SB 437 - AS INTRODUCED
2024 SESSION
24-3065
12/10
SENATE BILL 437
AN ACT relative to local authority to amend the state building code.
SPONSORS: Sen. Carson, Dist 14; Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Rep. Goley, Hills. 21; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill requires all local ordinances amending the state building code to comply with the procedures in law for review and approval of additional local regulations to the state building code established in RSA 155-A.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3065
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to local authority to amend the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Municipal Power to Amend Building Code; Compliance with State Code Required. 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[.] and providing that each additional provision is submitted as an individual amendment to the most recent version of the state building code under RSA 155-A:2, IV. Additional local provisions adopted prior to July 1, 2024 shall be submitted for review to the state building code review board and after their review they shall be submitted for re-adoption through the local process prior to being enforced. 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date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.]
2 State Building Code; Local Ordinance; Compliance with Current State Code. Amend RSA 155-A:2, V to read as follows:
V. Counties, towns, cities, and village districts may adopt by ordinance pursuant to RSA 674:51 or RSA 47:22 any additional regulations provided that such regulations are not less stringent than the requirements of the state building code[.] as described in the most recent version of RSA 155-A:2, IV and the state fire code under RSA 153, and providing that each local amendment or regulation is submitted as an individual amendment to the most recent version of the state building code under RSA 155-A:2, IV. Additional local provisions to the state building code adopted prior to July 1, 2024 shall be submitted for review to the state building code review board and after their review they shall be submitted for re-adoption through the local process prior to being enforced.
3 City Council Building Codes; Compliance with Current State Code. Amend RSA 47:22 to read as follows:
47:22 Grant of Power. The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any additional regulations provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153; and providing that each additional regulation is submitted as an individual amendment to the most recent version of the state building code under RSA 155-A:2, IV. Additional local provisions adopted prior to July 1, 2024 shall be submitted for review to the state building code review board and after their review they shall be submitted for re-adoption through the local process prior to being enforced; provided also, that upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk. All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public.
4 State Building Code; Current Compliance Required. Amend RSA 155-A:2, VIII to read as follows:
VIII. Nothing in this chapter shall be construed as amending, repealing, or superseding any local law, ordinance, code, or regulation, except local code requirements that are less stringent than the state building code or state fire code, or where expressly required by RSA 674:51, or RSA 47:22, and all buildings, building components, and structures shall comply with all applicable state or local building and fire code requirements, land use restrictions including, but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.