Frequently Asked Questions about:
Permit FAQs – Downloadable PDF
Building Board of Review
Zoning Board of Review FAQs
Structures and Zoning FAQs
Mechanical Structures
Electrical Structures
Building Board of Review – FAQ’s:
How to petition the Building Board of Review?
Links to the application and instructions for the Building Board of Review are found below, or you can call the Boards of Review office at 401-680-5375 to request a Building Board of Review package.
What documentation is needed at a preliminary review?
A signed application, Two (2) complete sets of plans – scaled drawings indicating existing and proposed conditions and the relief requested.
Is the application filed with the Boards of Review?
In this case no. Your preliminary review will be conducted with the Building Official to ensure your application is complete and all necessary code relief is sought. for Please contact Alexis Thompson at athompson@providenceri.gov
After the preliminary review and the application is accepted, how long is the wait to appear before the Board?
Generally it takes one to two months after filling to appear before the board.
What should be expected at the hearing?
The Secretary of the Board will announce the subject address on the application and invite everyone to come forward who has an interest in the petition. Everyone will be sworn in by the Chair and the owner or the representative of the owner will present the petition. After everyone has been heard by the board, the chair will close the hearing on that particular case and the board will deliberate and render a decision.
The Board has approved/denied by application, what happens next?
You will receive a Resolution providing documentation that your application was approved or denied. An approval requires the owner to validate the resolution and the stamped approved plans on file with the Boards of Review must be submitted to the Department of Inspection and Standards.
Is there any recourse if an application is denied?
Yes, any aggrieved party affected by the decision of the local board may appeal to the State Board of Standards and Appeals within twenty (20) days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals. § 23-27.3-127.2.5 Procedures.
Zoning Board of Review – FAQ’s:
How to petition the Zoning Board of Review?
Links to the application and instructions for the Building Board of Review are found below, or you can call the Boards of Review office at 401-680-5375 to request a Zoning Board of Review package.
What documentation is needed at a preliminary review?
A signed application, Three complete sets of plans (scaled drawings, parking plans landscaping plans etc.), Ten Radius Plans, Two Mailing List, Two Sets of mailing Labels, Copy of Deed and a Check made payable to the Providence City Collector in the appropriate amount.
After the preliminary review and the application is accepted, how long is the wait to appear before the Board?
Generally, it takes one to two months after filling to appear before the board.
What should be expected at the hearing?
The Chair will announce the subject address on the application and invite everyone to come forward who has an interest in the petition. Everyone will be sworn in and the owner or the representative of the owner will present the petition. After everyone has been heard by the board, the chair will close the hearing on that particular case and the board will deliberate and render a decision.
The Board has approved/denied the application, what happens next?
The decision of the Board on every petition or appeal shall be in written form and shall include the reasons for the decision, findings of fact, and any special conditions attached thereto. The decision shall be filed in the office of the Board and of the Director within forty-five (45) days of the Board’s vote, and shall be open to public inspection. Notice of such decision shall be mailed to each party in interest, including the applicant and the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the Land Evidence Records of the City.
Does the variance expire?
Any variance or special use permit granted or authorized by the Board shall expire six months after the date of the filing of the resolution in the Office of the Board unless the applicant shall, within the six months, obtain a legal, complete building permit for the project and proceed with construction of the proposed improvements (for purposes of this section, demolition permits and foundation permits shall not be construed to be building permits); or, within the six months, obtain a legal building permit and a certificate of occupancy when no construction is required.
Should an applicant fail to obtain a legal building permit within the second six-month period, the Board may upon written request prior to the end of the second six-month period, renew the variance or special use permit for a third six-month period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution.
The request for the third six-month period shall be advertised and notice given in accordance with Section 902 and a hearing shall be held on the request. None of the six month periods shall run during the pendency of any Superior or Supreme Court actions concerning the grant.
Is there any recourse if my application is denied?
Yes, any person or persons, jointly or severally aggrieved by a decision of the Board may appeal said decision to the Superior Court within twenty (20) days after such decision is filed in the Office of the Board.
Structures and Zoning – FAQs:
When is a permit required?
See the Code governing the type of construction, e.g.
For Residential Buildings see SBC-2-2021 (IRC 2018 with RI amendments Chapter 1 Admin §R105 Permits:
R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
1. One-story detached accessory structures provided the floor area does not exceed 64 square feet (18.58 2)
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 32″ in height measured from the lower finished grade to the top of the Wall, unless supporting a surcharge.
However, there are Exceptions:
a. All cast-in-place concrete retaining walls greater that 24″ in height shall require a permit.
b. All engineered masonry retaining wall systems shall be installed in accordance with manufacturer’s Installation instructions.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallon (18 927L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep, and man-made landscape ponds of any depth.
8. Swings and other playground equipment, and play structures less that 64 square feet.
9. Window awnings supported by an exterior wall.
10. Replacement window sash installations. Exception: Replacement window installations that include a frame and sash(es) require a permit.
For commercial buildings see SBC-1-2021 (IBC 2018 with RI amendments) Chapter 1, Admin. §105 Permits
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets, and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one and two-family dwellings.
12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and does not require additional support of Groups R-3 and occupancies.
13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height.
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Residential work see SBC-2-2021(IRC 2018 with RI amendments) Chapter 1 Admin. §105 Permits
What inspections are required?
See the Code governing the type of construction, e.g.
For building see SBC-1-2021 (IBC 2018 with RI amendments) Chapter 1 Admin. §109 Inspections,
For Plumbing work see SBC-3-2021 (IPC 2018 with RI amendments) Chapter 1 Admin. §107 Inspections,
For Electrical work see SBC-5-2021 (NEC 2020) Appendix H 80.17 (f) Inspections
For Mechanical work see SBC-4-2021 (IMC 2018 with RI amendments) Chapter 1 Admin. §107 Inspections,
For Residential work see SBC-2-2021 (IRC 2018 with RI amendments) Chapter 1 Admin. §109 Inspections
How much will the permit cost?
See the fee schedule for Building, Plumbing, Mechanical, and Plumbing. Also see fee schedules for other departments that may be required.
When is a Certificate of Occupancy (CO) required?
See RI State Building Code Administrative Section §23-27.3-120.1-6 Certificate of Use and Occupancy.
§ 23-27.3-120.1 New buildings.
§ 23-27.3-120.2 Buildings hereafter altered.
§ 23-27.3-120.3 Existing buildings.
§ 23-27.3-120.4 Changes in use and occupancy.
§ 23-27.3-120.5 Temporary occupancy.
§ 23-27.3-120.6 Contents of certificate.
How long does it take to issue a permit?
For minor repairs e.g. re-roof, new siding, etc. a permit can often be applied for and issued within 5 business days. For interior renovations or tenant build-out, the permit and/or plan review will typically be ready in no more than 15 business days. For larger projects; the permit and/or plan review will be ready in no more than 30 business days.
Where are plans submitted for a permit and/or plan review?
All plans for all city departments required to perform a review for building permit applications shall be submitted to the Department of Inspection and Standards. City departments include but are not limited to: Structural, Fire Prevention, Fire Alarm, Plumbing, Mechanical, Electrical, Forestry, DPW and Providence Water. (other non-City departments may also require submittal e.g. Narragansett Bay, State Fire Marshal, Etc. )
Mechanical – FAQs
For all work not listed in Exempt work.
106.2 Permits not required. Permits shall not be required for the following:
1. Portable heating appliances;
2. Portable ventilation appliances and equipment;
3. Portable cooling units;
4. Steam, hot water or chilled water piping within any heating or cooling equipment or appliances regulated by this code;
5. The Replacement of any minor part that does not alter the approval of equipment or an appliance or make such equipment or appliance unsafe;
6. Portable evaporative coolers;
7. Self-contained refrigeration systems that contain 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less; and
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Residential work see SBC-2-2010 (IRC 2009 with RI amendments) Chapter 1 Admin. §105 Permits
A Rhode Island licensed contractor with the appropriate license for the type of work being performed may take out a permit and his licensed employees may perform the work. A homeowner of a single-family residence, owner-occupied, may take out a permit if they perform the work without help.
At a minimum, a Rough Inspection is required before drywall is installed or the work is covered up in any way. And a Final Inspection is required when the project is complete.
For Mechanical work see SBC-4-2021 (IMC 2018 with RI amendments) Chapter 1 Admin. §107 Inspections.
Only approved materials per the Mechanical Code see SBC-4-2021 (IMC 2018 with RI amendments)
Are any other approvals or permits required other than the Mechanical Permit?
Approval from the Department of Fire Prevention and Alarm is often required (Plans for those departments are dropped off here with all other required documents). Contact all appropriate non-City authorities, (State Board of Health, etc.) as required.
For most work the Permit may be issued within 5 business days, however; large-scale projects may require plan review, which can take from 15 to 30 business days.
Code books are available from the Rhode Island State Building Commission. They may be available at your public library (they are not available online, except for purchase.) See State of Rhode Island Building Code Commission or NASCLA Publications, Inc.
Electrical – FAQs
For Electrical work see SBC-5-2021 (RI Dept. of Labor and Training) Chapter 5-6-2
What inspections are required?
Do not begin any work, even demolition, without a permit. Required inspections will be outlined at the time of permit issuance. Rough inspections must be conducted before any work is covered up, and Final inspections are required before a CO can be issued.
See the Code governing the type of construction, e.g.
For Building: see SBC-1-2021 (IBC 2018 with RI amendments) Chapter 1 Admin. §109 Inspections,
For Electrical work: see SBC-5-2021 (NEC 2020) Appendix H 80.17 (f) Inspections
For Residential work: see SBC-2-2021 (IRC 2018 with RI amendments) Chapter 1 Admin. §109 Inspections
What is the correct code governing electrical work?
The SBC-5-2021 (RI Dept. of Labor and Training) and the NEC 2020.
Are any other approvals or permits necessary other than the Electrical Permit?
Often, they are. For Clarification contact this department and National Grid electrical division.
Can permits be issued on the same day or while I wait?
For most work the Permit may be approved within 5 business days, however; large-scale projects may require plan review, which can take from 15 to 30 business days.
Are the Codes available for reference?
Code books are available from the Rhode Island State Building Commission. They may be available at your public library (they are not available on-line, except for purchase.) See State of Rhode Island Building Code Commission or NASCLA Publications, Inc.
Prosecution – FAQs:
What is a complaint?
A complaint is a document filed with the Court to initiate a case by one party against another party for relief. In this case, it is initiated by the Department of Inspections and Standards against a property owner for correction of violations. It is intended to give the defendant notice of the claim being made for non-compliance.
I have been served with a complaint. What do I have to do to?
You must file an answer to the complaint, confirming or denying, in part or in whole, the claims made by the plaintiff (City of Providence) and set forth a legal defense. If the defendant fails to respond or if the court does not receive the response before the due date (20 days after the service of the complaint), you may automatically lose the case without receiving the opportunity to present your case in court. The court may enter a default judgment against you, which the plaintiff (City of Providence) can enforce by court order.
What is an answer?
An answer is your response to the complaint. It sets forth your position on the claims made by the plaintiff City of Providence and allows you to deny the claims.
How do I answer?
Your answer must be in writing and filed with the Providence Housing Court within the time permitted by law (no later than twenty (20) calendar days after service of a summons and complaint either by mail or personal delivery). You must also send a copy of the answer to the plaintiff’s City of Providence attorney whose name and address is on the summons. If you file your answer with the court by mail you run the risk of any missed delivery by the postal service. Remember, if you, the defendant, fail to respond or if the court does not receive the response before the due date, you may automatically lose the case.
What happens if I do not file an answer?
Normally, when people do not file an answer to the summons, the Court enters a default judgment against them.
Can I just call the attorney instead of filing a written answer?
Contacting the Housing Court or the City’s Attorney by telephone is not a substitute for a written answer to the complaint.
Are there any costs? How much money will I have to pay?
The defendant is responsible for the Housing Court fee for filing a complaint, which is $100.00. The owner is also responsible for the service charge for each defendant served by the constable and any fines imposed for non-compliance.
Do I need to hire an attorney?
The decision to hire an attorney is up to the individual. You are entitled to represent yourself in court.
Why do I have to come to Housing Court?
You are in Housing Court because the City of Providence has filed a Complaint with the Providence Housing Court. Usually, the charge is for Failure to Comply with a Notice of Minimum Housing, Building and/or Zoning Violations.
You must personally appear in court on your court date. An unexcused failure to appear for review may result in the entry of default, finding of contempt, the imposition of fines and/or the incurrence of costs, and/or the issuance of a body attachment (a warrant being issued for your arrest).
What will happen in court?
In court, you will have the opportunity to explain why you haven’t corrected the violations. You may inform the Court about any financial problems, physical or medical limitations or other factors that may affect your ability to make repairs and come into compliance.
Do I have to come to court if my violations are corrected?
You must come to court even if your violations are corrected unless you have been notified by the Prosecution division that you do not have to appear because you are in compliance.
What do I do if I have corrected all my violations?
When you have corrected all of your violations, contact the Inspector and request an inspection. The inspector will verify that the work has been completed and report to the court that you are in compliance.
What do I do if I don’t own the property for which I received a summons and complaint?
The issue before the court is whether you were in control of the property as of the date the notice of violation was issued. Selling or transferring the property does not necessarily resolve the case. However, if you sold the property before you were cited, you should submit a copy of the deed, showing the transfer date, to the City attorney at the address on the summons, or to the Department of Inspections – Prosecution Division.
What if I want to sell my property?
You are responsible for correcting the violations that occurred during your ownership or that were assumed by you when you purchased the property.
The Court will take into consideration your plans to sell the property when you bring in a copy of your listing agreement, purchase agreement, and any other related documents and you must take all reasonable steps to promptly sell the property.
You must inform the potential buyer in writing of the violations and any orders with the court before you transfer the title and the potential buyer must also contact the Prosecution Division of the Department of Inspections and Standards.
What if I can’t come to court on my court date?
If you can’t come to court, you must request a continuance. You need to contact Housing Court and the Assistant City Solicitor attorney for the Plaintiff City of Providence as soon as possible. You may also file a motion for a continuance explaining your reason for your request.
Whether a continuance is granted is within the discretion of the Judge. If your request is granted, you will be sent a notice of your next court date. However, it is your responsibility to find out if your request is granted and when you must appear in court.
I don’t have any money to fix the house. Where can I go for help? Or what will happen if I can’t make the repairs?
If you don’t have the funds to repair your property you should contact the following resources for financial assistance:
- City of Providence Planning and Development
- RI Housing
- Providence Preservation Society
- Rebuilding Together Providence
- West Elmwood Neighborhood Association
You will have a reasonable period of time to correct your violations
- Violations that affect health and safety, removal of junk vehicles or debris from the property must be repaired immediately
- Minor violations are to be corrected within 30 days
- Most violations should be corrected within 90 days. The Court will consider weather conditions that prohibit completion of some exterior repairs
It is an agreement of the parties which resolves the disputed issues and it is entered by the court. Once it’s signed, it becomes an official court order.
A compliance hearing will be scheduled to determine your compliance with the order. The court will get a report on the status of the violations. If you have met all of the conditions of the order and are making progress towards correcting the violations, the matter will continue and another compliance hearing will be set. If all your violations are reported by the City as abated or corrected and you have paid court costs, your case will be closed.
The City will file a motion for final judgment for court costs and fines and send you a notice to appear in court to explain why a judgment should not be entered. If you don’t appear in court, a judgment will be entered against you.
