Establishes a new article in the state building code that provides that certain new housing construction contain at least one floor that meets the requirements for a Type C "ANSI'' Standards for Accessible and Usable Buildings and Facilities.
H5374 would create a new article in Rhode Island’s State Building Code called the Rhode Island Inclusive Home Design Act. The bill requires certain covered dwelling units in new construction or substantial rehabilitation to include at least one level that complies with the ANSI Type C (“visitable”) standards for accessible and usable buildings and facilities. The covered units include detached single-family homes, townhouses or multi-level units, ground-floor units in multi-unit buildings, and units accessible by elevator, so long as they are intended for residential occupancy and meet the bill’s financial-assistance or first-occupancy criteria.
The bill also sets out how the requirement would be enforced. Applicants for federal, state, or local financial assistance tied to covered housing projects would have to provide assurances of compliance, and plans for covered units would need to be submitted to the building code standards committee for approval. The committee could grant waivers for undue burden, and must grant a waiver if compliance would increase total project cost by more than one percent. The act would take effect upon passage.
This bill would amend chapter 23-27.3 of the General Laws by adding a new accessibility and visitability mandate to the state building code. It would affect developers, builders, design professionals, and recipients of public or quasi-public housing-related assistance, while also giving the building code standards committee a new role in plan review and waiver decisions. The bill creates civil enforcement tools, including actions by aggrieved persons, the attorney general, and public entities, and authorizes damages, injunctions, attorneys’ fees, and recovery of public assistance funds in some cases. It also provides for joint and several liability in certain circumstances and states that conflicting state or local laws are invalid to the extent they would permit conduct that violates the act.
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a pro-accessibility housing policy intended to expand visitability in new homes. The sponsors and caption suggest support for inclusive design and easier access for residents and visitors with mobility limitations. Because no vote history or transcript is available, there is no documented committee sentiment in the provided materials, but the structure of the bill indicates a strong policy preference for accessibility requirements with limited waiver relief.
The main points of contention likely concern cost, feasibility, and liability. The bill’s waiver provisions show an effort to address developer concerns by allowing relief for undue burden and requiring a waiver when compliance would raise project costs by more than one percent. At the same time, the bill imposes significant enforcement mechanisms, including civil damages, attorney general enforcement, and potential liability for state or local agencies that approve noncompliant plans. Those provisions could be controversial for builders, municipalities, and agencies that would bear compliance and litigation risk, while disability advocates and accessibility proponents would likely favor the stronger design standards and enforcement tools.