reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 1 - Disability Business Enterprises (525-RICR-20-00-1) › Section 525-RICR-20-00-1.2 - Purpose

Current through June 14, 2024
The purpose of this regulation is to implement R.I. Gen.
					 Laws Chapter 37-2.2 and "carry out the state's policy of supporting the fullest
					 possible participation of small disadvantaged businesses owned and controlled
					 by persons with disabilities in state funded and state directed public
					 construction and projects and in state purchases of goods and services. This
					 includes assisting disadvantaged disability businesses throughout the life of
					 contracts in which they participate."
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 1 - Disability Business Enterprises (525-RICR-20-00-1) › Section 525-RICR-20-00-1.3 - Definitions

Current through June 14, 2024
A. As used in this chapter, the following
				 words and phrases shall have the following meanings unless the context shall
				 indicate another or different meaning or intent:
1. "Commission" means the "Governor's
				 Commission on Disabilities".
2.
				 "Construction" means as defined in R.I. Gen. Laws §
											37-2-7.
3. "Contract" means as defined in R.I. Gen.
				 Laws §
											37-2-7.
4. "Hearing Board" means the R.I. Gen. Laws
				 §
											42-51-6.1 Governor's Commission on Disabilities - Hearing boards.
5. "Persons with disabilities" means as
				 defined in R.I. Gen. Laws §
											37-2.2-2(1).
6. "Small business concern", means as defined
				 pursuant to 15 U.S.C. Chapter 632(a) the Federal Small Business Act, but have
				 fifty (50) or fewer employees.
7.
				 "Small disadvantaged disability businesses owned and controlled by persons with
				 disabilities" means as defined in R.I. Gen. Laws §
											37-2.2-2(2).
8. "The State" means as defined in R.I. Gen.
				 Laws §
											37-2-7.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 1 - Disability Business Enterprises (525-RICR-20-00-1) › Section 525-RICR-20-00-1.4 - Certification of Small Disadvantaged Disability Business Enterprises (SDBE)

Current through June 14, 2024
1.4.1
Ownership and Control
				 Requirements
A. An applicant must
				 satisfy either §§1.4.1(1), (2) or
				 (3) of this Part, as well as §§1.1.1(4),
				 (5),  and (6) of this Part (below) in order to
				 be considered fifty-one percent (51%) owned by members with disabilities:
1. In a corporate form of organization, the
				 shareholder(s) with disabilities of the corporation must own at least fifty-one
				 percent (51%) of each and every class of stock, including fifty-one percent
				 (51%) of all voting stock in the corporation; or
2. In a partnership form of organization, the
				 partner(s) with disabilities must own at least fifty-one percent (51%) of the
				 partnership; or
3. In any other
				 form of organization, the owner(s) with disabilities must own at least
				 fifty-one percent (51%) of the business interest of the organization including
				 but not limited to fifty-one percent (51%) of the ownership of assets,
				 dividends, and intangible assets such as copyrights and patents; and
4. The owner(s) with disabilities must
				 demonstrate that they are entitled to receive profits from the business firm
				 and that they are entitled to share in any other benefit which accrues to all
				 owners of the business firm; and
5.
				 The owner(s) with disabilities must substantially share in all the risks
				 assumed by the business firm, and
6. The business firm cannot at any time enter
				 into any agreement, option, scheme, or create any rights of conversion, which
				 if exercised, would result in less than fifty-one percent (51%) ownership of
				 the business firm by persons with disabilities.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.1 - Statutory Authority

Current through June 14, 2024
R.I. Gen. Laws Chapter 42-51-13. Livable home modification
					 program.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.2 - Purpose

Current through June 14, 2024
A. People with disabilities, who remain
				 active in their community do not utilize health care services as they would in
				 assisted living, nursing homes or other institutions.
B. One of the keys for the individual with a
				 disability to remain in her/his community is the ability to get into and out of
				 their own home and navigate safely in their home, with or without
				 assistance.
C. Renovating a home or
				 an apartment by removing barriers allows the family member with significant
				 disabilities to stay safely, independently and out of longterm care facilities.
				 It also can reduce falls and related emergency care facilities, hospital and
				 rehabilitation expenses.
D. The
				 Rhode Island Livable Home Modification Grants assists homeowner and renters
				 modify residences to nationally recognized accessibility standards.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.3 - Incorporation by Reference

Current through June 14, 2024
A. These
				 Regulations hereby adopt and incorporate:
1.
				 Uniform Federal Accessibility Standards, 41 C.F.R. Part 101-19.6, App. A.,
https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas[access-board.gov]
by reference, not including any further editions or amendments thereof and only
				 to the extent that the provisions therein are not inconsistent with these
				 Regulations, and
2. The Fair
				 Housing Accessibility Guidelines (1991)
https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/fhefhag
by reference, not including any further editions or amendments thereof and only
				 to the extent that the provisions herein are not inconsistent with these
				 Regulations.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.4 - Definitions

Current through June 14, 2024
A. As used in this Regulation:
1. "Accessibility features" means and
				 includes the following:
a. Accessible route to
				 a zero (0) step entrance on firm surface that is no steeper than a 1:12 slope
				 from a driveway or public sidewalk;
b. Zero (0) step entrance;
c. Doorways that are usable by the
				 individual's mobility device and at least thirty-two inches (32") of clear
				 width;
d. Hallways and passages
				 that are usable by the individual's mobility device and at least thirty-six
				 inches (36") of clear width;
e.
				 Accessible light switches, electrical outlets and environmental
				 controls;
f. Accessible
				 bathroom;
g. Accessible and useable
				 kitchen facilities;
h. Handrails
				 and grab bars;
i. Purchase and
				 permanent installation of a backup electric generator for life sustaining
				 electric-powered medical equipment in their homes for devices such as
				 respirators, oxygen concentrators, and/or dialysis machines;
j. Installation of a permanent home
				 monitoring system for residents with any form of dementia; and
k. Modifying of an existing unit shall also
				 include permanently installed lifts or elevators. The modification of these
				 features must meet the specifications of an existing standard.
l. Appliances or alarms that can be easily
				 reinstalled in another residence would not meet the definition of an
				 accessibility feature.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.5 - Livable Home Modification Grants

Current through June 14, 2024
A. Any resident who
				 has a disability who modifies or hires someone to modify an existing residence
				 shall be eligible for a livable home modification grant of fifty percent (50%)
				 of the total amount spent upon meeting the qualification criteria for modifying
				 an existing residence, not to exceed four thousand five hundred dollars
				 ($4,500.00), provided that the modification of the existing residence meets:
1. The qualification criteria as established
				 in §
											3.6     of this Part; and
2.
				 The eligibility requirements established in §
											3.8     of this Part.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.6 - Qualifications for Grant

Current through June 14, 2024
A. Modifying an
				 existing unit. In order to qualify for the grant, the modification of an
				 existing residential unit must include at least one (1) accessibility feature
				 as defined in §
										3.4     of this Part and meet the requirements of an Existing
				 standard as defined in §
										3.4     of this Part, or provide Sensory
				 modifications as defined in §
										3.4     of this Part.
B. Grants shall be allowed under this
				 Regulation for the modification of residential rental property provided that
				 the owner of the rental property has submitted an affidavit declaring that the
				 residential unit's accessibility features shall be maintained accessible for
				 ten (10) years from the date the modification was completed.
C. Excluded from the grants are entities that
				 are:
1. Eligible for the Federal disabled
				 access credit established under the Internal Revenue Code,  26 U.S.C. §
												44  (
https://www.irs.gov/forms-pubs/about-form-8826
)
				 and R.I. Gen. Laws Chapter 44-54-1, Disabled Access Credit for Small
				 Businesses;
2. Limited liability
				 companies or foreign limited liability companies, as defined in R.I. Gen. Laws
				 Chapter 7-16-2;
3. S Corporations
				 established under Subchapter S of Chapter 1 of the Internal Revenue Code (26 U.S.C. §
												1361
et seq
.) (
https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations
);
4. Cooperative housing corporations, as
				 defined in R.I. Gen. Laws Chapter 7-6.1-4; or
5. Corporations or foreign corporations, as
				 defined in R.I. Gen. Laws Chapter 7-1.2-106.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.7 - Application

Current through June 14, 2024
A. Eligible residents, their guardian, or
				 healthcare power of attorney shall apply for the grant by making application to
				 the Commission, which shall issue a Livable Home Modification Grant Award
				 Letter for an approved application to the resident who has a disability,
				 guardian or power of attorney.
1.
				 Accessibility modification of the residence or residential structure must not
				 begin until the Livable Home Modification Grant Award Letter has been
				 issued.
2. Only in the following
				 circumstances may the modification have begun prior to the issuance of the
				 Livable Home Modification Grant Award Letter:
a. The applicant would not have been
				 discharged to a private residence from a Health care facility; or
b. The applicant would not have been able to
				 attend healthcare appointments following their diagnosis; or
c. The applicant would not have been able to
				 return to a private residence following the qualifying diagnosis.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.8 - Financial Eligibility

Current through June 14, 2024
A. Eligibility is
				 determined by the income in the prior year of the resident who has the
				 disability, not the household income.
1. If
				 the resident who has the disability was not required to file a Federal tax
				 return in the prior year:
a. The resident,
				 legal guardian, or power of attorney must submit an affidavit declaring that
				 the resident was not required to file a Federal tax return in the prior year;
				 then
b. The resident would be
				 eligible for a Livable Home Modification Grant, provided the resident meets all
				 the other requirements in:
(1)
													§
													3.6     of
				 this Part, Qualifications for Grant; and
(2)
													§
													3.7     of this Part,
				 Application.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.9 - Application Approval

Current through June 14, 2024
A. A Livable Home
				 Modification Grant Award Letter shall:
1. Be
				 sent by US Postal Service to the mailing address on the application;
2. The modification must not begin until the
				 Commission issues a Livable Home Modification Grant Award Letter.
3. The Award Letter shall include the maximum
				 reimbursement available for the modification, based on the
				 contractor/installer's quote or estimate total cost of the accessibility
				 features and/or sensory modifications to the residence.
4. The Commission must be notified of any
				 projected increase in modification costs, in excess of amount included in the
				 Livable Home Modification Grant Award Letter:
a. Unless an Amended Livable Home
				 Modification Grant Award Letter increasing the maximum reimbursement is issued,
				 the Commission will not reimburse the beneficiary any costs exceeding the
				 original Award Letter's maximum reimbursement.
5. The Livable Home Modification Grant Award
				 expires one hundred twenty (120) days after the award letter is mailed, unless
				 the Commission has received:
a. The post
				 modification claim for reimbursement described in §
												3.11     of this
				 Part.
b. Notice that the
				 accessibility modification has begun; or
c. A signed copy of construction and/or
				 installation contract for the modification.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.10 - Termination of a Grant Award

Current through June 14, 2024
A. The Commission
				 shall send a Livable Home Modification Grant Award Termination Letter by U.S.
				 Postal Service to the mailing address on the application, after the one hundred
				 twentieth (120th) day.
1. The award termination letter will inform
				 the recipient that:
a. She/he may reapply by
				 submitting a new application to the Commission; and
b. Any modification must not begin until the
				 Commission has issued a new Livable Home Modification Grant Award
				 Letter.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.11 - Filing a Claim for Reimbursement

Current through June 14, 2024
A. Post
				 modification documentation must include:
1.
				 Before and after photographs of the area modified;
2. A scope of work and work
				 specifications;
3. Copies of
				 purchase contracts, invoices, cancelled checks, construction contracts,
				 etc.;
4. Certification from a
				 Qualified healthcare professional that the modification meets the Existing
				 standards for adaptability features; and
5. Copies of all post modification building
				 permits/certification of occupancy.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 3 - Rhode Island Livable Home Modifications › Section 525-RICR-20-00-3.12 - Application Denial and Appealing an Application Denial

Current through June 14, 2024
A. An application will be denied if it does
				 not meet the requirements of:
1. The
				 qualification criteria as established in §
											3.6     of this Part; or
2. The application requirements and deadlines
				 established in §
											3.7     of this Part; or
3. The financial eligibility limits
				 established in §
											3.8     of this Part.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.1 - Authority

Current through June 14, 2024
A. R.I. Gen. Laws §
										42-45-5(a) through
				 (b)  authorizes the Commission to establish
				 criteria for evaluating historical, architectural, or cultural sites,
				 buildings, places, landmarks, or areas; to compile, maintain, and publish a
				 state register of historical, architectural, and cultural sites, buildings,
				 places, landmarks, and areas; and advise state and municipal government
				 regarding their activities which may affect historic properties.
B. R.I. Gen. Laws Chapter 42-45.1 authorizes
				 the Commission to prescribe rules for the identification, preservation,
				 excavation, study, and exhibition of the state's archaeological
				 resources.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.3 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					  36 C.F.R. §
											60.4  (2018) and
					  36 C.F.R. §
											60.6  (2018) by reference, not
					 including any further editions or amendments thereof.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.4 - The State Register

Current through June 14, 2024
A. Purposes of the
				 State Register - The State Register is an authoritative guide to be used by
				 state and local governments, private groups, and citizens to identify the
				 state's historical, architectural, and cultural resources which are significant
				 and worthy of being preserved.
B.
				 Criteria for evaluation for State Register Nomination -
1. The following criteria shall be used in
				 evaluating properties for nomination to the State Register:
a. The quality of significance in Rhode
				 Island history, architecture, archaeology, and culture is present in districts,
				 sites, buildings, structures, and objects of national, state and local
				 importance that possess integrity of location, design, setting, materials,
				 workmanship, feeling and association and
(1)
				 that are associated with events that have made a significant contribution to
				 the broad patterns of history, or
(2) that are associated with the lives of
				 persons significant in our past; or
(3) that embody the distinctive
				 characteristics of a type, period or method of construction, or that represent
				 the work of a master, or that possess high artistic values, or that represent a
				 significant and distinguishable entity whose components may lack individual
				 distinction; or
(4) that have
				 yielded, or may be likely to yield, information in pre-history or
				 history.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.5 - The Review Process

Current through June 14, 2024
A. General
1. Purposes of the review process
a. The Commission coordinates historic
				 preservation concerns with the needs of State undertakings. The Executive
				 Director, the Agency Official, and other Interested Parties shall begin during
				 the early stages of project planning. The review process shall be integrated
				 into the agency's normal project planning and shall provide for the
				 identification and consideration of historic properties. The Agency shall
				 provide for participation by the Commission and Interested
				 Parties.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.6 - Appeal to the Governor

Current through June 14, 2024
Advisories issued by the Commission in accordance with
					 these procedures shall be followed by the Agency unless there are compelling
					 reasons for not doing so. If the Agency does not agree to comply with the
					 Commission's Advisory, the Agency shall prepare a written explanation and
					 submit its response, together with a copy of the Commission's Advisory, to the
					 Governor for final determination. The Agency shall submit a copy of such
					 response to the Commission. The Agency may not proceed with the proposed
					 undertaking until a final determination is issued by the Governor. Appeal to
					 the Governor is an administrative remedy and is in addition to any other legal
					 appeal which may be authorized by the Administrative Procedures Act or other
					 statute.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.7 - Fulfillment of Terms of a Memorandum of Agreement

Current through June 14, 2024
When a Memorandum of Agreement, other Commission Advisory
					 or Final Determination by the Governor becomes final, the Agency shall carry
					 out the undertaking in accordance with its terms to fulfill the Agency
					 responsibilities under R.I. Gen. Laws § 42-45. Failure to carry out the
					 terms requires the Agency to resubmit the undertaking to the Commission for
					 comment in accordance with §
										1.4     of this
					 Part.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.8 - Public Request to the Commission

Current through June 14, 2024
A. When requested by
				 any person, the Executive Director shall consider an Agency's activity to
				 determine whether it is an undertaking subject to review in accordance with
				 these regulations. The Executive Director shall advise the person making the
				 request, and the Agency if appropriate, of his/her finding.
B. Agencies should consider the concerns of
				 the public; however, an inquiry to the Commission does not suspend action on an
				 undertaking.
C. If the Executive
				 Director finds that the activity is an undertaking subject to review by the
				 Commission, the Executive Director and the Agency Official shall immediately
				 initiate review in accordance with these regulations, and the Agency shall stop
				 any actions which would preclude the Commission's opportunity to issue its
				 advisory.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.9 - Documentation Requirements

Current through June 14, 2024
A. The following
				 documentation requirements provide guidance to the Executive Director and the
				 Agency Official in reviewing an undertaking, and they should document their
				 findings and agreements in writing to the extent appropriate. Complete, written
				 documentation should be provided to the Commission when an undertaking is
				 reviewed by the Commission in accordance with §
										1.5(G)     of
				 this Part. In the event of an appeal to the Governor, copies of this
				 documentation will be provided for the Governor's review.
1. Finding of no adverse effect - The purpose
				 of this documentation is to provide sufficient information to explain how the
				 Agency reached the finding of no adverse effect. The required documentation is:
a. A description of the undertaking,
				 including photographs, maps and drawings, as necessary
b. A description of the efforts used to
				 identify historic properties;
c. A
				 description of historic properties that may be affected by the
				 undertaking;
d. A statement of how
				 and why the criteria of adverse effect were found inapplicable;
e. The views of affected local governments,
				 Indian tribes, Federal agencies, and the public, if any were provided, as well
				 as a description of the means employed to solicit those views.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.10 - Criteria of Effect and Adverse Effect

Current through June 14, 2024
A. Criteria of
				 Effect
1. An undertaking has an effect on a
				 historic property when the undertaking may alter characteristics of the
				 property that may qualify the property for inclusion in the State Register. For
				 the purpose of determining effect, alteration to features of the property's
				 location, setting, or use may be relevant depending on the property's
				 significant characteristics, and should be considered. Effects may be direct or
				 indirect.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.11 - Properties Discovered During Implementation of an Undertaking

Current through June 14, 2024
A. Planning for Discoveries
1. When the Agency Official has developed a
				 plan for the treatment of historic properties if discovered during
				 implementation of an undertaking, implementing the plan in the event of a
				 discovery will satisfy the requirements of these regulations.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.12 - Programmatic Agreements

Current through June 14, 2024
A. Application
1. At the request of an Agency, the
				 Commission shall consider execution of a Programmatic Memorandum of Agreement
				 to fulfill the agency's responsibilities under R.I. Gen. Laws §
											42-45-1 et
				 seq . for a particular program or class of projects that would otherwise
				 require numerous individual project reviews under these regulations. The
				 Programmatic Memorandum of Agreement may specify categories of projects that
				 shall be exempt from further review or categories of projects where review
				 could be best accomplished on a program-wide rather than individual project
				 basis. Programmatic agreements may be appropriate for programs or projects:
a. When effects on historic properties are
				 similar and repetitive;
b. When
				 effects on historic properties cannot be fully determined prior to
				 approval;
c. When non-state
				 agencies are delegated major decision-making responsibilities; or
d. That involve routine management activities
				 at state agencies.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.13 - Emergency Provisions

Current through June 14, 2024
When compliance with these regulations would pose a serious
					 threat to public safety, the Executive Director may waive compliance to the
					 extent necessary to protect the public. The Executive Director will promptly
					 inform the Chairman of taking an action under this section, and if the Chairman
					 objects within three (3) days, such emergency action is
					 rescinded.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.14 - Coordination with other Authorities

Current through June 14, 2024
A. To the extent
				 feasible, Agency Officials, the Executive Director, and the Commission should
				 encourage coordination of implementation of these regulations with the steps
				 taken to satisfy other historic preservation and environmental authorities by
				 integrating compliance with these regulations with the processes of
				 environmental review carried out pursuant to other state and municipal statutes
				 and regulations and coordinating any studies needed to comply with these
				 regulations with studies of related natural and social aspects.
B. The Commission may participate in review
				 and advisory procedures established by other agencies under separate authority,
				 such as the procedures of the Coastal Resources Management Council, the
				 wetlands permitting regulations of the Department of Environmental Management,
				 etc. If in the Commission's judgment participation in other review processes is
				 substantively equivalent to review under these regulations, the Commission may
				 waive its independent review.
C.
				 When an undertaking involves federal government participation and is subject to
				 review under the National Historic Preservation Act, review of the undertaking
				 in accordance with the Procedures of the Advisory Council on Historic
				 Preservation (36 C.F.R. §
											800) may satisfy the requirements of these
				 regulations and constitute compliance with the R.I. Historic Preservation
				 Act.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 1 - Procedures for Registration and Protection of Historic Properties › Section 530-RICR-10-00-1.15 - Antiquities Act of Rhode Island

Current through June 14, 2024
A. Applicability
1. The Rhode Island Historical Preservation
				 Commission is authorized under this act to issue permits for archaeological
				 field investigations conducted in Rhode Island. Permits are issued under three
				 general circumstances:
a. When archaeological
				 investigations are associated with an undertaking of a government agency as
				 defined in these regulations, the permit may be issued as part of an
				 advisory.
b. When an archaeological
				 investigation is conducted on land owned or controlled by the state, its
				 agencies, departments, or institutions, or on the bottoms of navigable waters
				 within the state's jurisdiction in the territorial sea.
c. When an archaeological investigation is
				 conducted on a state archaeological landmark.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.1 - Authority

Current through June 14, 2024
A. R.I. Gen. Laws Chapter 23-18 authorizes
				 City and Town Councils to prescribe standards regulating historic cemeteries in
				 order to prevent any construction or excavation that might cause deterioration
				 of or damage to any cemetery or burial ground, or to any structures or
				 gravesites located in any cemetery or burial ground or any historic cemetery.
				 In addition, the statute specifies that the city or town recorder of deeds
				 shall maintain a register of all historical cemeteries located within the city
				 or town and shall note the location of each historical cemetery so registered
				 on the appropriate tax assessor's map. R.I. Gen. Laws §§
										23-18-10.1 and 11.
B. R.I. Gen. Laws §
										23-18-11.2 authorizes that in the absence of a local ordinance establishing standards
				 regulating historic cemeteries, regulations adopted by the Historical
				 Preservation & Heritage Commission shall govern.
C. R.I. Gen. Laws Chapter 42-45 established
				 the Historical Preservation & Heritage Commission as an independent state
				 agency within the executive department with responsibility to identify and
				 protect historic properties and to advise municipal governments regarding their
				 activities which may affect historic properties.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.2 - Purpose

Current through June 14, 2024
The Rhode Island Historical Preservation & Heritage
					 Commission finds that historic cemeteries have archaeological and scientific
					 value, contain significant examples of architecture and landscape design, often
					 are of great artistic, cultural and religious significance, and represent for
					 all cultures a respect for the sanctity of human life. It is, therefore, the
					 policy of the Historical Preservation & Heritage Commission (RIHPHC) that
					 marked or unmarked historic cemeteries are to be preserved and are not to be
					 altered or removed except as provided for in this regulation.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.4 - Registering Historic Cemeteries

Current through June 14, 2024
A. The recorder of
				 deeds in every city and town shall maintain a register of all historic
				 cemeteries located within the city or town. The register of historic cemeteries
				 shall include information that documents the historic cemetery. A historic
				 cemetery may be registered on the basis of currently available
				 information.
B. The recorder of
				 deeds shall provide information about the location of each registered historic
				 cemetery to the tax assessor, and the tax assessor shall record each registered
				 historic cemetery on the appropriate tax assessor's map with a symbol
				 consisting of the letters "CEM" inside a rectangle.
C. It shall be the responsibility of the
				 owner to provide information about the historic cemetery to the recorder of
				 deeds. Every deed presented for recording a transfer in ownership of property
				 that has an historic cemetery located on it shall have endorsed upon the deed,
				 in capital letters, a notation that a historic cemetery is located on the
				 property. Failure to comply with this section shall not affect the validity of
				 any deed.
D. When registering a
				 historic cemetery, the recorder of deeds should give consideration to the
				 following information and may consult with the RIHPHC.
1. Religious, Institutional, and Public
				 Historic Cemeteries.
a. Historic cemeteries
				 owned or maintained by religious, private, or public institutions typically
				 have good documentation of their boundaries and their interments. They are
				 highly visible; their boundaries generally are well-defined; they are recorded
				 in local records; and there may be records and plans of interments. Many have
				 perpetual care and maintenance programs. For registration purposes,
				 documentation should include mapping and visual evidence of individual grave
				 markers and of a fence or wall enclosing the cemetery (if present); a written
				 description of the cemetery, its age and condition and historical importance; a
				 listing of names and vital dates of those interred; and a cemetery plan
				 indicating position of graves. Adequate documentation may consist of summary
				 information and reference to the location of additional records.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.6 - Previously Unknown Historic Cemeteries or Archaeological Burial Sites

Current through June 14, 2024
A. Whenever a previously unknown cemetery,
				 unmarked cemetery, archaeological burial site, or human skeletal material is
				 inadvertently located during any construction, excavation, or other ground
				 disturbing activity, including archaeological excavation, the building official
				 of the city or town where the discovery is located shall be immediately
				 notified. The building official shall, in turn, notify the state medical
				 examiner and the Historical Preservation & Heritage Commission if the
				 grave, cemetery, or skeletal material appears to be historic.
B. The city or town building official shall
				 require the cessation of construction or excavation activity.
C. Archaeological Investigation
1. Prior to the continuation of any further
				 construction, excavation, or other ground disturbing activity, and unless the
				 provisions of R.I. Gen. Laws §
											23-18-7 shall apply, the property owner at his or her expense shall undertake an
				 archaeological investigation which should be conducted under a permit issued by
				 the Historical Preservation & Heritage Commission to determine the
				 boundaries of the unmarked cemetery. In addition, the archaeological boundary
				 investigation shall establish an area twenty-five (25) feet in width along the
				 perimeter of any grave or archaeological burial site. A written report shall be
				 produced incorporating the findings of the archaeological investigation in text
				 and graphic form. A copy of the report shall be provided to the building
				 official and to the Historical Preservation & Heritage Commission. R.I.
				 Gen. Laws §
											23-18-11(c).
2. Alternatively, in order to avoid historic
				 graves or archaeological burial sites, the property owner may redesign the
				 proposed site alteration plan and conduct an archaeological investigation under
				 a permit issued by the Historical Preservation & Heritage Commission to
				 demonstrate that no graves or archaeological burial sites will be affected and
				 that at least twenty-five (25) feet separates the proposed project from any
				 grave or archaeological burial site. A written report shall be produced
				 incorporating the findings of the archaeological investigation in text and
				 graphic form. A copy of the report shall be provided to the building official
				 and to the Historical Preservation & Heritage Commission.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.7 - Penalties

Current through June 14, 2024
A. Any person convicted of violating these
				 provisions shall be subject to a fine as defined in R.I. Gen. Laws §
										23-18-11.2(c).
B. The provisions of this section shall be
				 considered to be in addition to any other penalties provided for desecration or
				 vandalism to cemeteries.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.8 - Abatement from Taxation

Current through June 14, 2024
In accordance with R.I. Gen. Laws §
										44-3-63,
					 city and town councils are authorized to provide by ordinance an abatement from
					 taxation for any real property on which is located a historical cemetery
					 registered in accordance with this regulation and to provide by ordinance for
					 full or partial reimbursement of expenses incurred in repairing and maintaining
					 such historical cemeteries, including walls or fences surrounding such
					 cemeteries.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.9 - Neglected Historic Cemeteries

Current through June 14, 2024
A. In accordance
				 with R.I. Gen. Laws §
										45-5-12,
				 city and town councils are authorized to take possession of and hold neglected,
				 or abandoned historic cemeteries, whenever they can take possession without
				 opposition from the persons interested in those grounds. The councils may take,
				 hold, and manage in trust all funds given to the councils to keep these grounds
				 in repair or for ornamenting or improving these grounds, and may in their
				 discretion appropriate from the treasury of their town money for the purpose of
				 keeping in repair, preserving the monuments, and maintaining any neglected
				 historic cemetery.
B. Any person
				 interested in caring for a historic cemetery which has not been maintained and
				 the owner of which is unknown or whose present address is unknown, may petition
				 the city or town council for permission to clean up and maintain that burial
				 ground at the person's own expense. Upon approval of this petition on any
				 conditions the council may deem appropriate, the council shall cause an
				 advertisement to be placed in a local newspaper providing notice that the
				 burial ground is to be entered and cleaned up and thereafter maintained, and
				 notifying persons with a property interest in this burial ground who have
				 objections to come forward by a date certain.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.10 - Appeal

Current through June 14, 2024
Any person or persons aggrieved by a decision of the city
					 or town council shall have the right of appeal concerning the decision to the
					 superior court and from the superior court to the supreme court by writ of
					 certiorari. R.I. Gen. Laws §
										23-18-11.1.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 10 - General Procedures › Subchapter 00 - N/A › Part 2 - Registration and Protection of Historic Cemeteries › Section 530-RICR-10-00-2.11 - Severability

Current through June 14, 2024
If any section, clause, provision or portion of this
					 regulation shall be held invalid or unconstitutional by a court of competent
					 jurisdiction, such decision shall not affect the validity or constitutionality
					 of any other section, clause, provision or portion of this
					 regulation.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.1 - Purpose

Current through June 14, 2024
These Rules and Regulations establish the operating procedures for the State Preservation Grants and the State Preservation Grants Review Panel.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.2 - Authority

Current through June 14, 2024
R.I. Gen. Laws §
										42-45-5 authorizes the Historical Preservation & Heritage Commission to "grant or loan funds... made available therefore by the state or federal government, for the purpose of acquiring, restoring, relocating or otherwise preserving land or buildings designated in the state register."
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.4 - Application Procedures

Current through June 14, 2024
A. Application Form The form that shall qualify an applicant for consideration shall be the form designated "Application" and approved by the Commission.
B. Availability of Application Forms Application forms and instructions shall be available to applicants upon request and available online at
www.preservation.ri.gov
.
C. Filing of Applications Applications shall be filed with the Rhode Island Historical Preservation & Heritage Commission, 150 Benefit St., Providence, RI 02903, or electronically as the Commission designates in the application form instructions.
D. Application Contents
1. The application shall contain:
a. Application Summary: a concise identification of the applicant and a summary of the project
b. Property Information: information about of the historic and cultural significance, planning status, and general condition of the property
c. Project Information: information about the project including a schedule and budget
d. Applicant Information/Project Impact: information about the public historic site, museum, or cultural arts center and how the project will impact the use of the historic structure as a public historic site, museum, or cultural arts center
e. Assurances: consent forms signed by the property owner and applicant
f. Additional Information: any additional information that the Commission may require
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.5 - Allocation of Funds

Current through June 14, 2024
The Commission shall by majority vote schedule the number, frequency and duration of grant funding rounds consistent with the "State Capital Budget Plan." The Commission may establish a maximum per project funding level for any given grant round. This amount may be increased or decreased during each grant cycle by a majority vote of the Commission.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.6 - State Preservation Grants Review Panel

Current through June 14, 2024
A. Appointment of Review Panel
1. The Commission shall appoint a panel of experts to review applications.
2. Members of the Review Panel may be selected from among Commissioners, Historical Preservation Review Board members, or other experts. In making appointments to the Review Panel, the Commission shall endeavor to include a historian, an architect, and a representative of the Rhode Island State Council on the Arts.
3. The Commission will ensure that members represent different geographical areas of the State.
4. In order to represent the evaluations of the Commission's professional staff, the RIHPHC Executive Director shall be a voting member of the Review Panel.