Revision: Jan. 24, 2019, 10:46 a.m.
HB 710-FN - AS INTRODUCED
2019 SESSION
19-0269
05/04
HOUSE BILL 710-FN
AN ACT relative to adoption of state building code and fire code amendments.
SPONSORS: Rep. McGuire, Merr. 29; Sen. Carson, Dist 14; Sen. Giuda, Dist 2; Sen. Reagan, Dist 17
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill:
I. Provides for the appointment of alternative members of the state building code review board.
II. Revises the procedure for amendment to the state building code.
III. Requires the state building code review board to maintain a publicly accessible list of applicable building codes and amendments.
IV. Exempts amendments to the state fire code that are adopted as emergency rules from rulemaking requirements under RSA 541-A.
The bill is a request of the committee to study procedures for adoption of national codes, established in 2018, 294 (HB 1254).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0269
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to adoption of state building code and fire code amendments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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] 3 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. Each appointing authority may appoint one alternate member, qualified as defined in subparagraphs I(a) through (p), who shall serve at the pleasure of the appointing authority.
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.
(a) The board may recommend adoption of a newer version of a code that has been effective at least 2 years, and shall provide a summary of all significant changes, cost estimates of these changes, and documentation of the need for the change in the recommended legislation.
(b) Amendments to the codes shall be reviewed and approved by the board, then submitted annually to the legislature for ratification by the adoption of appropriate legislation before they become effective.
(c) The board may review and approve, by a 2/3 vote, waivers to the codes for specific applications. Each waiver shall be documented and published and considered as an amendment to the code.
(d) Amendments proposed by municipalities shall be reviewed and approved by the board for statewide or local use. An amendment rejected by the board shall not be enforced by any municipality.
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.] 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.
3 State Fire Code; Rules. RSA 153:5, I is amended to read as follows:
I. Notwithstanding RSA 21-G:9, II(b), the fire marshal, with the board of fire control, may adopt emergency rules pursuant to RSA 541-A:18, I, with the approval of the commissioner of safety, [which shall be exempt from RSA 541-A,] to amend the state fire code described in RSA 153:1 to the extent the board deems such amendments are necessary, provided that the 180 day period in RSA 541-A:18 shall not apply and provided further that any such amendments are ratified by the adoption of appropriate legislation within one year of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the one-year period. Amendments to the state fire code that are not emergency rules shall be adopted as rules in accordance with RSA 541-A.
4 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.
5 Effective Date. This act shall take effect 30 days after its passage.
19-0269
Revised 1/23/19
HB 710-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to adoption of state building code and fire code amendments.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $110,000 | $85,000 | $88,000 | $91,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill amends RSA 155-A:10 and RSA 153:5 by providing for the appointment of alternative members of the Building Code Review Board, revising the procedures for amendments to the Board, requiring the Board to maintain a publicly accessible list of applicable building codes and amendments, and exempting certain rulemaking requirements.
The Department of Safety anticipates two additional part-time positions will be necessary to implement requirements of the bill. It states that based on the number or variance or waiver requests received by the Board, that one part-time position will need to be a qualified building code official who could research the waiver and report their recommendation to the Board after the code evaluation while the other part-time position will provide administrative and clerical assistance that currently does not exist within the Board. The Department also notes the Board's budget only provides for current member mileage expenses. It estimates the following additional expenditures associated with a part-time Program Specialist III position and a part-time Administrative Secretary position:
Part-time Expenses | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Program Assistant III | ||||
Salary and Benefits | $41,000 | $44,000 | $46,000 | $48,000 |
Equipment, travel, other | $33,000 | $5,000 | $5,000 | $5,000 |
Administrative Secretary | ||||
Salary and Benefits | $31,000 | $33,000 | $34,000 | $35,000 |
Equipment, travel, other | $5,000 | $3,000 | $3,000 | $3,000 |
Total | $110,000 | $85,000 | $88,000 | $91,000 |
AGENCIES CONTACTED:
Department of Safety