Bill Text: NH SB443 | 2022 | Regular Session | Amended
Bill Title: Relative to municipal authority regarding the state building code.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2022-06-22 - Signed by the Governor on 06/17/2022; Chapter 0242; Effective 01/01/2023 [SB443 Detail]
Download: New_Hampshire-2022-SB443-Amended.html
SB 443-FN - AS AMENDED BY THE HOUSE
03/17/2022 0819s
21Apr2022... 1504h
2022 SESSION
22-3031
05/08
SENATE BILL 443-FN
AN ACT relative to municipal authority regarding the state building code.
SPONSORS: Sen. Carson, Dist 14; Sen. Giuda, Dist 2; Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill provides that the building code review board shall review proposed municipal amendments to the state building code to confirm that the proposed amendments do not conflict with, and are no less stringent than, the state building code, and requires submission of local amendments prior to enforcement. The bill also requires the state fire marshal to review local amendments to the state fire code prior to enforcement and to publish local amendments to the state fire code.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/2022 0819s
21Apr2022... 1504h 22-3031
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to municipal authority regarding the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Building Code; Local Amendments; Application. Amend RSA 155-A:3, I to read as follows:
I. The municipality may adopt local amendments to the state building code [which do not prohibit minimum implementation and enforcement of the state building code] pursuant to RSA 674:51. The issuance of permits and the collection of fees pursuant RSA 155-A:2, III and issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to RSA 674:51, II.
2 Enforcement Authority; Building Code Violation; Fee to Appeal Decision of Local Enforcement Agency Prohibited. Amend RSA 155-A:7, IV to read as follows:
IV. All local enforcement agencies and selectmen and the state fire marshal in those communities without a local enforcement agency shall provide information on the local and state appeals process when issuing a building permit or notice of violation. No fee shall be required to appeal a notice of violation or other decision of a code official.
3 State Building Code Review Board; List of Municipal Amendments to Building Code and Fire Code. 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) Statewide amendments to the [codes] state building code 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) Municipal amendments: municipalities shall submit proposed amendments to the state building code to the board for review and confirmation prior to adoption. Municipalities may submit proposed language to the board for an advisory opinion at any time. Cities shall submit the final proposed building code amendment no later than 90 days before final adoption. Towns shall submit the final proposed building code amendment no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each amendment. The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns. Failure of the board to act within these timeframes shall constitute a confirmation of the municipal amendment. The board’s review shall be limited to a confirmation that the local amendment does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code.
(d) Once an amendment is approved by the legislative body, the municipality shall submit documentation to the building code review board within 30 days, pursuant to subparagraph (c), that the public hearing was properly noticed and held, and that the provision was adopted by the local legislative body.
(e) 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)] (f) Amendments adopted by municipalities and confirmed by the board shall be published by the board after notification of adoption is received from the municipality.
4 Power to Amend State Building Code and Establish Enforcement Procedures. Amend RSA 674:51, II to read as follows:
II. Any such ordinance enacted or adopted under paragraph I by a local legislative body [shall be submitted to the state building code review board for informational purposes] shall not be enforced unless confirmed by the building code review board pursuant to RSA 155-A:10, IV(c). The procedural history of local adoption relating to published notice, public hearing, and vote of approval shall be submitted to the board within 30 days of enactment or adoption and prior to enforcement.
5 Duties of State Fire Marshal; Review of Local Amendments Established. Amend RSA 153:4-a, II to read as follows:
II. It shall be [his] the fire marshal's duty and responsibility to coordinate the activities of his or her office with duly authorized city, town and village district, fire and building department officials and other state and local agencies required and authorized by state statutes or local ordinances to develop or enforce fire safety regulations. It shall further be the duty and responsibility of the state fire marshal to assist, cooperate with, advise and counsel the officials responsible as designated by local ordinance or charter for the organization and efficient operation of fire departments and other fire protection organizations when held to be in the best interest of public safety. Local amendments to the state fire code shall be submitted to the state fire marshal for review prior to enforcement. The state fire marshal shall confirm local amendments to the state fire code are not in conflict or less restrictive than the state fire code and are based on sound engineering practices. The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body. The state fire marshal shall publish local amendments to the state fire code.
6 Effective Date. The act shall take effect January 1, 2023.
22-3031
Amended 3/22/22
SB 443-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2022-0819s)
AN ACT relative to municipal authority regarding the state building code.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $72,000 | $71,000 | $74,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires the Building Code Review Board to approve local amendments to the state building code prior to their adoption and enforcement and requires the board to maintain and publish a catalog of local amendments to the state building code and state fire code. The bill further prohibits municipalities from imposing a fee to appeal the decision of a code compliance official. The Department states these changes would require additional work within the Division of Fire Safety and would necessitate the hiring of a new full-time program assistant II position (LG 15). Assuming a start date of July 1, 2022, the estimated costs for this position would be $72,000 in FY 2023, $71,000 in FY 2024, and $74,000 in FY 2025. This bill provides neither authorization nor appropriation for new personnel.
AGENCIES CONTACTED:
Department of Safety
