HB80 (2018) Detail

Relative to the administration of building code enforcement.


HB 80 - AS INTRODUCED

 

 

2017 SESSION

17-0024

06/05

 

HOUSE BILL 80

 

AN ACT relative to the administration of building code enforcement.

 

SPONSORS: Rep. Roberts, Hills. 4; Rep. Goley, Hills. 8; Rep. Shepardson, Ches. 10; Rep. H. Moffett, Merr. 9; Rep. Mann, Ches. 2; Rep. M. MacKay, Hills. 30

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill revises the administration of building code enforcement.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0024

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the administration of building code enforcement.

 

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

 

1  Energy Conservation in Building Construction.  Amend the chapter heading of RSA 155-D to read as follows:

ADMINISTRATION OF ENERGY CONSERVATION

IN [NEW] BUILDING CONSTRUCTION

2  Energy Conservation in Building Construction; Definitions.  Amend RSA 155-D:2 - RSA 155-D:10 to read as follows:

155-D:2  Definitions.  In this chapter:

I.  ["Alter'' means any change or reconstruction of an existing building the cost of which exceeds 50 percent of the value of the building immediately prior to the alteration.

II.]  "Code for Energy Conservation in [New] Building Construction'' or "code'' means the applicable parts of the New Hampshire building code as defined in RSA 155-A:1, IV.

[III.] II.  "Public buildings'' means any building or space [where the general public is allowed entry as a normal part of the operation and use of the building] whose construction, remodel, modification, or relocation is governed by the International Building Code identified in RSA 155-A:1, I.

[IV.] III.  "Standards'' means design specifications relevant to [new] building construction as established in the code.

155-D:3  Construction Standards.

[I.]  All new buildings and structures or remodeled portions thereof and additions to existing buildings [that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, and residential occupancy, as well as those portions of factories and industrial occupancies designed primarily for human occupancy,] shall conform to standards not less than those established by the code and amendments to the code[; provided, however, the following exceptions shall be permitted:

(a)  Double glazing instead of the triple glazing requirement.

(b)  The ceiling insulation requirement of an R-30 factor instead of R-38 for both cathedral and flat ceilings.

(c)  The ductwork insulation requirement of an R-3 factor instead of an R-8 factor.

II.  The construction standards established by the code shall apply to all residential buildings as defined in section 502.2 of the code.  The distinction between Type A-1 and Type A-2 residential buildings established by section 502.2 of the code is hereby abolished].

155-D:4  Administration.

I.  It shall be the responsibility of the towns and cities where building code enforcement procedures have been adopted pursuant to RSA 674:51 and RSA 47:22 to enforce the provisions of this chapter.  In towns and cities that have not adopted such procedures, the public utilities commission shall administer the code.

II.  In towns or cities where building [codes] code enforcement provisions have been adopted, 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 provisions of the code.

III.  In communities where [the] building code enforcement provisions have been adopted, the building code official or inspector [is serving on a part-time basis, he] may request technical assistance from the public utilities commission.

IV.  In towns and cities where no building codes have been adopted, it shall be the responsibility of the general contractor or owner-builder to submit plans and specifications to the public utilities commission where they shall be reviewed and approved if conforming to the Code for Energy Conservation in [New] Building Construction. The commission shall respond to the applicant within 30 working days starting with the date of receipt.

V.  If the public utilities commission does not transmit notification of compliance or noncompliance of submitted plans and specifications to the applicant within [15] 30 working days of receipt of said plan, they shall be considered automatically approved.

VI.(a)  In towns and cities where code enforcement provisions have not been adopted, 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-D:3, which they design, and all blueprints to which they affix their professional seal, meet or exceed the standards as printed and amended in the code [for Energy Conservation in New Building Construction.

VII.]  A document certifying compliance with the provisions of the code shall be submitted by the architect or engineer to the public utilities commission [and to the local building official in whose jurisdiction the building is to be erected].

(b)  Where code enforcement authority provisions have been adopted, the local enforcement agency shall determine the acceptable form of code compliance documentation required.

[VIII.] VII.  All [manufactured or prefabricated] structures, except [mobile] manufactured homes, transported over state lines for erection in the state of New Hampshire, shall [be certified by the manufacturer] be certified by the manufacturer to the state fire marshal as required under the Saf-C 3300 rules of the department of safety as meeting the requirements of the code [for Energy Conservation in New Building Construction or a nationally recognized equivalent thereof.

IX.  For residential construction only, the geographical distinctions established under section 302 of the code shall not apply in the administration of the code].

155-D:5  Acts Unlawful.  

I.  It shall be unlawful to erect, construct, [or] alter, or reconstruct any building or structure [designed for human occupancy,] unless specifically exempt by [this chapter] the code, without first obtaining a certificate of compliance with the provisions of the code [for Energy Conservation in New Building Construction] from the local building official or code official designated by the local administrative authority under RSA 674:51 or RSA 47:22 or, where local code enforcement provisions have not been adopted, [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 have been certified as complying with this chapter by an architect or engineer pursuant to RSA 155-D:4, VI or for which the plans are deemed to have been approved by the public utilities commission pursuant to RSA 155-D:4, V.

155-D:6  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.

I-a.  In cities and towns which have adopted a building code, a building inspector or other designated official shall not issue either a temporary or permanent occupancy permit unless [a certificate of compliance form for the code has been signed by the builder] verification of code compliance has been accomplished by any of the means identified in the code.  The compliance [form] documents 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] permanent record for the project.

I-b.  Any city or town which has not adopted a building code shall require builders or contractors to complete a certificate of compliance form for the 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.

II.  Any building erected, constructed, altered, or reconstructed in violation of this chapter shall be deemed an unlawful structure, and the building inspector [or], other local administrative officer charged with enforcement, or the public utilities commission may bring an action to enjoin such erection in the superior court of the county in which the building is located.

III.  Any person who violates the provisions of this chapter shall be guilty of a misdemeanor.

155-D:7  Exemptions.  

I.  [Any building or structure which has been designed and for which bids have been issued prior to August 24, 1979, shall be exempt therefrom.

II.  Towns or cities which prior to August 24, 1979, have enacted a nationally recognized equivalent of the code shall be exempt from the provisions of this chapter.

III.]  Buildings and structures or portions thereof which are neither heated nor cooled by systems dependent upon fossil fuel are exempt from the provisions of this chapter.

[IV.] II.  Historic buildings are exempt from the provisions of this chapter.  The exemption shall apply to those buildings which have been specifically designated as historically significant by the state of New Hampshire or a local governing body, or listed in The National Register of Historic Places, or which have been determined to be eligible for such listing.

155-D:8  Change of Occupancy.  Any change in the occupancy or use of any building or structure which would require an increase in demand for either fossil fuel or electrical energy supply, shall not be permitted unless such building or structure is made to comply with the requirements of this chapter, except that compliance shall not be required where no physical modifications to the building thermal envelope, structure, or heating/cooling systems take place at the time of occupancy change.

155-D:9  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] individuals responsible for code enforcement, as outlined under RSA 155-A:7, regarding all aspects of the Code for Energy Conservation in [New] Building Construction.  The training programs shall include classroom lectures and if requested, technical assistance in the field.  The training program shall commence within one year of August 24, 1979.

155-D:10  Rulemaking.  The public utilities commission shall adopt rules, under RSA 541-A, relative to amendments to the New Hampshire Code for Energy Conservation in [New] Building Construction adopted under RSA 155-D.  Before filing a notice of proposed rule under RSA 541-A:6, the commission shall hold an informal conference open to all affected parties.  The rules adopted under this authority shall not waive or contradict any of the requirements as specified in the code.

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

Links

HB80 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2017 House Hearing
March 1, 2017 House Exec Session
Nov. 1, 2017 House Exec Session
Jan. 3, 2018 House Floor Vote

Bill Text Revisions

HB80 Revision: 2410 Date: Jan. 31, 2017, 8:09 a.m.

Docket


Jan. 3, 2018: Inexpedient to Legislate: MA VV 01/03/2018 HJ 1 P. 33


Jan. 3, 2018: Committee Report: Inexpedient to Legislate for 01/03/2018 (Vote 17-0; CC)


Nov. 1, 2017: Executive Session: 11/01/2017 10:30 AM LOB 306


Oct. 3, 2017: Retained Bill Subcommittee Work Session: 10/03/2017 09:00 AM LOB 306


Aug. 22, 2017: Retained Bill Full Committee Work Session: 08/22/2017 10:00 AM LOB 306


: Retained in Committee


March 1, 2017: Executive Session: 03/01/2017 11:00 AM LOB 306


Feb. 23, 2017: Subcommittee Work Session: 02/23/2017 09:30 AM LOB 308


Feb. 15, 2017: Subcommittee Work Session: 02/15/2017 03:00 PM LOB 308


Feb. 8, 2017: Subcommittee Work Session: 02/08/2017 09:00 AM LOB 306


Jan. 18, 2017: Public Hearing: 01/18/2017 01:45 PM LOB 306


Jan. 4, 2017: Introduced 01/04/2017 and referred to Executive Departments and Administration HJ 2 P. 16