HB 1631-FN – AS INTRODUCED
2010 SESSION
09/04
HOUSE BILL 1631-FN
AN ACT relative to the state fire code and state building code.
SPONSORS: Rep. Ingbretson, Graf 5; Rep. Groen, Straf 1; Rep. Buco, Carr 1
COMMITTEE: Executive Departments and Administration
This bill makes the state fire code an addition to the state building code. All rules adopted by the fire marshal which make changes to an existing state fire code shall be subject to approval by the state building code review board and shall be submitted for legislative approval within 2 years of their adoption. The bill requires the board to make available to the public adopted changes to the state building code and state fire code for the costs of printing and delivery.
The bill also requires structures meeting code at time of construction to be grandfathered. Existing structures under renovation are required to comply with current fire codes and building codes only if the renovations equal 50 percent or more of the structure.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2658
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the state fire code and state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Fire Code; Rules. Amend RSA 153:5 to read as follows:
153:5 Rules.
I. The state fire marshal shall adopt rules, with the approval of the commissioner of safety and subject to the provisions of paragraph II, to be known as the state fire code, pursuant to RSA 541-A, to further the purposes of this chapter and such applicable fire safety and building laws as he or she shall deem necessary for the protection from fire and fire hazards for people in the state and for the general welfare of property and people within the state. The rules may include, but not be limited to, the keeping, storage, use, manufacture, sale, handling, transportation or disposal of highly flammable materials and rubbish, and of flammable fluids and compounds and flammable tablets and may include standards for the materials and construction of receptacles and buildings to be used for any of these purposes. The fire marshal may adopt the most recent edition of the provisions of the national fire protection association code or other recognized codes as rules, in whole or in part; however, such rules shall not require automatic suppressant or sprinkler systems in areas of buildings or additions, in which the discharge of water would be undesirable as determined by the state fire marshal, or in rooms or areas containing either generators, transformers, telecommunications equipment or facilities or electronic data processing equipment, or in telecommunications or electric utility company equipment buildings or areas occupied exclusively for telecommunications equipment, electrical transformation and switching equipment, associated electrical distribution equipment, batteries and standby engines or generators, provided that those spaces or areas are equipped throughout with an automatic fire detection system. The rules shall apply to the construction and remodeling of buildings and structures for the containment of flammable liquids and to the new installation and replacement of equipment used in connection with flammable liquids. The rules shall apply to existing buildings, structures or equipment. The fire marshal may exempt a building, structure or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety. A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations. Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than those adopted by the fire marshal.
II. The state fire code shall be an addition to the state building code under RSA 155-A. All rules adopted by the fire marshal which amend an existing state fire code shall be submitted to the state building code review board and shall be subject to legislative approval pursuant to RSA 155-A:10, IV and V.
2 Definition; State Building Code. 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 2006, the International Plumbing Code 2006, the International Mechanical Code 2006, the International Energy Conservation Code 2006, and the International Residential Code 2006, as published by the International Code Council, and the National Electric Code 2008. 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. The state fire code shall be an addition to the state building code.
3 New Section; Compliance With Current Codes. Amend RSA 155-A by inserting after section 4 the following new section:
155-A:4-a Compliance With Current Codes. Structures meeting code at time of construction shall be grandfathered. A structure under renovation shall be made to comply with current fire codes and building codes when the renovations equal 50 percent or more of the structure. Any required code updates may be waived by the appropriate authority if the waiver does not constitute a hazard to the public welfare and safety.
4 State Building Code Review Board. Amend RSA 155-A:10, IV and V to read as follows:
IV. The board shall meet to review and assess the application of the state building code and state fire code and shall recommend legislation, as the board deems necessary, to modify the requirements of the state building code and the state fire code in order to provide consistency with the application of other laws, rules, or regulations, and to promote public safety and best practices.
V. The board may adopt rules to update or change the state building code for the codes described in RSA 155-A:1, IV, and may approve rules adopted by the fire marshal, with the approval of the commissioner of safety under RSA 153:5, to the extent the board deems that such updates or changes are necessary, provided that any such updates or changes are ratified by the adoption of appropriate legislation within 2 years of their adoption. If such updates or changes are not ratified, then the rules shall expire, notwithstanding RSA 541-A:17, I, at the end of the 2-year period. All state building code and state fire code changes adopted by legislative act shall be made available by the board to the public for the costs of printing and delivering such changes. With the approval of the commissioner of safety, the board shall be authorized, pursuant to RSA 541-A, to adopt rules relative to procedures of its operation and appeals to the board.
5 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2658
12/14/09
HB 1631-FN - FISCAL NOTE
AN ACT relative to the state fire code and state building code.
FISCAL IMPACT:
The Department of Safety states this bill would increase state restricted revenue and expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill would have no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Department of Safety states this bill would make the state fire code an addition to the state building code. It would also require the Division of Fire Safety to make the adopted changes to the state building code and state fire code available to the public for the cost of printing and delivery. The Department is unable to estimate the impact on state expenditures required by the Division to comply with the additional requirements of this bill, and is unable to estimate how many requests for printed copies of the codes they will receive. The exact fiscal impact cannot be determined at this time.