SB 110 – AS INTRODUCED
2011 SESSION
05/03
SENATE BILL 110
AN ACT relative to condominium development projects and application of the state fire code.
SPONSORS: Sen. De Blois, Dist 18
This bill:
I. Provides that the state fire code shall apply to the substantial rehabilitation of existing buildings, structures, or equipment.
II. Extends the time period under which the option to contract a condominium may be exercised.
III. Extends the statutory timeline for the declarant to convert convertible land in a condominium to finished units.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-1001
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to condominium development projects and application of the state fire code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Fire Code. Amend RSA 153:5 to read as follows:
153:5 Rules. The state fire marshal shall adopt rules, with the approval of the commissioner of safety, to be known as the state fire code, pursuant to RSA 541-A, to further the purposes of this chapter and such applicable fire safety and building laws as he or she shall deem necessary for the protection from fire and fire hazards for people in the state and for the general welfare of property and people within the state. The rules may include, but not be limited to, the keeping, storage, use, manufacture, sale, handling, transportation, or disposal of highly flammable materials and rubbish, and of flammable fluids and compounds and flammable tablets and may include standards for the materials and construction of receptacles and buildings to be used for any of these purposes. The fire marshal may adopt the most recent edition of the provisions of the national fire protection association code or other recognized codes as rules, in whole or in part; however, such rules shall not require automatic suppressant or sprinkler systems in detached one- or 2-family dwelling units in a structure used only for residential purposes, in areas of buildings or additions in which the discharge of water would be undesirable as determined by the state fire marshal, or in rooms or areas containing either generators, transformers, telecommunications equipment or facilities, or electronic data processing equipment, or in telecommunications or electric utility company equipment buildings or areas occupied exclusively for telecommunications equipment, electrical transformation and switching equipment, associated electrical distribution equipment, batteries, and standby engines or generators, provided that those spaces or areas are equipped throughout with an automatic fire detection system. The rules shall apply to the construction and remodeling of buildings and structures for the containment of flammable liquids and to the new installation and replacement of equipment used in connection with flammable liquids. The rules shall apply to [existing] construction or the substantial rehabilitation of buildings, structures, or equipment. The fire marshal may exempt a building, structure, or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety. A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations. Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than those adopted by the fire marshal.
2 Condominium Act; Contents of Declaration; Contractable Condominium. Amend RSA 356-B:16, IV(c) to read as follows:
(c) A time limit, not exceeding [7] 12 years from the recording of the declaration, upon which the option to contract the condominium shall expire, provided, however, that the time limit contained in the declaration may be extended by not more than [7] 12 years by an amendment to the declaration adopted pursuant to RSA 356-B:54, V, together with a statement of the circumstances, if any, which will terminate that option prior to the expiration of the time limit so specified;
3 Condominium Act; Conversion of Convertible Lands. Amend RSA 356-B:23, III to read as follows:
III. All convertible lands shall be deemed a part of the common areas except for such portions thereof as are converted in accordance with the provisions of this section. Until the expiration of the period during which conversion may occur or until actual conversion, whichever occurs first, real estate taxes shall be assessed against the declarant rather than the unit owners as to both the convertible land and any improvements thereon. No such conversion shall occur after [5] 10 years from the recordation of the declaration, or such shorter period of time [period] as the declaration may specify, provided, however, that the time limit [contained in the declaration] in either case may be extended by not more than 5 years by an amendment to the declaration adopted pursuant to RSA 356-B:54, V.
4 Applicability. Sections 2 and 3 of this act shall not apply if the period for contraction or conversion has expired prior to the effective date of this act.
5 Effective Date. This act shall take effect upon its passage.