. - Certificate of use and occupancy.
Section 23-27.3-120.1. - New buildings.
Section 23-27.3-120.2. - Buildings hereafter altered.
Section 23-27.3-120.3. - Existing buildings.
Section 23-27.3-120.4. - Changes in use and occupancy.
Section 23-27.3-120.5. - Temporary occupancy.
Section 23-27.3-120.6. - Contents of certificate.
Section 23-27.3-121.0. - Posting buildings.
Section 23-27.3-121.1. - Posted use and occupancy.
Section 23-27.3-121.2. - Posted occupancy load.
Section 23-27.3-121.3. - Furnishing of posted signs.
Section 23-27.3-121.4. - Periodic inspection for posting.
Section 23-27.3-122.0. - Violations.
Section 23-27.3-122.1. - Notice of violation.
Section 23-27.3-122.1.2. - Notice or orders — Service and content.
Section 23-27.3-122.2. - Prosecution of violation.
Section 23-27.3-122.3. - Penalties.
Section 23-27.3-122.4. - Abatement of violations.
Section 23-27.3-123.0. - Stop-work order.
Section 23-27.3-123.1. - Notice to owner.
Section 23-27.3-123.1.1. - Posting of order.
Section 23-27.3-123.2. - Unlawful continuance.
Section 23-27.3-124.0. - Unsafe structures — General provisions.
Section 23-27.3-124.1. - Unsafe conditions.
Section 23-27.3-124.2. - Notice of unsafe condition.
Section 23-27.3-124.3. - Appeals.
Section 23-27.3-124.4. - Restoration of unsafe buildings.
Section 23-27.3-124.4.1. - Compliance.
Section 23-27.3-124.5. - Disregard of unsafe notice.
Section 23-27.3-124.6. - Boarding.
Section 23-27.3-124.6.1. - Disconnection of utilities.
Section 23-27.3-124.6.2. - Removal of debris and rubbish.
Section 23-27.3-125.0. - Emergency measures.
Section 23-27.3-125.1. - Vacating buildings.
Section 23-27.3-125.2. - Temporary safeguards.
Section 23-27.3-125.3. - Closing streets.
Section 23-27.3-125.4. - Emergency repairs.
Section 23-27.3-125.5. - Hazardous buildings.
Section 23-27.3-125.6. - Costs of emergency repairs.
Section 23-27.3-125.7. - Lien for emergency repairs.
Section 23-27.3-126.0. - Appeals from orders in regard to unsafe buildings.
Section 23-27.3-126.1. - Application for review.
Section 23-27.3-126.2. - Procedure.
Section 23-27.3-126.3. - Findings.
Section 23-27.3-127.0. - State and local boards of appeals.
Section 23-27.3-127.1. - Committee to serve as a board of standards and appeals.
Section 23-27.3-127.1.1. - Stay of proceedings.
Section 23-27.3-127.1.2. - Granting variance.
Section 23-27.3-127.1.3. - Additional powers.
Section 23-27.3-127.1.4. - Procedures — Record of variances.
Section 23-27.3-127.2. - Local board of appeals.
Section 23-27.3-127.2.1. - Membership and local board.
Section 23-27.3-127.2.2. - Stay of proceedings.
Section 23-27.3-127.2.3. - Granting variance.
Section 23-27.3-127.2.4. - Additional powers.
Section 23-27.3-127.2.5. - Procedures.
Section 23-27.3-127.2.6. - Local decision transmitted to state board.
Section 23-27.3-128.0. - Design and construction procedures.
Section 23-27.3-128.1. - Scope.
Section 23-27.3-128.1.1. - Owner’s responsibilities.
Section 23-27.3-128.1.2 - — 23-27.3-128.1.5. Repealed.
Section 23-27.3-128.2. - Repealed.
Section 23-27.3-128.2.1. - Drawings and specifications.
Section 23-27.3-128.2.2. - Responsibilities.
Section 23-27.3-128.2.3. - Reporting.
Section 23-27.3-128.3. - Construction contractor responsibilities.
Section 23-27.3-128.4. - Testing required.
Section 23-27.3-128.5. - Building official’s responsibilities.
Section 23-27.3-128.5.1. - Waiver of plan examination.
Section 23-27.3-128.5.2. - Waiver of detailed field inspection.
Section 23-27.3-128.5.3. - Inspection waiver — Utilization.
Section 23-27.3-128.5.4. - Building permit issuance or requirements.
Section 23-27.3-128.6. - Special technical services.
Section 23-27.3-128.7. - Fees and costs.
Section 23-27.3-129.0, 23-27.3-129.1. - Repealed.