SB 0062

CHAPTER 245

SB 62 - FINAL VERSION

AN ACT relative to the application and enforcement of the state building code and the membership of the state building code review board.

SPONSORS: Sen. Clegg, Dist 14

This bill clarifies the definition and application of the state building code, and the enforcement by local authorities. The bill also adds a member to the state building code review board.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the application and enforcement of the state building code and the membership of the state building code review board.

Be it Enacted by the Senate and House of Representatives in General Court convened:

245:1 State Building Code; Definition. Amend RSA 155-A:1, IV to read as follows:

IV. "New Hampshire building code" or "state building code" means the adoption by reference of the International Building Code 2000, the International Plumbing Code 2000, the International Mechanical Code 2000, the International Energy Conservation Code 2000, as published by the International Code Council, and the National Electric Code [~~1999~~] 2002. The provisions of any other national code or model code referred to within a code listed in this definition shall not be included in the state building code unless specifically included in the codes listed in this definition.

245:2 State Building Code; Enforcement. Amend RSA 155-A:2, VII to read as follows:

VII. For any municipality which has not adopted an enforcement mechanism [~~for the state building code~~] under RSA 674:51, the contractor of the building, building component, or structure shall notify the state fire marshal concerning the type of construction before construction begins excluding one- and 2-family dwellings.

245:3 Building Code Review Board; Number Deleted. Amend introductory paragraph of RSA 155-A:10, I to read as follows:

I. There is established a state building code review board consisting of the commissioner of safety or the commissioner's designee, and [15] additional members appointed by the commissioner of safety as follows:

245:4 New Subparagraph; Review Board Member Added. Amend RSA 155-A:10, I by inserting after subparagraph (o) the following new subparagraph:

(p) One master electrician licensed in this state for a minimum of 5 years, nominated by Electrical Contractors Business Association.

245:5 Initial Term of New Member. The initial term of the master electrician appointed under RSA 155-A:10, I(p) as inserted by this act shall coincide with the remaining term for the master electrician appointed under RSA 155-A:10, I(n). Subsequent terms shall be for 3 years.

245:6 Building Code Review Board; Rulemaking. Amend RSA 155-A:10, V to read as follows:

V. The board may adopt rules to update or change the state building code [~~manuals~~] for the codes described in RSA 155-A:1, IV, to the extent the board deems that such updates or changes are necessary, provided that any such updates or changes are ratified by the adoption of appropriate legislation within 2 years of their adoption. If such updates or changes are not ratified, then the rules shall expire, notwithstanding RSA 541-A:17, I, at the end of the 2-year period. With the approval of the commissioner of safety, the board shall be authorized, pursuant to RSA 541-A, to adopt rules relative to procedures of its operation and appeals to the board.

245:7 Planning and Zoning; Sate Building Code Enforcement. Amend RSA 674:51, I to read as follows:

I. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional provisions of the state building code for the construction, remodeling, and maintenance of all buildings and structures in the municipality, provided that such additional regulations are not less stringent than the requirements of the state building code. The local legislative body may also enact a process for the enforcement of the state building code and any additional regulations thereto, and the provisions of a nationally recognized code that are not included in and are not inconsistent with the state building code. Any local enforcement process adopted prior to the effective date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.

245:8 New Section; Planning and Zoning; Local Adoption of Building Codes by Reference. Amend RSA 674 by inserting after section 51 the following new section:

674:51-a Local Adoption of Building Codes by Reference. In addition to the local powers under RSA 674:51 a municipality may adopt by reference any of the codes promulgated by the International Code Conference which are not included in the state building code under RSA 155-A.