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1 Powers of Cities and Towns; Building Codes. RSA 47:22 is repealed and reenacted to read as follows: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 to establish a local enforcement agency, as defined in RSA 155-A:1, III, to enforce the state building code adopted under RSA 155-A and the state fire code adopted under RSA 153.
2 New Hampshire Building Code; Definitions. Amend RSA 155-A:1, III to read as follows:
III. "Local enforcement agency" means for a municipality that has adopted enforcement provisions or additional regulations under RSA 674:51 or RSA 47:22, the building inspector, code official, or other local government official qualified and authorized to make inspections and to enforce the laws, ordinances, and rules enacted by the state and by local government that establish standards and requirements applicable to the construction, alteration, or repair of buildings. For the purpose of enforcement of the state fire code for buildings and structures not owned by the state, thelocal enforcement agencymeans the municipal fire chief or his or her representative, pursuant to RSA 154:2, II.
3 State Building Code. 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.
4 Local Amendments; Application. Amend RSA 155-A:3 to read as follows:
155-A:3 Local Amendments; Application. For a municipality which has adopted an enforcement mechanism or additional regulations to the state building code pursuant to RSA 674:51:
*I. The municipality may adopt local amendments to the state building code pursuant to RSA 674:51. The issuance of permits and the collection of fees pursuant RSA 155-A:2, III and issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to RSA 674:51, II.
II. The procedure for amendment shall be in accordance with applicable statutes and local regulations.
III* . At a minimum, the municipality shall ensure that implementation and enforcement includes:
(a) Review and acceptance of appropriate plans.
(b) Issuance of building permits.
(c) Inspection of the work authorized by the building permits.
(d) Issuance of appropriate use and occupancy certificates.
IV .(a) The provisions of this chapter and any local amendments under this section shall not be construed to restrict or encumber the local governing body's authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments.
(b) Any provision of the state building code that conflicts with existing or amended local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code or state fire code.
V. Any ordinance adopted under RSA 674:51 by a local legislative body shall be submitted to the state building code review board for review and confirmation.
5 Power to Amend State Building Code Removed. RSA 674:51 is repealed and reenacted to read as follows:
674:51 Enforcement of State Building Code. The state building code established in RSA 155-A shall be effective in all towns and cities in the state and shall be enforced as provided in RSA 155-A:7.
I. Notwithstanding any other provision of law, no local legislative body shall enact any ordinance, adopt any rule, or implement any regulation that amends, overrides, or deviates from the state building code on or after the effective date of this section. All municipalities shall comply fully with the state building code without further local modification.
II. No municipality or local land use board as defined in RSA 672:7 shall enforce any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one or 2-family dwelling unit in a structure used only for residential purposes, or in existing buildings that contain, or will contain, no more than 4 dwelling units, unless fire sprinklers are existing or are required by a nonresidential occupancy. Notwithstanding any provision of law to the contrary, no municipality or local land use board shall enforce any existing ordinance, regulation, code, or administrative practice requiring the installation or use of automatic fire suppression sprinklers in any manufactured housing unit as defined in RSA 674:31 situated in a manufactured housing park as defined in RSA 205-A:1, II. Nothing in this paragraph shall affect the ability of an applicant for a local land use permit to include the installation of fire suppression sprinklers pursuant to RSA 674:36, IV, or affect the validity or enforceability of such inclusion.
III. No county, city, town, village district, local land use board, or other subdivision of this state shall adopt any ordinance, regulation, code, or administrative practice that prohibits or restricts a person or entity from installing a safe and commercially available heating or other energy system of their choice or to engage the services of an energy provider of their choice to install, connect, or resupply such energy system. In this paragraph, "energy provider" means a qualified and licensed distributor of oil, propane, natural gas, or other company or entity that supplies energy or related services to the public.
6 General Requirements. Amend RSA 675:1, II to read as follows:
II. Zoning ordinances proposed under RSA 674:16[,] historic district ordinances proposed under RSA 674:46 [and building codes proposed under RSA 674:51] shall be adopted in accordance with the procedures required under RSA [675:2-5] .
7 Repeal. The following are repealed:
I. RSA 155-A:10, IV(c) through (f), relative to the state building code review board.
II. RSA 674:34, II, relative to the powers of building code boards of appeals.
8 Effective Date. This act shall take effect 60 days after its passage.
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1 Powers of Cities and Towns; Building Codes. RSA 47:22 is repealed and reenacted 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 to establish a local enforcement agency, as defined in RSA 155-A:1, III, to enforce the state building code adopted under RSA 155-A and the state fire code adopted under RSA 153.
2 New Hampshire Building Code; Definitions. Amend RSA 155-A:1, III to read as follows:
III. "Local enforcement agency" means for a municipality that has adopted enforcement provisions under RSA 47:22, the building inspector, code official, or other local government official qualified and authorized to make inspections and to enforce the laws, ordinances, and rules enacted by the state that establish standards and requirements applicable to the construction, alteration, or repair of buildings. For the purpose of enforcement of the state fire code for buildings and structures not owned by the state, the local enforcement agency means the municipal fire chief or his or her representative, pursuant to RSA 154:2, II.
3 State Building Code. 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 fire code, or where expressly required by RSA 47:22, and all buildings, building components, and structures shall comply with all applicable state 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.
4 Local Amendments; Application. Amend RSA 155-A:3 to read as follows:
155-A:3 Application. For a municipality which has adopted an enforcement mechanism :
I . At a minimum, the municipality shall ensure that implementation and enforcement includes:
(a) Review and acceptance of appropriate plans.
(b) Issuance of building permits.
(c) Inspection of the work authorized by the building permits.
(d) Issuance of appropriate use and occupancy certificates.
II .(a) The provisions of this chapter under this section shall not be construed to restrict or encumber the local governing body's authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments.
(b) Any provision of the state building code that conflicts with existing local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code or state fire code.
5 Power to Amend State Building Code Removed. RSA 674:51 is repealed and reenacted to read as follows:
674:51 Enforcement of State Building Code. The state building code established in RSA 155-A shall be effective in all towns and cities in the state and shall be enforced as provided in RSA 155-A:7.
I. Notwithstanding any other provision of law, no local legislative body shall enact any ordinance, adopt any rule, or implement any regulation that amends, overrides, or deviates from the state building code on or after the effective date of this section. All municipalities shall comply fully with the state building code without further local modification.
II. No municipality or local land use board as defined in RSA 672:7 shall enforce any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one or 2-family dwelling unit in a structure used only for residential purposes, or in existing buildings that contain, or will contain, no more than 4 dwelling units, unless fire sprinklers are existing or are required by a nonresidential occupancy. Notwithstanding any provision of law to the contrary, no municipality or local land use board shall enforce any existing ordinance, regulation, code, or administrative practice requiring the installation or use of automatic fire suppression sprinklers in any manufactured housing unit as defined in RSA 674:31 situated in a manufactured housing park as defined in RSA 205-A:1, II. Nothing in this paragraph shall affect the ability of an applicant for a local land use permit to include the installation of fire suppression sprinklers pursuant to RSA 674:36, IV, or affect the validity or enforceability of such inclusion.
III. No county, city, town, village district, local land use board, or other subdivision of this state shall adopt any ordinance, regulation, code, or administrative practice that prohibits or restricts a person or entity from installing a safe and commercially available heating or other energy system of their choice or to engage the services of an energy provider of their choice to install, connect, or resupply such energy system. In this paragraph, "energy provider" means a qualified and licensed distributor of oil, propane, natural gas, or other company or entity that supplies energy or related services to the public.
6 General Requirements. Amend RSA 675:1, II to read as follows:
II. Zoning ordinances proposed under RSA 674:16[,] and historic district ordinances proposed under RSA 674:46 [and building codes proposed under RSA 674:51] shall be adopted in accordance with the procedures required under RSA [675:2-5] 675:2 through675:5 .
7 Repeal. The following are repealed:
I. RSA 155-A:10, IV(c) through (f), relative to the state building code review board.
II. RSA 674:34, II, relative to the powers of building code boards of appeals.
8 Effective Date. This act shall take effect 60 days after its passage.