Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.14 - Post Licensure Proceedings

Current through June 14, 2024
A. Post Licensing
							Permits
1. Generally - An applicant must apply
							for and receive all applicable permits over which the Board has authority and
							which would be required absent the Act. Such permits are not deemed granted by
							the Board License. The Board retains final permitting authority for such
							permits under the Act and considers action by local or state officials or
							agency on such applications to be advisory opinions.
2. Meeting Mandated - After applying for
							local building permits, the Applicant shall arrange for and attend a meeting
							with the issuing authority and representative of the State Building Code
							Commission to assure that the issuing authority can arrange for any assistance
							it may need in reviewing the final design drawings and plans for the
							applicant's energy facility. Such assistance will be made available, if needed,
							by the State Building Code Commission. The Coordinator shall be given notice of
							such meeting.
3. Filing of Advisory
							Opinions - After an advisory opinion is issued on an application for any post
							licensing permit by the state or local official or agency having authority over
							such permit, the applicant shall file the advisory opinion with the Board. If
							the applicant is aggrieved by the advisory opinion, it may file a statement
							with the Board expressing its disagreement and explaining the reasons
							therefore. If a local or state official or agency fails to process an
							application for a post licensing permit within a reasonable period of time, the
							applicant may file a statement of that fact with the Board along with any other
							pertinent information concerning the failure to process.
4. Statement of Disagreement with an Advisory
							Opinion - A statement of disagreement or failure to process under §
											1.14(A)(3)    of this Part shall be filed with the Board in compliance with §
											1.5     of this Part. The Board
							may schedule a hearing to consider any such statement under §
											1.9     of this Part. The Board
							may delegate an existing agency or authority with appropriate expertise to
							investigate such matters and to testify at a hearing.
5. Granting of Building Permits by Board -
							The filing of an Advisory Opinion on a post licensing permit by the applicant
							under §
											1.14(A)(3)    of this Part constitutes a granting by the Board of that permit unless said
							advisory opinion does not recommend that the Board grant the permit, or unless
							said advisory opinion is accompanied by a Statement of Disagreement under
							§§
											1.14(A)(3) and
							(4)     of this Part. If a disagreement exists,
							the Board will, after consideration of the filing or after a hearing under
							these rules, issue an order. Such order may grant such building permit or may
							accept the advisory opinion without change. The Board may also alter or modify
							an advisory opinion after consideration of the filing or after hearing in any
							way it deems necessary, before granting such permit(s).