Revision: Jan. 15, 2010, midnight
SB 456-FN – AS INTRODUCED
2010 SESSION
03/09
SENATE BILL 456-FN
AN ACT relative to energy conservation in new building construction.
SPONSORS: Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24; Rep. Harding, Graf 11; Rep. Borden, Rock 18; Rep. R. Read, Rock 16; Rep. S. Harvey, Hills 21
COMMITTEE: Public and Municipal Affairs
This bill modifies and clarifies RSA 155-D, relative to energy conservation in new building construction.
This bill also amends references in the definition of the state building 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2843
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to energy conservation in new building construction.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Energy Conservation in New Building Construction. RSA 155-D is repealed and reenacted to read as follows:
CHAPTER 155-D
ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION
155-D:1 Definitions. The definitions in RSA 155-A:1 shall apply to this chapter.
155-D:2 Administration and Enforcement.
I. The local enforcement agency appointed pursuant to RSA 674:51 shall have the authority to enforce the provisions of this chapter. The public utilities commission shall administer the New Hampshire adopted edition of the International Energy Conservation Code or any equivalent successor code, and this chapter.
II. It shall be the responsibility of the building code official or code official designated by the administrative authority of the city or town, to review plans and specifications to determine if all pertinent data and features of the structure and the equipment and systems conform with the energy efficiency provisions of the state building code.
III. Towns and cities may request technical assistance from the public utilities commission.
IV. In towns and cities without a building code official or code official designated by the administrative authority of the city or town, it shall be the responsibility of the general contractor or owner-builder of new building construction subject to the state building code to submit an application with information as required by rules to the public utilities commission for review and approval if such application demonstrates that the new building construction will conform to the energy efficiency standards of the New Hampshire building code, unless certification is submitted pursuant to paragraph VII. In such places the public utilities commission or designee, concurrently and in coordination with the state fire marshal pursuant to RSA 155-A:7, I, shall have the authority to conduct inspections and enforce the energy efficiency standards of the New Hampshire building code.
V. If the public utilities commission does not transmit notification of compliance or noncompliance of a submitted application to the applicant within 15 working days of receipt of a complete application, it shall be considered automatically approved.
VI. It shall be the responsibility of all architects and engineers, registered and practicing in the state of New Hampshire, to certify in writing that all buildings and structures required to comply with RSA 155-A:2, I, which they design, and all blueprints to which they affix their professional seal, meet or exceed the standards as printed and amended in the energy efficiency standards of the New Hampshire building code.
VII. A document certifying compliance with the provisions of the energy efficiency standards of the New Hampshire building code shall be submitted by the architect or engineer to the local building official in whose jurisdiction the building is to be erected or to the public utilities commission.
VIII. Any geographical distinctions established under section 301 of the International Energy Conservation Code or other equivalent sections of successor codes shall not apply in New Hampshire and the climate zone assigned to the state in such code containing the greatest number of heating degree days shall apply to all construction.
155-D:3 Acts Unlawful.
I. It shall be unlawful to erect, construct or alter or reconstruct any building or structure, unless specifically exempt by the energy efficiency standards of the New Hampshire building code, without first obtaining a certificate of compliance with the provisions of the energy efficiency standards of the New Hampshire building code from the local building official or code official designated by the administrative authority or from the public utilities commission.
II. The provisions of this section shall not apply to the erection, construction, alteration, or reconstruction of any building for which the plans or specifications have been certified as complying with this chapter by an architect or engineer pursuant to RSA 155-D:2, VI or for which the plans or specifications are deemed to have been approved by the public utilities commission pursuant to RSA 155-D:2, V.
155-D:4 Permit Not to Issue; Injunction; Penalties.
I. The building inspector or designated official shall not issue a building permit unless the provisions of this chapter have been complied with.
II. A building inspector or other designated official shall not issue either a temporary or permanent occupancy permit unless a signed certificate of compliance form for the energy efficiency standards of the New Hampshire building code has been submitted by the builder. The compliance form shall be an integral part of the occupancy permit. A copy of this occupancy permit/certificate of compliance form shall be filed with the building inspector.
III. Any city or town without a building inspector or designated official shall require builders or contractors to complete a certificate of compliance form for the energy efficiency standards of the New Hampshire building code, which shall be an integral part of the building application approved by the public utilities commission. This form shall be filed with the governing body of the city or town.
IV. Any building erected, constructed, altered, or reconstructed in violation of this chapter shall be deemed an unlawful structure, and the city or town may bring enforcement actions in accordance with RSA 155-A:7.
155-D:5 Training. It shall be the responsibility of the public utilities commission to develop and administer a training program for architects, engineers, and municipal building officials regarding all aspects of the energy efficiency standards of the New Hampshire building code. The training programs shall include classroom lectures and, if requested, technical assistance in the field.
155-D:6 Rulemaking. The public utilities commission shall adopt rules, under RSA 541-A, relative to the administration of New Hampshire adopted edition of the International Energy Conservation Code, or equivalent successor code, and this chapter.
2 Definitions; 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] 2009, the International Plumbing Code [2006] 2009, the International Mechanical Code [2006] 2009, the International Energy Conservation Code [2006] 2009 or the most recently published successor edition of the International Energy Conservation Code, and the International Residential Code [2006] 2009, 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.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2843
01/13/10
SB 456-FN - FISCAL NOTE
AN ACT relative to energy conservation in new building construction.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Public Utilities Commission. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.