HB 137-FN-LOCAL – AS INTRODUCED
2011 SESSION
05/10
HOUSE BILL 137-FN-LOCAL
AN ACT relative to the state fire code and the state building code.
SPONSORS: Rep. Hawkins, Hills 18; Rep. C. McGuire, Merr 8
COMMITTEE: Executive Departments and Administration
This bill:
I. Updates references to the most recent version of the codes in the state building code.
II. Renames the fire code the fire prevention code.
III. Clarifies the authority of the state fire marshal to inspect and issue permits for state buildings, including those of the university system.
IV. Permits municipalities to contract with outside entities for building inspection services.
V. Establishes the position of vice chair of the state building code review board.
VI. Limits the state building code review board’s rulemaking authority.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0165
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the state fire code and the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. This act has 3 intentions.
I. First, the general court intends to maximize the useful life of New Hampshire’s buildings. These are a storehouse of material, labor, and energy, and maintaining them in use is the best way
to reuse and recycle these materials and efforts. It is the legislative intent that, to the maximum extent consistent with safety, existing buildings be used with only those changes planned by the owner. Updating the entire structure to current codes should be required only when major renovations are planned, not minor updates.
II. Second, the general court intends that the life safety code and fire protection code be used as operating codes, not building codes.
III. Finally, the general court intends to limit the rulemaking process such that code changes are adopted and implemented after legislative approval and are not effective before such approval is complete.
2 New Hampshire Building Code; Definition of Building. Amend RSA 155-A:1, I to read as follows:
I. “Building” means building as defined and interpreted by the International Code Council’s International Building Code [2006] 2009.
3 New Hampshire Building Code; Definition of Local Enforcement Agency and New Hampshire Building Code. Amend RSA 155-A:1, III and IV to read as follows:
III. “Local enforcement agency” means for a municipality that has adopted enforcement provisions or additional regulations under RSA 674:51, the building inspector, code official, or other local government official [with authority] qualified 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.
IV. “New Hampshire building code” or “state building code” means the adoption by reference of the International Building Code [2006] 2009, the International Existing Building Code 2009, the International Plumbing Code [2006] 2009, the International Mechanical Code [2006] 2009, the International Energy Conservation Code [2006] 2009, 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.
4 New Hampshire Building Code; Definition of Structure.
VI. “Structure” means structure as defined and interpreted by the International Code Council’s International Building Code [2006] 2009.
5 State Building Code. Amend RSA 155-A:2 to read as follows:
155-A:2 State Building Code.
I. [Except as provided in paragraphs II and III,] All buildings, building components, and structures constructed in New Hampshire beginning one year after the effective date of the section, shall comply with the state building code [and state fire code]. The construction, design, structure, maintenance, and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, [maintenance,] removal, or demolition of all buildings and structures previously erected shall be governed by the provisions of the state building code.
II. [Standards, including definitions, established by the most recent edition of the Life Safety Code, NFPA Doc. No. 101, shall take precedence over all standards in the state building code relative to means of egress.
III. All new buildings shall conform to the requirements of the state fire code adopted pursuant to RSA 153:5 and] To the extent that there is any conflict between the state building code and the state fire prevention code, the [state fire] code creating the greater degree of life safety shall take precedence [unless otherwise determined by the board], subject to the review provisions contained in RSA 155-A:10.
[IV.] III. 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 where such activities have been enacted in accordance with RSA 674:51. [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 for municipalities that do not have a building inspector, with approval of the commissioner of safety and by rules adopted under RSA 541-A, fees to defray the cost of issuing building permits in accordance with 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.
V.] IV. Except for buildings owned by the state or the university system, the issuance of permits and certificates of occupancy pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. The state fire marshal shall issue permits and conduct inspections for buildings owned by the state and the university system. Nothing in this section shall prohibit the state fire marshal from contracting with a local enforcement agency or other qualified third party for these services.
[VI.] V. Counties, towns, cities, and village districts may adopt by ordinance pursuant to RSA 674:51 any additional regulations provided that such regulations are not less stringent than the requirements of the state building code pursuant to this chapter and the state fire prevention code pursuant to RSA 153.
[VII.] VI. For any municipality which has not adopted an enforcement mechanism under RSA 674:51, the contractor of the building, building component, or structure shall notify the state fire marshal concerning the type of construction before construction begins excluding one- and 2-family dwellings. Any municipality that has not adopted an enforcement mechanism under RSA 674:51 may contract with a local enforcement agency or a qualified third party for these services.
[VIII.] VII. The contractor of a building, building component, or structure shall be responsible for meeting the minimum requirements of the state building code. No municipality shall be held liable for any failure on the part of a contractor to comply with the provisions of the state building code.
[IX.] VIII. Nothing in this chapter shall be construed as amending, repealing, or superseding any local law, ordinance, code, or regulation, except local building code requirements that are less stringent than the state building code, and all buildings, building components, and structures shall comply with all applicable state or local building and fire prevention code requirements, land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.
[X.] IX. Nothing in this chapter shall be construed to permit or encourage the state to initiate or assume an independent role in the administration and enforcement of the New Hampshire building code for a building or structure that is not owned or operated by the state unless otherwise authorized by law.
[XI.] X. No state agency, authority, board, or commission shall vary, modify, or waive the state building code requirements, unless approved by the state building code review board pursuant to RSA 155-A. Nothing in this chapter shall affect the statutory authority of [the public utilities commission,] the state board for the licensing and regulation of plumbers[,] or the state electricians’ board[,] to administer their respective programs, provided that any changes to codes [adopted] proposed under the rulemaking authority of these agencies shall not be [implemented] enforced until approved by the state building code review board.
6 Local Amendments; Application. Amend RSA 155-A:3, IV(b), to read as follows:
(b) Any provision of the state building code that conflicts with existing or amended local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code.
7 Permit Required. Amend RSA 155-A:4 to read as follows:
155-A:4 Permit Required. Before starting new construction or renovation of [schools, halls, theaters or other public] buildings and structures as described in RSA 155-A:2, I, the person responsible for such construction shall obtain a permit [signed by the board of selectmen, after its due consideration of any written recommendations of the fire chief].
I. In municipalities that have adopted an enforcement mechanism pursuant to RSA 674:51, the permit under this section shall conform to the locally adopted process.
II. For buildings and structures owned by the state or the university system, the person responsible for such activities shall obtain a permit from the state fire marshal.
8 Enforcement Authority. Amend 155-A:7, I to read as follows:
I. The local enforcement agency appointed pursuant to RSA 674:51 shall have the authority to enforce the provisions of the state building code[, provided, however, that where there is no building inspector, the state fire marshal or the state fire marshal’s designee shall have the authority to enforce the provisions of the state building code, subject to the review provisions contained in RSA 155-A:10].
9 State Building Code Review Board. Amend RSA 155-A:10, II to read as follows:
II. The term of each member shall be 3 years. The chair shall be appointed by the commissioner of safety. Board members shall be appointed for no more than 2 consecutive 3-year terms. The board shall elect from among the members a vice-chair, who shall assume the responsibilities of the chair in the event of the chair’s absence.
10 State Building Code Review Board; Rulemaking Authority. Amend RSA 155-A:10, V to read as follows:
V. [The board may adopt rules to update or change the state building code for the codes described in RSA 155-A:1, IV, 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.] 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.
11 Change from Fire Code to Fire Prevention Code. Amend the following RSA provisions by replacing “fire code” with “fire prevention code”: RSA 21-P:14, IX; 47:22; 126-A:21; 153:5; 153:5-c; 153:8-a, I; 153:10-b, VI; 153:14, II(b); 153:27, XI; 154:2, II; 155-A:3-a; 155-A:10, IV; 155-A:11; 160-B:6, III-a; 160-C:3, IV; 205-C:2, I; 323:2, II; 621:8; and 625:8.
12 Repeal. The following are repealed:
I. RSA 155-A:6, relative to the inspection of state buildings.
II. RSA 155-A:10, VI, relative to the discretion of the state building review board to review and recommend adoption of other building codes.
III. RSA 674:34, relative to the powers of the building code board of appeals.
13 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0165
12/16/10
HB 137-FN-LOCAL - FISCAL NOTE
AN ACT relative to the state fire code and the state building code.
FISCAL IMPACT:
The Department of Safety states this bill will have an indeterminable fiscal impact on State and county expenditures and county revenue.
The New Hampshire Municipal Association states the bill will have an indeterminable impact on local revenue and expenditures.
There is no fiscal impact on State revenue.
METHODOLOGY:
The Department of Safety states this bill relates to the State fire and building codes. The Department states Section 3 of this bill would replace the National Fire Protection Association standard pertaining to life safety with the International Existing Building Code, which would require State, county, and local governments to meet the new codes for new buildings and renovations. The Division of Fire Safety states this would have a definite impact on State, county, and local government expenditures; however, the cost cannot be determined because the Division cannot estimate the number of, or costs associated with, future State, county, or local government projects.
The Department states Section 5 of this bill would remove the State Fire Marshall’s authority to conduct inspections in communities without a local code enforcement mechanism. The Department states this Section would have no fiscal impact on State or county revenue and expenditures. The Department states this would result in a significant, but indeterminable, increase in local government expenditures for localities with no local inspector. The Department states the bill could cause localities to charge inspection fees to absorb increases in expenditures; however, the Division of Fire Safety cannot determine the amount of increase in local government revenues.
The Department states Section 7 of this bill would require a permit for all construction projects statewide. Additionally, buildings and structures owned by the State or University System would require a permit from the State Fire Marshall. This would require the State Fire Marshall to develop a State building permit system, increasing State expenditures by an indeterminable amount. There would be no fiscal impact on State revenue. The Division of Fire Safety cannot estimate the number of county or local projects planned and therefore, cannot estimate the fiscal impact on county or local governments.
The Department states Section 8 of this bill would remove the authority of the State Fire Marshall to enforce the State building code. The Department states this would increase county and local expenditures by an indeterminable amount in governments where there is no fire code enforcement official. The Department states this Section would have no fiscal impact on State revenues or expenditures.
The Department states Section 12 would repeal three statutes. Repealing RSA 155-A:6 would remove the current language directing the Bureau of Public Works and the State Fire Marshall to periodically conduct safety inspections of all State-owned occupied public buildings. The Department states this could possibly increase State expenditures because ceasing safety inspections would result in greater risk of unmonitored code violations. This could result in undeterminable State repair costs as well as indeterminable liability costs for people injured or killed in State-owned buildings with serious code violations. Repealing RSA 674:34 would remove the powers of local building code boards of appeal, requiring persons aggrieved by local authorities to appeal to the State Building Code Review Board. The Division of Fire Safety states there will be an indeterminable impact on State, county, and local expenditures. The State would incur expenses associated with appeals as the Commissioner’s Office handles all administrative mattes for the Building Code Review Board. Additionally, the local governments would incur an undeterminable impact on local expenditures associated with submitting appeals to the State.
The New Hampshire Municipal Association states this bill would amend RSA 155-A in two significant and potentially inconsistent ways. The bill appears to remove the State Fire Marshall as the default inspection authority in municipalities which have not adopted building codes. This bill would further amend RSA 155-A:2 to state municipalities which have not adopted an enforcement mechanism may contract with a local enforcement agency or qualified third party for inspection services. In the absence of the State Fire Marshall as a default building inspector, it is unclear whether municipalities which have not adopted an enforcement mechanism would be required to contract with a third party building inspector or whether the State building code would be implemented by builders on the honor system if municipalities choose not contract with a building inspector. If the bill does require municipalities to contract with a third party, the Association states it may have a significant impact on municipal expenditures.