SB 437 - AS AMENDED BY THE SENATE
02/21/2024 0712s
2024 SESSION
24-3065
12/10
SENATE BILL 437
AN ACT relative to local authority to amend the state building code.
SPONSORS: Sen. Carson, Dist 14; Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Rep. Goley, Hills. 21; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill requires all local ordinances amending the state building code to comply with the procedures in law for review and approval of additional local regulations to the state building code established in RSA 155-A.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/21/2024 0712s 24-3065
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to local authority to amend the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Municipal Power to Amend Building Code; Compliance with State Code Required. Amend RSA 674:51, I to read as follows:
I. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional amendments to the state building code for structures in the municipality, providing that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, and provided that each amendment submitted to the building code review board relates to one article or section of that code. The local legislative body may adopt a nationally recognized code not included in, and not inconsistent with, the state building code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board, that is included in the most recent edition of the state building code adopted under RSA 155-A, and the intent of this restriction shall not be avoided by the adoption of local amendments as determined by the building code review board. The local legislative body may also enact a process for the enforcement of the state building code, additional amendments and any additional codes adopted under this paragraph. Local amendments and codes regulated by this paragraph adopted prior to July 1, 2024, and the procedural history of adoption per RSA 155-A:10 shall be submitted for review to the building code review board for review and confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the building code adopted under RSA 155-A. No local amendment shall be enforced, if it has not been submitted to the building code review board within 60 days of the effective date of this paragraph. Upon the withholding of confirmation of a submitted local amendment, by the state building code review board, the amendment shall not be enforced.
2 State Building Code; Local Ordinance; Compliance with Current State Code. Amend RSA 155-A:2, V to read as follows:
V. Counties, towns, cities, and village districts may adopt additional regulations by ordinance pursuant to RSA 674:51 or RSA 47:22[ any additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code].
3 City Council Building Codes; Compliance with Current State Code. Amend RSA 47:22 to read as follows:
47:22 Grant of Power. The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any additional regulations [provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153; provided, that] or amendments provided that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153, and provided that each amendment submitted to the building code review board or the state fire marshal relates to one article or section of the code. The board of mayor and aldermen may adopt a nationally recognized code not included in, and not inconsistent with, the state building code or state fire code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board for amendments to the state building code or the state fire marshal for amendments to the state fire code, that is included in the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153, and the intent of this restriction shall not be avoided by the adoption of local amendments as determined by the building code review board for amendments to the state building code and the state fire marshal for amendments to the state fire code. Upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk. All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public. Local amendments to the state building code and codes regulated by this paragraph adopted prior to July 1, 2024, and the procedural history of adoption per RSA 155-A:10 shall be submitted for review to the building code review board for review and confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A. No local amendment shall be enforced if it has not been submitted to the state building code review board within 60 days of the effective date of this paragraph. Upon the withholding of confirmation of a submitted local amendment by the building code review board the local amendment shall not be enforced. Local amendments to the state fire code adopted prior to July 1, 2024, and the procedural history of adoption per RSA 153:4-a, shall be submitted to the state fire marshal for review and confirmation that such amendments are not in conflict or less restrictive than the state fire code and are based on sound engineering practices. The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body. No local amendment shall be enforced if it has not been submitted to the state fire marshal within 60 days of the effective date of this paragraph. Upon the withholding of confirmation of a submitted local amendment by the state fire marshal local amendment shall not be enforced.
4 State Building Code; Current Compliance Required. Amend RSA 155-A:2, VIII to read as follows:
VIII. Nothing in this chapter shall be construed as amending, repealing, or superseding any local law, ordinance, code, or regulation, except local code requirements that are less stringent than the state building code or state fire code, or where expressly required by RSA 674:51, or RSA 47:22, and all buildings, building components, and structures shall comply with all applicable state or local building and fire code requirements, land use restrictions including, but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.
5 State Building Code Review Board; Local Amendments. Amend RSA 155-A:3, V to read as follows:
V. Any ordinance adopted under RSA 674:51 by a local legislative body shall be submitted to the state building code review board for [informational purposes] review and confirmation.
6 Municipal Amendments; Limited Review. Amend RSA 155-A:10, IV(c) to read as follows:
(c) Municipal amendments: municipalities shall submit proposed amendments to the state building code to the board for review and confirmation prior to adoption. Municipalities may submit proposed language to the board for an advisory opinion at any time. Cities shall submit the final proposed building code amendment no later than 90 days before final adoption. Towns shall submit the final proposed building code amendment no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each amendment. The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns. Failure of the board to act within these time frames shall constitute a confirmation of the municipal amendment. The board's review shall be limited to a confirmation that the local amendment [does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code]complies with RSA 674:51 or RSA 47:22, and a verification with the state fire marshal that there is no conflict with the fire code.
7 Repeal. RSA 674:51-a, relative to local adoption of building codes by reference, is repealed.
| Date | Amendment |
|---|---|
| Feb. 14, 2024 | 2024-0712s |
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2024 | Senate | Hearing |
| Feb. 21, 2024 | Senate | Floor Vote |
| Feb. 21, 2024 | Senate | Floor Vote |
| April 10, 2024 | House | Hearing |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Floor Vote |
April 24, 2024: Committee Report: Ought to Pass 04/23/2024 (Vote 20-0; CC)
April 15, 2024: Executive Session: 04/23/2024 11:00 am LOB 306-308
April 19, 2024: Subcommittee Work Session: 04/23/2024 10:30 am LOB 306-308
April 15, 2024: Executive Session: 04/23/2024 11:00 am LOB 306-308
April 15, 2024: Executive Session: 04/23/2024 11:00 am LOB 306-308
April 16, 2024: Subcommittee Work Session: 04/17/2024 10:00 am LOB 302-304
March 27, 2024: Public Hearing: 04/10/2024 10:30 am LOB 306-308
Feb. 29, 2024: Introduced (in recess of) 02/22/2024 and referred to Executive Departments and Administration HJ 6
Feb. 20, 2024: Ought to Pass with Amendment 2024-0712s, MA, VV; OT3rdg; 02/21/2024; SJ 5
Feb. 20, 2024: Committee Amendment # 2024-0712s, AA, VV; 02/21/2024; SJ 5
Feb. 15, 2024: Committee Report: Ought to Pass with Amendment # 2024-0712s, 02/21/2024; Vote 5-0; CC; SC 8
Feb. 15, 2024: Committee Report: Ought to Pass with Amendment #2024-0712s, 02/21/2024; Vote 5-0; CC; SC 8
Jan. 24, 2024: Hearing: 02/07/2024, Room 103, SH, 09:15 am; SC 5
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Executive Departments and Administration; SJ 1