Revision: June 2, 2021, 6:45 p.m.
June 2, 2021
2021-1877s
11/06
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by inserting after section 460 the following and renumbering the original section 461 to read as 463:
461 State Board of Fire Control; Approval of Plans. Amend RSA 153:8-a to read as follows:
I. The state fire marshal or, by his or her direction, the deputy fire marshal shall be responsible for:
(a) Approval of all plans for construction or revision of all state buildings and properties, including the university system and the community college system of New Hampshire, as to compliance with the state building code and state fire code.
(b) Enforcement of the state fire code.
(c) With approval of the commissioner of safety, adoption of rules relative to the granting of exceptions or variances under this paragraph[, and rules to be known as the state fire code as provided in RSA 153:5].
(d) Development, in consultation with the commissioner of safety and the commissioner of administrative services, of a schedule for the periodic safety inspection of all occupied public buildings owned by the state.
II. When performing his duties under paragraph I, except in the city of Concord, the state fire marshal or the deputy fire marshal shall consider the written recommendations of the local fire chief and the local building inspector.
III. In the city of Concord, the state fire marshal shall submit plans for construction or revision of all state buildings and properties, including the university system and the community college system of New Hampshire, to the city of Concord's fire chief and building inspector for approval under the state building code and state fire code. The city of concord's applicable building code and fire code application and permit fees shall apply.
IV. With approval from the commissioner of safety, the state fire marshal or, at his or her direction, the deputy fire marshal, may adopt rules relative to the granting of exceptions or variances to the state fire code as provided in RSA 153:5.
462 State Building Code. Amend RSA 155-A:2, IV to read as follows:
IV. [Except for buildings owned by the state, the community college system of New Hampshire, or the university system,] The issuance of permits and certificates of occupancy pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. Except for the city of Concord, the state fire marshal shall issue permits, conduct inspections, and issue certificates of occupancy for buildings owned by the state, the community college system of New Hampshire, and the university system.
IV-a. In the city of Concord, the state fire marshal shall submit applications to the city of Concord's building inspector for approval for the issuance of permits, conducting inspections, and issuing certificates of occupancy for buildings owned by the state, the community college system of New Hampshire, and the university system. All applicable building code and fire code application and permits fees of the municipality shall apply.
IV-b. Nothing in this section shall prohibit the state fire marshal from contracting with or authorizing a local enforcement agency or other qualified third party for these services, provided the fees for such services are paid for by the applicant. Any municipality that has adopted an enforcement mechanism under RSA 674:51 alternatively may request the services of the state fire marshal under the state building permit system, including for the issuance of permits, conducting inspections, and issuance of certificates of occupancy, for buildings or projects owned by the counties, town, cities, or village districts, if a project requires specialized knowledge of the fire marshal or due to staffing limitations of the municipality. Nothing in this section shall require the state fire marshal to accept a project under the state building permit system when requested by a municipality.
2021-1877s
AMENDED ANALYSIS
Insert:
136. Requires the state fire marshal to submit applications for approval for permits, conducting inspections, and issuing certificates of occupancy for buildings owned by the state in Concord to the city of Concord directly.