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HB 5374

AN ACT RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE -- RHODE ISLAND INCLUSIVE HOME DESIGN ACT

2025 Regular Session Introduced by Cherie Cruz and 9 co-sponsors

Rhode Island Inclusive Home Design Act requires visitable, accessible features in many new or rehabilitated housing funded with public assistance.

04/10/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5374

Summary — HB 5374: Rhode Island Inclusive Home Design Act

Status: Committee recommended measure be held for further study (04/10/2025)
Introduced: Feb 7, 2025 (filed Mar 14, 2025) — Sponsors: Reps. Stewart, Speakman, Morales, Spears, Potter, Cruz, Felix, Kislak, J. Lombardi, Tanzi

Purpose

HB 5374 would amend the State Building Code to require basic “visitability” accessibility features in many newly constructed or substantially rehabilitated dwelling units that are subject to federal, state, or local financial assistance (or that are first occupied on or after the law’s effective date). The goal is to increase the number of housing units that are accessible or easily adaptable for people with mobility limitations.

Key provisions

  • Establishes the “Rhode Island Inclusive Home Design Act” as a new article in the State Building Code (Chapter 23-27.3).
  • Visitability requirement (§ 23-27.3-802):
    • Covered dwellings must include at least one level meeting the ANSI Standards for Type C (Visitable) Units in ICC ANSI A117.1-2017 (section 1105).
    • Future updates to the ANSI Type C standard apply when adopted by the state building code standards committee.
  • Waivers:
    • The building code standards committee may grant waivers for undue burden.
    • The committee must grant a waiver if compliance would increase the total project cost by more than 1% (i.e., to avoid increases exceeding 1%).
  • Enforcement and approvals (§ 23-27.3-803):
    • Applicants for public financial assistance must submit assurances that projects will comply.
    • Architectural/interior/construction plans for covered units must be submitted to and approved by the building code standards committee; submissions must note any public financial assistance.
    • Civil remedies: the state may recover civil damages and legal fees from a noncomplying developer up to the total amount of the federal/state/local assistance received; recovered funds go to the state general fund. Actions may be filed by state/local agencies, legislative bodies or officials (including the attorney general), or any Rhode Island resident.
    • (The version provided is truncated; additional enforcement provisions are referenced but not fully available in the text supplied.)

Definitions & scope

  • “Covered dwelling unit” includes: detached single‑family houses; townhouses/multi‑level units; ground‑floor units in multi‑unit buildings; and units accessible by elevator — when (a) designed/constructed by an entity that received or was guaranteed public financial assistance before design/construction, or (b) made available for first occupancy on/after the act’s effective date.
  • “Federal, state, or local financial assistance” is broadly defined and includes HUD/VA programs, state/quasi‑public agencies (e.g., RI Commerce, RI Department of Housing, RI Housing & Mortgage Finance Corporation), grants, loans, tax credits (including low‑income housing tax credits), property transfers/leases below fair market value, TIF and other redevelopment incentives, USDA housing assistance, etc.

Who would be affected

  • Developers, builders, designers, and owners of covered dwelling units that receive or are guaranteed public financial assistance, and units first occupied after the effective date.
  • State and local agencies that award or administer housing/development funds (must obtain assurances and review plans).
  • Prospective and current residents who would benefit from increased accessibility in new or rehabilitated housing.

Procedural status & timeline

  • Introduced to House Municipal Government & Housing (Feb 7, 2025).
  • Filed Mar 14, 2025; read and referred to other committees per legislative record.
  • As of 04/10/2025, the committee recommended the measure be held for further study.

Potential impacts

  • Likely increases in the baseline accessibility of publicly‑funded housing units; modest added construction costs in some projects (the bill contemplates waivers for undue burden and caps cost impact at 1% for mandatory waiver).
  • Strong enforcement tools (repayment of assistance up to the full award amount) create compliance incentives.
  • Broad definition of “financial assistance” brings many subsidized and incentivized projects into scope.

Note: The bill text provided was truncated in later enforcement sections; the summary reflects only the provisions included in the supplied text.

Compiled from official sources — confirm details with the bill’s official record.

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