Text to be removed highlighted in red.
1 New Chapter; Builders. Amend RSA by inserting after chapter 310-C the following new chapter:
CHAPTER 310-D
BUILDERS
310-D:1 Definitions. In this chapter:
I. "Board" means the board of builder registration, administratively attached to the New Hampshire department of labor.
II. "Registration program administrator" or "RPA" means a New Hampshire non-profit organization qualified under section 501(c)(3), registered with the director of charitable trusts, and under contract with the board to administer this chapter in accordance with board rules.
III. "Builder" means any individual, partnership, or limited liability company engaged in the business of constructing, renovating, remodeling, or other similar activities on residential buildings that are not otherwise required to hold a professional license within the state of New Hampshire.
IV. "Construction-related business" means the provisioning of contracting, remodeling, renovation, or repair services for compensation on property not domiciled by the applicant.
V. "Approved education program" means a course or series of courses, totaling not less than 8 hours of instruction covering construction safety, building codes, and professional business practices, approved by the board under this chapter.
VI. "Continuing education" means additional instruction provided by an approved program as required for the biennial renewal of registration.
VII. "Falsification" means the intentional misrepresentation, alteration, or concealment of any material fact in any application or supporting documentation submitted under this chapter.
310-D:2 Board Established; Powers and Duties; Composition.
I. There is established the board of builder registration within the New Hampshire department of labor.
II. The board shall consist of 8 members:
(a) Three members of the New Hampshire Home Builders Association with at least 5 years of active experience in residential construction, appointed by the New Hampshire Home Builders Association. One member shall serve a 4 year term, another for a 3 year term and the third for a 2 year term.
(b) One member of the building code review board, appointed by the chair of the building code review board. This position shall serve for a 3 year term.
(c) One member of a New Hampshire consumer advocacy organization, appointed by the governor. This member shall serve for a 2 year term.
(d) One current or former member of a New Hampshire municipal zoning or planning board, appointed by the New Hampshire Building Officials Association. This member shall serve a term of 3 years.
(e) One member with experience in electrical, plumbing, or engineering as nominated by Associated General Contractors.
(f) The commissioner of the New Hampshire department of labor or their designee as a permanent member.
III. The chief executive officer of the New Hampshire Home Builders Association shall serve as a non-voting member as a permanent member.
IV. The board shall:
(a) Adopt rules in consultation with the RPA under RSA 541-A by the department of labor for applications, renewals, continuing education, insurance minimums, complaint handling, investigations, sanctions, advertising and permit verification, and RPA performance metrics.
(b) Issue, renew, deny, suspend, revoke, or otherwise discipline registrations after notice and opportunity for hearing.
(c) Oversee the RPA; approve its forms and policies; audit compliance; and require corrective action.
(d) Maintain ultimate authority over final disciplinary decisions and sanctions.
(e) Establish and adjust fees through rulemaking process for initial registration, renewal, and other services as necessary to support the administration of this chapter.
310-D:3 Registration Program Administrator; Designation and Contract.
The board may designate an RPA through a competitive process and shall enter into a written contract approved by the governor and council. The contract shall:
I. Set measurable performance standards and require annual independent financial and performance audits.
II. Authorize administrative fees as established by board rules to cover operating costs.
III. Require annual reporting, secure data access for the board, and cooperation with the department of labor and the office of the attorney general.
IV. Mandate ethics policies and compliance with privacy and records-retention standards.
V. Provide remedies for breach, including suspension or termination for cause.
310-D:4 Applicability and Registration Requirements.
I. The provisions of this chapter shall apply to all builders and general contractors engaged in construction-related business on any residential property not owned by the builder/general contractor (GC), the aggregate annual volume of which is $5,000 or more.
II. This chapter shall not apply to any individual already required to be licensed pursuant to existing state law and working under the scope of their license.
III. This chapter shall apply when requesting a permit from a New Hampshire municipality on a non-builder/GC owned or builder/GC occupied structure.
IV. Registration application requirements shall include:
(a) The business name and principal place of business, together with the owner's legal name, phone number, email address, physical address, and mailing address. This shall include all other legal entities qualifying for registration under the owner's name and responsibility. While companies may be held under a limited liability corporation (LLC), the name of the person responsible for its legal filing, creation, and performance of duties shall be registered along the LLC name as a "doing business as" ("dba").
(b) Owner's social security number, or individual taxpayer identification number.
(c) Proof of current liability and workers' compensation insurance conforming to state standards.
(d) Certification of successful completion of an approved education program of not less than 8 hours.
(e) Payment of initial registration fee as established by board rules.
(f) A surety bond in the amount of no less than $50,000.
(g) A statement of any bankruptcy filing within the last 7 years.
(h) Documentation of any applicable out of state registration or licensing to conduct residential building construction, remodeling, and/or renovation.
310-D:5 Duties of the RPA.
The RPA's duties shall be to:
I. Offer recommendations on the rules to the department of labor for board approval.
II. Develop and operate an online application and renewal portal; verify identity, insurance, and continuing education; issue registration numbers once approved by the board or under delegated ministerial authority.
III. Maintain a public registry showing business name, registration status, and insurance effective dates, excluding personal identifying information.
IV. Manage continuing-education approvals and rosters; transmit completions to the board.
V. Work with the secretary of state's office to include an online reminder in the secretary of state's business name filing system stating: "RSA 310-D:4 requires you to register your residential construction/remodeling business with the department of labor at insert website address" or similar department of labor approved language.
VI. Complaint intake and early resolution:
(a) Receive consumer and municipal complaints; conduct pre-hearing investigation; offer mediation; request records; and prepare a written report with a probable cause recommendation to the board's disciplinary unit.
(b) In emergencies implicating safety of lives, make an immediate referral to the board for interim suspension consideration and notify the local building official.
(c) Maintain confidentiality of investigative files until the board votes on probable cause, consistent with board rules.
VII. Provide an internal review and appeal mechanism for administrative denials.
310-D:6 Continuing Education and Renewal.
I. Each registration issued under this chapter shall remain valid for a period of 2 years, after which renewal is required.
II. Renewal shall be conditioned upon submission of:
(a) Documentation evidencing completion of not less than 8 hours of continuing education provided in approved programs including at least 2 hours of "building code update" classes. The "building code update" class shall be mandatory for each new and renewing registration.
(b) Updated evidence of current liability and workers' compensation insurance.
(c) Payment of biennial renewal fee as established by board rules.
(d) Any additional information as may be required by the board.
III. Failure to satisfy the continuing education requirement within the prescribed time period shall result in administrative penalties, including possible suspension of registration until such deficiency is remedied up to and including possible criminal proceedings.
310-D:7 Enforcement; Criminal Penalties.
I. Unregistered practice; failure to maintain insurance; falsification; violation of this chapter or rules; and noncompliance with board orders are grounds for discipline.
II. The board may impose fines up to $5,000 per violation and up to $500 per day for continuing violations, order restitution as appropriate, and require additional education, suspend, revoke, or refuse renewal.
III. Any applicant or registrant who willfully violates any provision of this chapter, including by falsification of documents, shall be subject to criminal prosecution. Such offense shall be a class B felony punishable by imprisonment for a period not to exceed 5 years and by additional fines as provided by law.
IV. The board may seek injunctive relief in superior court.
V. Proceedings shall be governed by RSA 541-A, with appeals under RSA 541.
310-D:8 Municipal Permits.
No municipality shall issue a permit for covered work unless the applicant lists a valid registration number, which the RPA and board shall make available for instant online verification.
310-D:9 Advertising, Vehicle Identification, and Contractual Disclosure Requirements.
I. Every builder or general contractor registered under this chapter shall, as a condition of doing business:
(a) Clearly display the official registration number on all company vehicles used in the conduct of business.
(b) Conspicuously include the official registration number on all marketing materials and advertisements, whether distributed in print, broadcast, digital, or via any other medium. Font size and display requirements shall be established by rules adopted by the board.
(c) Incorporate the official registration number into any contract, written or electronic, entered into with a consumer for the provision of construction-related services.
(d) Incorporate the official registration number into any written or electronic estimate provided to the consumer for the possible providing of construction-related services.
II. Any advertisement or contract failing to meet the requirements of this section shall be deemed noncompliant with the provisions of this chapter and subject to the enforcement and penalty provisions set forth herein.
310-D:10 Builder Registration Fund.
There is established a non-lapsing dedicated fund for fees, fines, and settlements. The board, through the department of labor, shall pay the RPA from this fund according to the contracted administrative fee structure as established by board rules.
310-D:11 Rulemaking.
The board shall adopt rules under RSA 541-A to implement this chapter, including but not limited to:
I. Fee schedules for initial registration, renewal, and other services.
II. RPA performance metrics and audit standards.
III. Data-sharing protocols and registry format.
IV. Complaint timelines and mediation procedures.
V. Advertising and vehicle identification display requirements.
VI. Insurance minimum requirements and standards.
VII. Education program approval criteria and continuing education requirements.
2 New Subparagraph; Application of Receipts; Builder Registration Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph:
(411) Moneys deposited in the builder registration fund as established in RSA 310-D:10.
3 Effective Date. This act shall take effect January 1, 2028.
Text to be added highlighted in green.
1 New Chapter; Builders. Amend RSA by inserting after chapter 310-C the following new chapter:
CHAPTER 310-D
BUILDERS
310-D:1 Definitions. In this chapter:
I. "Board" means the board of builder registration, administratively attached to the New Hampshire department of labor.
II. "Registration program administrator" or "RPA" means a New Hampshire non-profit organization qualified under section 501(c)(3), registered with the director of charitable trusts, and under contract with the board to administer this chapter in accordance with board rules.
III. "Builder" means any individual, partnership, or limited liability company engaged in the business of constructing, renovating, remodeling, or other similar activities on residential buildings that are not otherwise required to hold a professional license within the state of New Hampshire.
IV. "Construction-related business" means the provisioning of contracting, remodeling, renovation, or repair services for compensation on property not domiciled by the applicant.
V. "Approved education program" means a course or series of courses, totaling not less than 8 hours of instruction covering construction safety, building codes, and professional business practices, approved by the board under this chapter.
VI. "Continuing education" means additional instruction provided by an approved program as required for the biennial renewal of registration.
VII. "Falsification" means the intentional misrepresentation, alteration, or concealment of any material fact in any application or supporting documentation submitted under this chapter.
310-D:2 Board Established; Powers and Duties; Composition.
I. There is established the board of builder registration within the New Hampshire department of labor.
II. The board shall consist of 8 members:
(a) Three members of the New Hampshire Home Builders Association with at least 5 years of active experience in residential construction, appointed by the New Hampshire Home Builders Association. One member shall serve a 4 year term, another for a 3 year term and the third for a 2 year term.
(b) One member of the building code review board, appointed by the chair of the building code review board. This position shall serve for a 3 year term.
(c) One member of a New Hampshire consumer advocacy organization, appointed by the governor. This member shall serve for a 2 year term.
(d) One current or former member of a New Hampshire municipal zoning or planning board, appointed by the New Hampshire Building Officials Association. This member shall serve a term of 3 years.
(e) One member with experience in electrical, plumbing, or engineering as nominated by Associated General Contractors.
(f) The commissioner of the New Hampshire department of labor or their designee as a permanent member.
III. The chief executive officer of the New Hampshire Home Builders Association shall serve as a non-voting member as a permanent member.
IV. The board shall:
(a) Adopt rules in consultation with the RPA under RSA 541-A by the department of labor for applications, renewals, continuing education, insurance minimums, complaint handling, investigations, sanctions, advertising and permit verification, and RPA performance metrics.
(b) Issue, renew, deny, suspend, revoke, or otherwise discipline registrations after notice and opportunity for hearing.
(c) Oversee the RPA; approve its forms and policies; audit compliance; and require corrective action.
(d) Maintain ultimate authority over final disciplinary decisions and sanctions.
(e) Establish and adjust fees through rulemaking process for initial registration, renewal, and other services as necessary to support the administration of this chapter.
310-D:3 Registration Program Administrator; Designation and Contract.
The board may designate an RPA through a competitive process and shall enter into a written contract approved by the governor and council. The contract shall:
I. Set measurable performance standards and require annual independent financial and performance audits.
II. Authorize administrative fees as established by board rules to cover operating costs.
III. Require annual reporting, secure data access for the board, and cooperation with the department of labor and the office of the attorney general.
IV. Mandate ethics policies and compliance with privacy and records-retention standards.
V. Provide remedies for breach, including suspension or termination for cause.
310-D:4 Applicability and Registration Requirements.
I. The provisions of this chapter shall apply to all builders and general contractors engaged in construction-related business on any residential property not owned by the builder/general contractor (GC), the aggregate annual volume of which is $5,000 or more.
II. This chapter shall not apply to any individual already required to be licensed pursuant to existing state law and working under the scope of their license.
III. This chapter shall apply when requesting a permit from a New Hampshire municipality on a non-builder/GC owned or builder/GC occupied structure.
IV. Registration application requirements shall include:
(a) The business name and principal place of business, together with the owner's legal name, phone number, email address, physical address, and mailing address. This shall include all other legal entities qualifying for registration under the owner's name and responsibility. While companies may be held under a limited liability corporation (LLC), the name of the person responsible for its legal filing, creation, and performance of duties shall be registered along the LLC name as a "doing business as" ("dba").
(b) Owner's social security number, or individual taxpayer identification number.
(c) Proof of current liability and workers' compensation insurance conforming to state standards.
(d) Certification of successful completion of an approved education program of not less than 8 hours.
(e) Payment of initial registration fee as established by board rules.
(f) A surety bond in the amount of no less than $50,000.
(g) A statement of any bankruptcy filing within the last 7 years.
(h) Documentation of any applicable out of state registration or licensing to conduct residential building construction, remodeling, and/or renovation.
310-D:5 Duties of the RPA.
The RPA's duties shall be to:
I. Offer recommendations on the rules to the department of labor for board approval.
II. Develop and operate an online application and renewal portal; verify identity, insurance, and continuing education; issue registration numbers once approved by the board or under delegated ministerial authority.
III. Maintain a public registry showing business name, registration status, and insurance effective dates, excluding personal identifying information.
IV. Manage continuing-education approvals and rosters; transmit completions to the board.
V. Work with the secretary of state's office to include an online reminder in the secretary of state's business name filing system stating: "RSA 310-D:4 requires you to register your residential construction/remodeling business with the department of labor at " or similar department of labor approved language.
VI. Complaint intake and early resolution:
(a) Receive consumer and municipal complaints; conduct pre-hearing investigation; offer mediation; request records; and prepare a written report with a probable cause recommendation to the board's disciplinary unit.
(b) In emergencies implicating safety of lives, make an immediate referral to the board for interim suspension consideration and notify the local building official.
(c) Maintain confidentiality of investigative files until the board votes on probable cause, consistent with board rules.
VII. Provide an internal review and appeal mechanism for administrative denials.
310-D:6 Continuing Education and Renewal.
I. Each registration issued under this chapter shall remain valid for a period of 2 years, after which renewal is required.
II. Renewal shall be conditioned upon submission of:
(a) Documentation evidencing completion of not less than 8 hours of continuing education provided in approved programs including at least 2 hours of "building code update" classes. The "building code update" class shall be mandatory for each new and renewing registration.
(b) Updated evidence of current liability and workers' compensation insurance.
(c) Payment of biennial renewal fee as established by board rules.
(d) Any additional information as may be required by the board.
III. Failure to satisfy the continuing education requirement within the prescribed time period shall result in administrative penalties, including possible suspension of registration until such deficiency is remedied up to and including possible criminal proceedings.
310-D:7 Enforcement; Criminal Penalties.
I. Unregistered practice; failure to maintain insurance; falsification; violation of this chapter or rules; and noncompliance with board orders are grounds for discipline.
II. The board may impose fines up to $5,000 per violation and up to $500 per day for continuing violations, order restitution as appropriate, and require additional education, suspend, revoke, or refuse renewal.
III. Any applicant or registrant who willfully violates any provision of this chapter, including by falsification of documents, shall be subject to criminal prosecution. Such offense shall be a class B felony punishable by imprisonment for a period not to exceed 5 years and by additional fines as provided by law.
IV. The board may seek injunctive relief in superior court.
V. Proceedings shall be governed by RSA 541-A, with appeals under RSA 541.
310-D:8 Municipal Permits.
No municipality shall issue a permit for covered work unless the applicant lists a valid registration number, which the RPA and board shall make available for instant online verification.
310-D:9 Advertising, Vehicle Identification, and Contractual Disclosure Requirements.
I. Every builder or general contractor registered under this chapter shall, as a condition of doing business:
(a) Clearly display the official registration number on all company vehicles used in the conduct of business.
(b) Conspicuously include the official registration number on all marketing materials and advertisements, whether distributed in print, broadcast, digital, or via any other medium. Font size and display requirements shall be established by rules adopted by the board.
(c) Incorporate the official registration number into any contract, written or electronic, entered into with a consumer for the provision of construction-related services.
(d) Incorporate the official registration number into any written or electronic estimate provided to the consumer for the possible providing of construction-related services.
II. Any advertisement or contract failing to meet the requirements of this section shall be deemed noncompliant with the provisions of this chapter and subject to the enforcement and penalty provisions set forth herein.
310-D:10 Builder Registration Fund.
There is established a non-lapsing dedicated fund for fees, fines, and settlements. The board, through the department of labor, shall pay the RPA from this fund according to the contracted administrative fee structure as established by board rules.
310-D:11 Rulemaking.
The board shall adopt rules under RSA 541-A to implement this chapter, including but not limited to:
I. Fee schedules for initial registration, renewal, and other services.
II. RPA performance metrics and audit standards.
III. Data-sharing protocols and registry format.
IV. Complaint timelines and mediation procedures.
V. Advertising and vehicle identification display requirements.
VI. Insurance minimum requirements and standards.
VII. Education program approval criteria and continuing education requirements.
2 New Subparagraph; Application of Receipts; Builder Registration Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph:
(411) Moneys deposited in the builder registration fund as established in RSA 310-D:10.
3 Effective Date. This act shall take effect January 1, 2028.