RI 2026 H8021: Health and Safety - State Building Code - Rhode Island Inclusive Home Design Act

Plain-English Summary

This legislation establishes the "Rhode Island Inclusive Home Design Act." It amends the State Building Code to mandate that all new single-family, townhouse, and multi-family residential construction permitted after July 1, 2027, must meet specific accessibility standards defined by the American National Standards Institute (ANSI). Specifically, buildings without elevators must have at least one visitable level, while multi-family buildings with elevators must have all units meet visitability standards. The bill also requires basic adaptability standards for certain multi-family units. Exceptions are made for manufactured housing and renovations of existing buildings. Local authorities are prohibited from issuing permits for non-compliant plans.

For younger readers

This new law changes how houses and apartment buildings are built in Rhode Island. Starting in the summer of 2027, when builders make new homes, they have to follow special rules. These rules make sure that people who use wheelchairs or have trouble walking can get into the house and use the rooms easily. It applies to houses for one family and big buildings with many apartments. This helps make sure that more homes are safe and easy to use for everyone. Old houses do not have to change.

Who & Where It Applies

Impacted groups

Residential construction companiesReal estate developersPeople with physical disabilitiesNew home buyersLocal building inspectors

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Promotes social equity by ensuring that future housing stock is accessible to people with disabilities and the elderly, reducing housing discrimination and barriers to independent living.
Facilitates "aging in place," allowing individuals to remain in their communities as they grow older or if they acquire a disability, rather than being forced into institutional care.
Reduces social isolation by ensuring that private homes are "visitable," allowing friends and family members with disabilities to enter and use the bathrooms of residential homes.
May increase the cost of new housing construction, potentially driving up rents and home prices which could negatively impact low-income families and affordable housing initiatives.
Exempts existing buildings and renovations, meaning that the vast majority of current housing stock in older urban areas may remain inaccessible to the disability community.
Reliance on variances and appeals processes could allow wealthy developers to bypass requirements while smaller builders struggle with the regulatory burden.

For Conservatives

Explicitly exempts existing buildings and renovations, protecting current property owners from the financial burden of mandatory retrofitting.
Utilizes established industry standards (ANSI) rather than creating vague new government definitions, providing some predictability for the construction industry.
Includes an appeals and variance process, ensuring that property owners have a legal pathway to challenge requirements if compliance is impossible.
Imposes strict government mandates on the design of private single-family homes, infringing on the property rights and personal freedom of homeowners to build as they see fit.
Increases construction costs through added regulations, interfering with the free market and potentially stifling real estate development and economic growth.
Expands the bureaucracy of local permitting authorities, giving government officials more power to deny certificates of occupancy and control private development.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 66 additions

SECTION 1. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby amended by adding thereto the following article: § 23-27.3-800. Short title. This article shall be known and may be cited as the “Rhode Island Inclusive Home Design Act.” § 23-27.3-801. Definitions. As used in this article, the following terms shall have the following meanings, except where the context clearly indicates otherwise:

(1) "Article" means the Rhode Island inclusive home design act.

(2) "American National Standards Institute (ANSI)" means the organization that facilitates the development of American National Standards through the accreditation of the procedures of standards developing organizations and approves their documents as American National Standards (ANS). These documents provide technical guidelines on how to make residences accessible to people with disabilities to varying degrees. Designers and builders use ANSI standards to demonstrate compliance with industry best practices. Codes like the International Building Code

(IBC) reference ANSI standards.

(3) “Covered dwelling unit” is defined by §§ 23-27.3-802 and 23-27.3-803 of this article;

(4) "International Building Code (IBC)" means a comprehensive regulatory building code that is legally enforceable standards adopted by jurisdictions. The IBC applies to general building construction and major renovations, setting safety and welfare requirements. § 23-27.3-802. Visitability requirement.

(a) All new single-family construction, townhouse construction, and multi-family construction which does not include an elevator as part of its overall design, permitted after July 1, 2027, shall include no fewer than one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI') Standards for Accessible and Usable Buildings and Facilities (section 1105 of ICC ANSI A117.1-2017). Any updates to the ANSI Standards for Type C (Visitable) Units shall be applied to this section upon adoption by the building code standards committee.

(b) All new multifamily construction which does include an elevator as part of its overall design, permitted after July 1, 2027, shall provide that all units comply with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (section 1105 of ICC ANSI A117.1-2017). Any updates to the ANSI Standards for Type C (Visitable) Units shall be applied to this section upon adoption by the building code standards committee.

(c) This requirement does not apply to manufactured housing, adaptive re-use within the existing building envelope, or redevelopment of existing buildings. § 23-27.3-803. Basic adaptability requirement.

(a) All new multi-family construction with two (2) or more units, permitted after July 1, 2027, shall include no fewer than one level that complies with the Standards for Type B (basic adaptability) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (section 1105 of ICC ANSI A117.1-2017). Any updates to the ANSI Standards for Type B (basic adaptability) Units shall be applied to this section upon adoption by the building code standards committee.

(b) This requirement does not apply to manufactured housing, adaptive re-use within the existing building envelope, or redevelopment of existing buildings. § 23-27.3-804. Implementation and enforcement.

(a) In the instance that a covered dwelling unit subject to the provisions outlined by this article, cannot comply with its requirements, in whole or in part, the aggrieved party may make an appeal in accordance with § 23-27.3-127.1(b)(1).

(b) Local permitting authorities shall not issue a build permit for any covered dwelling units that do not comply with the applicable standards after July 1, 2027, unless the development has received a variance and the proposed design is consistent with that variance.

(c) Local permitting authorities shall not issue a certificate of occupancy on any covered units that do not comply with the applicable standards which were permitted after July 1, 2027, unless the development has received a variance and the completed units are consistent with the requirements of that variance.

(d) The standards set forth in §§ 23-27.3-802 and 23-27.3-803 are intended to supplement and not replace other accessibility requirements. Where specific requirements in this article differ from or conflict with other state or federal accessibility requirements, the most stringent required accessible standard applies. § 23-27.3-805. Disclaimer of preemptive effect. Nothing in this article shall limit any right, procedure, or remedy available under the Constitution of the United States, the Rhode Island Constitution, or any other chapter of the general laws. § 23-27.3-806. Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, the remaining provisions of this article and the application of those provisions to other persons or circumstances shall not be affected thereby.

SECTION 3. This act shall take effect upon passage.