§ 46-13.2-3. Regulations. (a) The Rhode Island building standards committee, pursuant to § 23-27.3-100.1.5 shall by no later than December 31, 2013, incorporate in the appropriate portions of the state building codes minimum standards for the location, design, construction and installation of wells that are appurtenances to buildings in consultation with the department of health, the division of statewide planning and the department of environmental management, with due regard for the preservation of public health, and protection of public welfare and the environment.

(b) In those circumstances in which compliance with the requirements for locating a new or replacement well would result in undue hardship, property owners may seek a variance from any one or more of the siting requirements, in accordance with the following:

(1) Except as specified in (3), from the building code board of appeals authorized in the municipality with jurisdiction over the property on which the well is proposed;

(2) Except as specified in (3), in the absence of a local building code board of appeals, from the state building code board of appeals; and

(3) From the department of environmental management in all cases in which the well is proposed to be installed as part of an application for the new construction of or repair of an on-site wastewater disposal system. The appropriate authority specified above may grant a variance to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be granted without impairing the intent and purpose of this chapter.

(c) To protect public health and the environment, the Rhode Island department of environmental management is authorized to promulgate regulations applicable to the owners of on-site wastewater systems that limit the installation of any type of well, including wells installed for irrigation systems, near the on-site wastewater treatment systems on the owner's property.

History of Section. (P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.)