HB1539 (2012) Detail

Relative to the state building code.


HB 1539-LOCAL – AS INTRODUCED

2012 SESSION

12-2212

09/10

HOUSE BILL 1539-LOCAL

AN ACT relative to the state building code.

SPONSORS: Rep. Mirski, Graf 10; Rep. Seidel, Hills 20; Rep. Cebrowski, Hills 18

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill:

I. Requires the state building code review board to consider economic impacts on the public in its review of amendments to the state building code.

II. Requires that expired building code amendments not be re-adopted by the board within 2 years of their date of expiration.

III. Establishes that no building code shall take effect until at least 3 years following its date of publication.

IV. Requires that a local legislative body demonstrate need or offsetting relief to the planning board or governing board prior to enacting ordinances or processes for enforcement involving building code regulations.

V. Was requested by the commission to study business regulations in New Hampshire established in 2011, 263 (HB 248).

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2212

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the state building code.

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

1 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] 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. No code defined in this paragraph shall be effective until at least 3 years following the date of its publication.

2 State Building Code Review Board; Duties. 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 shall recommend legislation, as the board deems necessary, to [modify] amend 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, to avoid undue economic impacts on the public by considering the costs of such amendments, and to promote public safety and best practices.

V. The board may adopt rules to [update or change] amend 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] amendments are necessary and in the best interests of the public pursuant to RSA 155-A:10, IV, provided that any such [updates or changes] amendments are ratified [by the adoption of appropriate] through legislation within 2 years of [their adoption] the vote of the board to adopt such code amendments. If such [updates or changes] amendments are not ratified, then the [rules] amendments shall expire, notwithstanding RSA 541-A:17, I, at the end of the 2-year period. Expired amendments shall not be readopted by the board within 2 years of the date of expiration. 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.

3 Power to Amend State Building Code and Establish Enforcement Procedures. Amend RSA 674:51, I to read as follows:

I. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional provisions of the state building code for the construction, remodeling, and maintenance of [all] buildings and structures in the municipality, provided that such additional regulations are not less stringent than the requirements of the state building code. The local legislative body may also enact a process for the enforcement of the state building code and any additional regulations thereto, and the provisions of a nationally recognized code that are not included in and are not inconsistent with the state building code. Prior to the enactment of any such ordinance or the adoption of any such provision or code, the local legislative body shall either demonstrate a need for the additional regulations based upon the municipality’s specific circumstances or shall provide relief from other legally adopted ordinances or regulations which offset any impacts to construction costs that result from the additional regulations. The demonstration of need or offsetting relief shall be shown through a study performed by or for the planning board or the governing body based on competent evidence. Any local enforcement process adopted prior to the effective date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.

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