HB 1681-FN - AS INTRODUCED
2022 SESSION
22-3121
05/10
HOUSE BILL 1681-FN
AN ACT relative to the state building code.
SPONSORS: Rep. McGuire, Merr. 29; Rep. Pimentel, Merr. 6; Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Sen. Prentiss, Dist 5
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill revises the definition of the state building code, addresses the version of the building code applicable immediately following adoption of an updated edition, and clarifies the role of the state building code review board. The bill also requires municipalities to submit local building ordinances to the state building code review board for informational purposes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3121
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Building Code; Definition of Building. Amend RSA 155-A:1, I to read as follows:
I. "Building" means building as defined and interpreted by the International Code Council's International Building Code [2015] adopted under RSA 155-A:1, IV, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
2 New Hampshire 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 [2015] 2018, the International Existing Building Code [2015] 2018, the International Plumbing Code [2015] 2018, the International Mechanical Code [2015] 2018, the International Energy Conservation Code [2015] 2018, the International Swimming Pool and Spa Code [2015] 2018, and the International Residential Code [2015] 2018, as published by the International Code Council Inc., and the National Electrical Code [2017] 2020, as published by the Nation Fire Protection Association, Inc., as [amended] reviewed and recommended by the state building code review board, including all amendments reviewed and approved by the board as of November 30, 2021, and ratified by the legislature in accordance with RSA 155-A:10. 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.
3 New Hampshire Building Code; Definition of Structure. Amend RSA 155-A:1, IV to read as follows:
VI. "Structure" means structure as defined and interpreted by the International Code Council's International Building Code [2015] adopted under RSA 155-A:1, IV, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
4 State Building Code. Amend RSA 155-A:2, I to read as follows:
I. All buildings, building components, and structures constructed in New Hampshire shall comply with the state building code and state fire code. The construction, design, structure, maintenance, and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, removal, or demolition of all buildings and structures previously erected shall be governed by the provisions of the state building code. The state building code in effect at the time that the application for the building permit required by RSA 155-A:4 is received by the governing authority shall remain in effect for the duration of the work covered by that permit. This requirement notwithstanding, for a period of 6 months after the effective date of the code adopted under RSA 155-A:1, IV, a concurrency period is established, allowing building permits, and other required documents, at the election of the applicant, to show compliance using either the code in effect just prior the effective date of the code adopted under RSA 155-A:1, IV, or the code adopted under RSA 155-A:1, IV, but not a combination of the 2 codes.
5 State Building Code. Amend RSA 155-A:2, X and XI to read as follows:
X. No state agency, authority, board, or commission shall vary, modify, or waive the requirements of the state building code or state fire code, unless approved by the state building code review board pursuant to RSA 155-A relative to the state building code or the state fire marshal pursuant to RSA 153:8-a, I(c) for the state fire code. Nothing in this chapter shall affect the statutory authority of the commissioner of labor, the state board for the licensing and regulation of plumbers, or the state electricians' board to administer their respective programs, provided that any changes to codes proposed under the rulemaking authority of these agencies shall not be enforced until approved by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
XI. Notwithstanding the [inclusion] adopted edition of the National Electrical Code [2017] in the state building code under RSA 155-A:1, IV, [the amended provisions of section 210.12] any provision of the National Electrical Code, which [modify the National Electrical Code 2014 version to add] requires arc-fault circuit interrupter [requirements for dormitory unit devices and bathrooms, guest rooms and guest suites, and branch circuit extensions or modifications for dormitory units] protection in excess of the requirements of the 2014 National Electrical Code shall not be enforced under the state building code or this chapter.
6 New Paragraph; Local Amendments Submitted to State Building Code Review Board. Amend RSA 155-A:3 by inserting after paragraph IV the following new paragraph:
V. Any ordinance adopted under RSA 674:51 by a local legislative body shall be submitted to the state building code review board for informational purposes.
7 Code Requirements for Biomass Burning Boilers and Log Structures. Amend RSA 155-A:3-a and 155-A:3-b to read as follows:
155-A:3-a Code Requirements; Biomass Burning Boilers.
I. Notwithstanding any provisions of the state building code or state fire code, the board shall [adopt] review and recommend a code and amendments thereto which shall regulate the installation and operation of biomass burning boilers. The code adopted shall include the [1999] EN 303-5 standard established by the European Committee for Standardization, and shall include requirements for the safe installation, operation, and repair of such boilers, and for data plates and warning labels written in English, limits on temperature and pressure with associated relief valves, and the filing of construction and emissions specifications written in English.
II. The inspection procedures and enforcement requirements for the commissioner of labor in RSA 157-A shall apply to boilers installed according to the code and amendments adopted by the board under this section.
[III. The code and amendments thereto adopted under paragraph I shall be ratified by appropriate legislation within 2 years of their adoption. If such code and amendments are not ratified, then the code and amendments shall expire at the end of the 2-year period.]
155-A:3-b Code Requirements; Log Structures.
[I.] Notwithstanding any provisions of the state building code or state fire code, the state building code review board shall [adopt] review and recommend amendments to the state building code regulating the design and construction of log structures. The adopted amendments shall include ICC 400 Standard on the Design and Construction of Log Structures.
[II. The amendments adopted under paragraph I shall be ratified by appropriate legislation within 2 years of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the 2-year period.]
8 State Building Code Review Board. Amend RSA 155-A:10, IV to read as follows:
IV. The board shall meet to review and assess the application of the state building code and shall recommend legislation, as the board deems necessary, to amend the requirements of the state building code in order to provide consistency with the application of other laws, rules, or regulations, to avoid undue economic impacts on the public by considering the cost of such amendments, and to promote public safety and best practices.
(a) The board [may recommend adoption of] shall review a newer version of a code that has been published for [at least] 2 years, and shall provide a summary of all significant changes, cost estimates of these changes, and documentation of the need for the change in [the] any recommended legislation.
(b) Amendments to the codes shall be reviewed and approved by the board, then submitted annually to the legislature for ratification by the adoption of appropriate legislation before they become effective.
(c) The board may hear appeals of final decisions of any local building code board of appeals established under RSA 674, provided that the appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or there is an alternative construction. The board shall not have authority to waive or grant variances to requirements of the code.
(d) Amendments adopted by municipalities and submitted to the board under the provisions of RSA 674:51, II, shall be published by the board.
9 Effective Date. This act shall take effect 60 days after its passage.
22-3121
Revised 1/5/22
HB 1681-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the state building code.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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METHODOLOGY:
This bill will have no impact on state, county, and local revenue or expenditures.
AGENCIES CONTACTED:
Department of Safety and New Hampshire Municipal Association