SB 335-FN-A - AS INTRODUCED
2016 SESSION
\t16-2844
\t10/05
SENATE BILL\t335-FN-A
AN ACT\ttransferring administration of the building code review board to the office of professional licensure and certification, and relative to appeals of decisions of the state fire marshal.
SPONSORS:\tSen. Boutin, Dist 16; Sen. Little, Dist 8; Sen. Watters, Dist 4; Rep. Duarte, Rock. 2; Rep. Kotowski, Merr. 24
COMMITTEE:\tExecutive Departments And Administration
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ANALYSIS
\tThis bill transfers the administration of the state building code review board to the office of professional licensure and certification, and makes an appropriation for this purpose. The bill also changes appeals from decisions of the state fire marshal on state fire code matters from the state building code review board to the state board of fire control.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2844
\t10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\ttransferring administration of the building code review board to the office of professional licensure and certification, and relative to appeals of decisions of the state fire marshal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraph; Office of Professional Licensure and Certification. Amend RSA 310-A:1-a, I by inserting after subparagraph (q) the following new subparagraph:
\t\t\t(r) State building code review board under RSA 155-A:10.
\t2 State Building Code Review Board. Amend the introductory paragraph of RSA 155-A:10, I to read as follows:
\t\tI. There is established a state building code review board consisting of the commissioner of safety or the commissioner's designee, and the following members, appointed by the [commissioner of safety] governor:
\t3 State Building Code Review Board; Appointment. Amend RSA 155-A:10, II-V to read as follows:
\t\tII. The term of each appointed member shall be 3 years. The chair of the board shall be appointed by the [commissioner of safety after meeting with the board] governor. [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.
\t\tIII. [The board shall be administratively attached to the department of safety under RSA 21-G:10] The administrative, clerical, and business processing functions of the board shall be performed by the office of professional licensure and certification established in RSA 310-A:1 through RSA 310-A:1-e.
\t\tIV. 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 amend the requirements of the state building 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 cost of such amendments, and to promote public safety and best practices.
\t\tV. The board may adopt rules to amend the state building code for the codes described in RSA 155-A:1, IV and IV-a, to the extent the board deems that such amendments are necessary, provided that any such amendments are ratified by the adoption of appropriate legislation within 2 years of their adoption. If such amendments 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.
\t4 New Paragraph; State Fire Marshal; Appeals. Amend RSA 153:4-a by inserting after paragraph IV the following new paragraph:
\t\tV. Except as specifically provided elsewhere, a person aggrieved by a decision of the state fire marshal concerning state fire code matters may appeal the decision to the state board of fire control, which shall hold a hearing within 40 days of receipt of a request, unless an extension of time has been granted by the board of fire control at the written request of one of the parties. The state board of fire control shall render a decision within 30 days of the conclusion of a hearing.
\t5 New Paragraph; State Fire Marshal; Appeal From Decisions. Amend RSA 153:8-a by inserting after paragraph II the following new paragraph:
\t\tIII.(a) Any decisions of the state fire marshal under paragraph I concerning the state building code may be appealed to the state building code review board under RSA 155-A:11.
\t\t\t(b) Other decisions of the state fire marshal under paragraph I may be appealed as provided in RSA 153.
\t6 Building Code Review Board; Appeals From Decisions of the Fire Marshal. Amend RSA 155-A:11, I to read as follows:
\t\tI. Any person aggrieved by a decision of the state fire marshal relative to the application and enforcement of the state building code pursuant to RSA 153:8-a, I(a)[, or the state fire code,] may appeal the decision of the fire marshal to the board, which may uphold, modify, or overturn such decision.
\t7 Appropriation; Office of Professional Licensure and Certification. The sum of $10,000 for the biennium ending June 30, 2017 is hereby appropriated to the office of professional licensure for the purpose of providing support to the state building code review board including but not limited to assistance with administrative, clerical, and business processing functions of the board, and recording and transcription of the proceedings and minutes and hearings of the board. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t8 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2844
\t\t\t\t\t\t\t\t\t\t\t12/7/15
SB 335-FN-A- FISCAL NOTE
AN ACT\ttransferring administration of the building code review board to the office of professional licensure and certification, and relative to appeals of decisions of the state fire marshal.
FISCAL IMPACT:
The Office of Professional Licensure and Certification states this bill, as introduced, may have an indeterminable fiscal impact on state general fund expenditures in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
This bill appropriates $10,000 in state general funds for the fiscal year ending June 30, 2017 to the Office of Professional Licensure and Certification for the purposes of this act.
METHODOLOGY:
The Office of Professional Licensure and Certification (OPLC) states this bill transfers the administration of the Building Code Review Board (Board) to the OPLC. Under current law, the Board is administratively attached to the Department of Safety. This bill appropriates $10,000 to the OPLC for the purposes of providing general administrative, clerical, and business processing functions support. The OPLC anticipates the appropriation will cover the aforementioned costs. However, the OPLC states it cannot predict the actual costs and funds used to support the board. Entities under the OPLC are generally supported by revenue generated through licensing and examination fees. By removing the Board from the Department of Safety, this bill invalidates a footnote included in Chapter 275, Laws of 2015, that specifies $10,000 included in class 70 (in state travel reimbursement) of the mechanical safety accounting unit (02-23-23-238010-5006), shall be used for the Board's mileage reimbursement.
The Department of Safety states this bill will result in a net zero impact to state expenditures as this bill moves functions from the Department of Safety to the OPLC and makes a $10,000 appropriation therefor.