R.I. Gen. Laws ch. 45-24.3 § 45-24.3-22
Conflict of provisions — Severability
Operative Text
In any case where a provision of this chapter is found to be in conflict with provisions of any zoning, building, fire, safety, or health ordinance or code of the corporate unit and of this state on or after January 1, 1971, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people prevails, except those provisions established under the State Building Code effective July 1, 1977, as delineated in § 45-24.3-4, are to be the "higher standard". In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the corporate unit or of this state existing on January 1, 1971, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter are deemed to prevail, and any other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this chapter. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared invalid for any reason whatsoever, that decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.
Section 45-24.3-22 establishes two conflict-resolution rules and a severability clause for Rhode Island's mobile and manufactured housing chapter. When this chapter's standards clash with other zoning, building, fire, safety, or health codes enacted on or after January 1, 1971, whichever standard better protects public health and safety controls—with the State Building Code (effective July 1, 1977) designated as the 'higher standard' per § 45-24.3-4. When this chapter conflicts with older codes predating January 1, 1971 that set lower standards, this chapter's provisions automatically prevail and the older conflicting rules are effectively repealed. Finally, if any individual part of the chapter is struck down as invalid, the rest of the chapter continues in full force.
Plain English — not legal advice.
Property owners and managers operating under R.I. Gen. Laws ch. 45-24.3 should be aware that § 45-24.3-22 means compliance obligations are determined by whichever applicable code sets the higher health and safety standard, particularly where local zoning or building ordinances may differ from this chapter. Operators generally review both state and local requirements side by side, applying the more protective standard in practice. Because the State Building Code (effective July 1, 1977) is specifically designated as the 'higher standard,' compliant operators typically treat its requirements as a baseline when conflicts arise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 45-24.3-22, residents have the benefit of knowing that the most protective health and safety standard applies when this chapter's rules conflict with other local or state codes—meaning a lower local standard cannot be used to reduce the protections this chapter provides. If a housing condition appears to fall below the standards set by this chapter, tenants can raise the chapter's provisions when seeking remedies, including through local housing or code enforcement agencies. Tenant-rights organizations familiar with Rhode Island housing law can help clarify which standard applies in a given conflict scenario.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation