TITLE XVII
HOUSING AND REDEVELOPMENT

Chapter 205-C
MODULAR BUILDING STANDARDS

Section 205-C:1

205-C:1 Definitions. –
In this chapter:
I. "Approved third party inspection agency" means an entity or organization, public or private, determined by the department to be qualified by reason of facilities, personnel, experience, and demonstrated reliability and independence of judgment, to evaluate and certify building manufacturers and factory assembled modular construction.
II. "Modular building code" means the state building code as defined in and adopted in RSA 155-A.
III. "Building component" means any system, subsystem, or subassembly of closed construction designed for use in or as part of a modular building, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.
IV. "Certification" means the process by which modular building manufacturers or modular construction has been evaluated to ensure conformity with the state modular construction standard and applicable rules of the department.
V. "Closed construction" means a method of manufacturing in which parts or processes are concealed and cannot be inspected at the building site without disassembly, damage, or destruction.
V-a. "Commissioner" means the commissioner of safety.
VI. "Department" means the department of safety.
VII. "Installation" means the assembly of modular buildings on site and the process of affixing modular buildings or building components to land, a foundation, footings, utilities, or an existing building.
VIII. "Label" means the approved insignia or seal including the name of the approved third party inspection agency that shall be affixed to a modular building or building component certified in accordance with the provisions of this chapter.
IX. "Local enforcement agency" means the agency or agencies of local government with authority to make inspections and to enforce the laws, ordinances and rules enacted by the state and by local government that establish standards and requirements applicable to the construction, alteration, or repair of buildings.
X. "Manufacturing facilities" means the place at which machinery, equipment and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming or assembling modular buildings.
XI. "Modular building" means any building of closed construction, which is made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site. This definition shall not be construed to include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, nor shall it include single-wide structures under 750 square feet, provided that they are not for residential or classroom use, nor shall it include any recreational vehicle or park trailer as defined in American National Standards Institute A119.2, Standard for Recreational Vehicles, or A119.5, Standard for Park Trailers, or any building type not subject to the requirements of nationally recognized model building codes.
XII. [Repealed.]
XIII. "Person" means any individual or organized group of any kind, including partnerships, corporations and other forms of association, as well as federal, state or local instrumentalities, political subdivisions, or officers.

Source. 1990, 169:2. 1997, 44:2-4. 2002, 8:5, 12, I; 270:2. 2007, 108:1, eff. Aug. 10, 2007. 2011, 197:4, eff. June 14, 2011.

Section 205-C:2

205-C:2 Modular Building Standard. –
I. All modular buildings and building components ordered on or after the date one year after the effective date of RSA 155-A:2 shall comply with the modular building code and the state fire code.
II. All modular buildings and building components bearing a label of certification pursuant to the requirements of this chapter shall be deemed by local enforcement agencies as meeting the modular building code, however, such certification shall not be deemed to preempt enforcement of any state or local standards governing installation or work performed on the building site, including but not limited to site grading, foundations, driveways, on-site water and sewer systems or connections to off-site systems, and electrical line connections to the power source.
III. Nothing in this chapter shall be construed as amending, repealing or superseding any local law, ordinance, code or regulation, and all modular buildings and building components shall comply with all applicable state or local building requirements that exceed the modular building code, in addition to any land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.

Source. 1990, 169:2. 1997, 44:5. 2002, 8:6, eff. Sept. 14, 2002; 270:3, eff. Sept. 14, 2002 at 12:01 a.m.

Section 205-C:3

205-C:3 Certification Required. – No person shall sell, lease, or install for use in this state any modular building or building component manufactured after July 24, 1992, unless such building or building component bears a label of certification issued by the department.

Source. 1990, 169:2. 1997, 44:6, eff. July 11, 1997.

Section 205-C:4

205-C:4 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. Requirements for approval of third party inspection agencies by the department.
II. Requirements for approved third party inspection agency certification of the manufacturing facilities of any person who engages in the business of manufacturing modular buildings or building components for installation in this state.
III. Requirements for approved third party inspection agency certification and labeling or modular buildings and building components for sale, lease or installation in this state.
IV. Investigation of complaints of noncompliance.
V. Enforcement procedures, including standards for revocation and suspension of certification.
VI. Imposition and collection of fees, administrative fines, and penalties.
VII. Standards and requirements in interagency agreements.

Source. 1990, 169:2. 1997, 44:7, eff. July 11, 1997.

Section 205-C:5

205-C:5 Interagency Coordination. –
I. The department may issue a label of certification to modular buildings or building components that have been certified by an agency of the federal government or component authority within another state, if the department finds that such certification is granted on the basis of a standard which is equivalent or more stringent than required under RSA 205-C:2.
II. The department may enter into interagency agreements with any other department or agency of state government necessary or appropriate for administration of this chapter.

Source. 1990, 169:2, eff. June 26, 1990.

Section 205-C:6

205-C:6 Fees. – The commissioner shall by rule establish fees to defray the costs of administering this chapter. Such rules shall specify fees for the certification of third party inspection agencies by the department; certification of manufacturing facilities by approved third party inspection agencies; and certification of modular buildings and building components by approved third party inspection agencies. Fees established by the commissioner shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses for administering this chapter budgeted for the biennium in which they will apply. All fees collected by the department shall be deposited into the general fund.

Source. 1990, 169:2. 1993, 358:2. 1997, 44:8, eff. July 11, 1997. 2014, 269:2, eff. July 1, 2014.

Section 205-C:7

205-C:7 Enforcement. –
I. The department shall investigate or cause to be investigated all complaints made to it alleging noncompliance with the requirements of this chapter.
II. Where the department finds that a manufacturer, modular building, or building component does not conform to the requirements of this chapter or applicable rules, the department may obtain injunctive relief from a court of competent jurisdiction to enjoin the sale, lease, delivery or installation in this state of any or all modular buildings or building components manufactured by the person in violation.
III. Where the department finds that an approved third party inspection agency, manufacturer, modular building, or building component does not conform to the requirements of this chapter or applicable rules, the department may suspend or revoke its certification, including any certification granted through an approved third party inspection agency acting on behalf of the department. Under no circumstances shall the offender be eligible for reinstatement until the department has confirmed that the agency, manufacturer, system, building or component in question is in full compliance with the requirements of this chapter and applicable rules.
IV. Additional fines, penalties, and remedies for violations of this chapter shall be the same as for violations of RSA title LXIV, as stated in RSA 676:15 and 676:17.
V. The building inspector or other local official with the authority to enforce building or land use regulations or codes may enforce the provisions of this chapter. A copy of the complaint or petition shall be sent, by certified mail, to the department on or before the date upon which it is filed.