Revision: March 27, 2009, midnight
HB 187-FN – AS AMENDED BY THE HOUSE
26Mar2009… 0844h
2009 SESSION
05/04
HOUSE BILL 187-FN
AN ACT relative to the state building code and establishing a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
SPONSORS: Rep. Taylor, Graf 2; Rep. Buco, Carr 1; Rep. Chandler, Carr 1; Rep. Goley, Hills 8
COMMITTEE: Executive Departments and Administration
This bill:
I. Permits the state fire marshal to establish, by rule, fees associated with administration and enforcement of the state building code.
II. Provides that appeals of the state fire marshal’s decisions regarding the fire code shall be to the superior court.
III. Establishes a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2009… 0844h
09-0249
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the state building code and establishing a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Building Code; Permits and Fees. Amend RSA 155-A:2, IV to read as follows:
IV. To the extent that it does not conflict with any other provision of law, and except as otherwise provided in this paragraph, the issuance of permits and the collection of fees pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. Pursuant to the state fire marshal’s authority to enforce the state building code under RSA 155-A:7, I, the fire marshal may establish, with approval of the commissioner of safety, by rules adopted under RSA 541-A, fees to defray the cost of administration, implementation, and enforcement of the state building code. Such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
2 Appeals of Decisions of the State Fire Marshal. Amend RSA 155-A:11 to read as follows:
155-A:11 Appeals of Decisions of the State Fire Marshal.
I. The [board] superior court shall hear appeals of variances or exceptions to the state fire code that have been granted or denied by the state fire marshal or the state fire marshal’s designee, and appeals of a decision of the state fire marshal or the state fire marshal’s designee, in enforcing provisions of the state building code pursuant to RSA 155-A:7, I.
II. The [board] superior court shall [hold] schedule a hearing within 40 days of receipt of a complaint, unless an extension of time has been granted by the [board] court at the written request of one of the parties [and shall render a decision within 30 days of the conclusion of a hearing].
3 Study Committee Established. There is established a committee to study the sale and installation of manufactured and modular homes and related consumer protections.
4 Membership and Compensation.
I. The members of the study committee shall be as follows:
(a) Three members of the house of representatives, 2 from the commerce and consumer affairs committee and one from the executive departments and administration committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the study committee.
5 Duties. The committee shall study the regulation of the sale and installation of manufactured housing and modular housing in New Hampshire. The committee shall review the Maine laws which regulate retail dealers, installers, and manufacturers of manufactured and modular housing.
6 Chairperson; First Meeting. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 30 days of the effective date of this section.
7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009.
8 Effective Date. This act shall take effect upon its passage.
LBAO
09-0249
12/22/08
HB 187-FN - FISCAL NOTE
AN ACT relative to manufactured housing.
FISCAL IMPACT:
The Department of Safety states this bill would have an indeterminable increase on state revenues and expenditures in FY 2010 and each year thereafter. This bill would have no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Safety states this bill would revise laws regarding modular and manufactured housing and fees for building code inspections done by the Division of Fire Safety in towns that do not have a local code inspector. Although the division knows that there are currently 55 towns without a local code inspector, it cannot estimate the number of inspection requests or what the fee per inspection might be established at; therefore, the fiscal impact on state revenue for this portion of the legislation cannot be estimated. Another portion of the bill would establish compensation to the members of the Manufactured Housing Board for both per diem and mileage. Although the minimum number of meeting would be four annually, there might be many more depending on the number of complaints and licensing actions that the board might have to act on. Therefore, the fiscal impact on state expenditures cannot be determined at this time.