Bill Text - HB1480 (2012)

Relative to requiring sprinklers in certain buildings.


Revision: Dec. 14, 2011, midnight

HB 1480 – AS INTRODUCED

2012 SESSION

12-2573

08/03

HOUSE BILL 1480

AN ACT relative to requiring sprinklers in certain buildings.

SPONSORS: Rep. Schroadter, Rock 12

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill exempts certain commercial and historic buildings from sprinkler requirements until renovated.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2573

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to requiring sprinklers in certain buildings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Sprinkler System Requirements. Amend RSA 153:5 to read as follows:

153:5 Rules. The state fire marshal shall adopt rules, with the approval of the commissioner of safety, 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 detached one- or 2-family dwelling units in a structure used only for residential purposes, 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, except that no rule requiring sprinkler systems shall apply to commercial buildings or buildings deemed of cultural importance by the town historic district commission until the building undergoes a renovation requiring a building permit. 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.

2 New Paragraph; State Building Code Board; Sprinklers. Amend RSA 155-A:10 by inserting after paragraph VII the following new paragraph:

VIII. No rule adopted by the state building code review board requiring sprinkler systems shall apply to commercial buildings or buildings deemed of cultural importance by the town historic district commission until the building undergoes a renovation requiring a building permit.

3 Planning Board; Sprinklers. Amend RSA 674:36, IV to read as follows:

IV. The planning board shall not require, or adopt any regulation requiring, the installation of a fire suppression sprinkler system in proposed one- or 2-family residences as a condition of approval for a local permit. Nothing in this paragraph shall prohibit a duly adopted regulation mandating a cistern, dry hydrant, fire pond, or other credible water source other than a fire suppression sprinkler system. No regulation requiring sprinkler systems shall apply to commercial buildings or buildings deemed of cultural importance by the town historic district commission until the building undergoes a renovation requiring a building permit.

4 Effective Date. This act shall take effect 60 days after its passage.