219:1 State Building Code Review Board; Membership. Amend RSA 155-A:10, II to read as follows:

II. The term of each member shall be 3 years. The chair of the board shall be appointed by the commissioner of safety after meeting with the board. 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.

219:2 State Building Code Review Board; Amendments to the State Building Code. 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 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.

V. 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.

219:3 Applicability. Any code amendment in effect on the effective date of this act shall expire 18 months from the effective date of this act unless prior to such date, the amendment is approved by the board of fire control or building code review board and ratified by the adoption of appropriate legislation.

219:4 New Section; Appeal of Decisions of Local Building Code Board of Appeals. Amend RSA 155-A by inserting after section 11-a the following new section:

155-A:11-b Appeal of Decisions of Local Building Code Board of Appeals.

I. The board shall hear appeals of final decisions of any local building code board of appeals established under RSA 674.

II. An application for appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an alternative construction is proposed. The board shall not have authority to waive or grant variances to requirements of the code.

III. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties, and shall render a decision within 30 days of the conclusion of the hearing.

219:5 Building Code Board of Appeals. Amend RSA 674:34 to read as follows:

674:34 Powers of Building Code Board of Appeals.

The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in [RSA 155-A:1](https://gencourt.state.nh.us/rsa/html/XII/155-A/155-A-1.htm).  An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed.  The board shall have no authority to waive requirements of the state building code or the state fire code.

219:6 Effective Date. This act shall take effect 30 days after its passage.

Approved: July 12, 2019

Effective Date: August 11, 2019

219:1 State Building Code Review Board; Membership. Amend RSA 155-A:10, II to read as follows:

II. The term of each member shall be 3 years. The chair of the board shall be appointed by the commissioner of safety after meeting with the board. Board members shall be appointed for no more than 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. The board shall maintain a publicly accessible list of applicable building codes and amendments to such codes. Amendments proposed by municipalities shall be listed, with specific applicability if not statewide.*

219:3 Applicability. Any code amendment in effect on the effective date of this act shall expire 18 months from the effective date of this act unless prior to such date, the amendment is approved by the board of fire control or building code review board and ratified by the adoption of appropriate legislation.

219:4 New Section; Appeal of Decisions of Local Building Code Board of Appeals. Amend RSA 155-A by inserting after section 11-a the following new section:

155-A:11-b Appeal of Decisions of Local Building Code Board of Appeals.

I. The board shall hear appeals of final decisions of any local building code board of appeals established under RSA 674.

II. An application for appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an alternative construction is proposed. The board shall not have authority to waive or grant variances to requirements of the code.

III. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties, and shall render a decision within 30 days of the conclusion of the hearing.

219:5 Building Code Board of Appeals. Amend RSA 674:34 to read as follows:

674:34 Powers of Building Code Board of Appeals.

I. The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in RSA 155-A:1. An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the state building code or the state fire code.

II. Appeals of decisions of any local building code board of appeals shall be made within 30 days of the board's decision to the state building code review board as outlined under RSA 155-A:10, IV(c).

219:6 Effective Date. This act shall take effect 30 days after its passage.

Approved: July 12, 2019

Effective Date: August 11, 2019