HB1581 — Version 100

2000 SESSION

00-2257

08/10

HOUSE BILL 1581

COMMITTEE: Municipal and County Government

ANALYSIS

This bill provides that RSA 155-D, which establishes thermal and lighting standards for new and renovated buildings and lighting standards for existing buildings, shall remain in effect in all the cities and towns of the state until January 1, 2001, after which time the provisions of the chapter shall only apply in those cities and towns whose governing bodies have adopted any or all of them.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

00-2257

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Energy Conservation in New Building Construction. RSA 155-D is repealed and reenacted to read as follows:

CHAPTER 155-D

ENERGY CONSERVATION IN NEW BUILDING

CONSTRUCTION; LOCAL OPTION

155-D:1 Purpose. The Energy Policy and Conservation Act provides funds to the states for the development of a comprehensive energy conservation plan. The goal of each plan is to reduce energy consumption in participating states by 5 percent of projected 1980 consumption. State plans are required to include certain mandatory measures, 2 of which are the adoption of [statewide] thermal and lighting standards for new and renovated buildings and lighting standards for existing buildings. This chapter is a key part of New Hampshire's effort to formulate and implement a response to those requirements. This chapter also establishes the framework for future response to changes in federal energy conservation requirements and advances in energy conservation requirements and energy conservation technology.

155-D:2 Adoption. The governing body of a city or town may adopt any or all of the provisions of RSA 155-D:4-12 after holding a public hearing for which 10 days' notice has been given by posting in 2 public places in the municipality and by publication in a newspaper in circulation in the city or town.

155-D:3 Applicability; Local Option. The provisions of this chapter, with the exception of RSA 155-D:1-a, shall apply in all cities and towns of this state until January 1, 2001. On and after January 1, 2001, RSA 155-D:4-12 shall apply only in those cities and towns which adopt any or all of those provisions pursuant to RSA 155-D:2.

155-D:4 Definitions. In this chapter:

I. "Alter" means any change or reconstruction of an existing building the cost of which exceeds 50 percent of the value of the building immediately prior to the alteration.

II. "Code for Energy Conservation in New Building Construction" or "code" means the most recent edition of the document "New Hampshire Code for Energy Conservation in New Building Construction" and all subsequent amendments.

III. "Public buildings" means any building space where the general public is allowed entry as a normal part of the operation and use of the building.

IV. "Standards" means design specifications relevant to new building construction as established in the code.

155-D:5 Construction Standards.

I. All new buildings and structures or portions thereof and additions to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, and residential occupancy, as well as those portions of factories and industrial occupancies designed primarily for human occupancy, shall conform to standards not less than those established by the code and amendments to the code; provided, however, the following exceptions shall be permitted:

(a) Double glazing instead of the triple glazing requirement.

(b) The ceiling insulation requirement of an R-30 factor instead of R-38 for both cathedral and flat ceilings.

(c) The ductwork insulation requirement of an R-3 factor instead of an R-8 factor.

II. The construction standards established by the code shall apply to all residential buildings as defined in section 502.2 of the code. The distinction between Type A-1 and Type A-2 residential buildings established by section 502.2 of the code is hereby abolished.

155-D:6 Administration.

I. It shall be the responsibility of the towns and cities that have adopted its provisions to enforce the provisions of this chapter. The public utilities commission shall administer the code.

II. In towns or cities where building codes have been adopted, it shall be the responsibility of the building code official or code official designated by the administrative authority of the city or town, to review plans and specifications to determine if all pertinent data and features of the structure and the equipment and systems conform with the provisions of the code.

III. In communities where the building inspector is serving on a part-time basis, the inspector may request technical assistance from the public utilities commission.

IV. In towns and cities where no building codes have been adopted, it shall be the responsibility of the general contractor or owner-builder to submit plans and specifications to the public utilities commission where they shall be reviewed and approved if conforming to the Code for Energy Conservation in New Building Construction.

V. If the public utilities commission does not transmit notification of compliance or noncompliance of submitted plans and specifications to the applicant within 15 working days of receipt of said plan, they shall be considered automatically approved.

VI. It shall be the responsibility of all architects and engineers, registered and practicing in the state of New Hampshire, to certify in writing that all buildings and structures required to comply with RSA 155-D:5, which they design, and all blueprints to which they affix their professional seal, meet or exceed the standards as printed and amended in the Code for Energy Conservation in New Building Construction.

VII. A document certifying compliance with the provisions of the code shall be submitted by the architect or engineer to the public utilities commission and to the local building official in whose jurisdiction the building is to be erected.

VIII. All manufactured or prefabricated structures, except mobile homes, transported over state lines for erection in the state of New Hampshire, shall be certified by the manufacturer as meeting the requirements of the Code for Energy Conservation in New Building Construction or a nationally recognized equivalent thereof.

IX. For residential construction only, the geographical distinctions established under section 302 of the code shall not apply in the administration of the code.

155-D:7 Acts Unlawful.

I. It shall be unlawful to erect, construct or alter or reconstruct any building or structure designed for human occupancy, unless specifically exempt by this chapter, without first obtaining a certificate of compliance with the provisions of the Code for Energy Conservation in New Building Construction from the local building official or code official designated by the administrative authority or from the public utilities commission.

II. The provisions of this section shall not apply to the erection, construction, alteration or reconstruction of any building for which the plans have been certified as complying with this chapter by an architect or engineer pursuant to RSA 155-D:6, VI or for which the plans are deemed to have been approved by the public utilities commission pursuant to RSA 155-D:6, V.

155-D:8 Permit Not to Issue; Injunction; Penalties.

I. The building inspector or designated official shall not issue a building permit unless the provisions of this chapter have been complied with.

II. In cities and towns which have adopted a building code, a building inspector or other designated official shall not issue either a temporary or permanent occupancy permit unless a certificate of compliance form for the code has been signed by the builder. The compliance form shall be an integral part of the occupancy permit. A copy of this occupancy permit/certificate of compliance form shall be filed with the building inspector.

III. Any city or town which has not adopted a building code shall require builders or contractors to complete a certificate of compliance form for the code, which shall be an integral part of the building application approved by the public utilities commission. This form shall be filed with the governing body of the city or town.

IV. Any building erected, constructed, altered or reconstructed in violation of this chapter shall be deemed an unlawful structure, and the building inspector or other administrative officer charged with enforcement, may bring an action to enjoin such erection in the superior court of the county in which the building is located.

V. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor.

155-D:9 Exemptions.

I. Any building or structure which has been designed and for which bids have been issued prior to August 24, 1979, shall be exempt therefrom.

II. Towns or cities which prior to August 24, 1979, have enacted a nationally recognized equivalent of the code shall be exempt from the provisions of this chapter.

III. Buildings and structures or portions thereof which are neither heated nor cooled by systems dependent upon fossil fuel are exempt from the provisions of this chapter.

IV. Historic buildings are exempt from the provisions of this chapter. The exemption shall apply to those buildings which have been specifically designated as historically significant by the state of New Hampshire or a local governing body, or listed in The National Register of Historic Places, or which have been determined to be eligible for such listing.

155-D:10 Change of Occupancy. Any change in the occupancy or use of any building or structure which would require an increase in demand for either fossil fuel or electrical energy supply, shall not be permitted unless such building or structure is made to comply with the requirements of this chapter.

155-D:11 Training. It shall be the responsibility of the public utilities commission to develop and administer a training program for architects, engineers and municipal building officials regarding all aspects of the Code for Energy Conservation in New Building Construction. The training programs shall include classroom lectures and if requested, technical assistance in the field. The training program shall commence within one year of August 24, 1979.

155-D:12 Rulemaking. The public utilities commission shall adopt rules, under RSA 541-A, relative to amendments to the New Hampshire Code for Energy Conservation in New Building Construction adopted under RSA 155-D. Before filing a notice of proposed rule under RSA 541-A:6, the commission shall hold an informal conference open to all affected parties.

2 Construction and Inspection of Public Buildings. Amend RSA 155-A:1, I to read as follows:

I. Except as provided in paragraph II, all new buildings constructed by the state or by a state agency, including the university system, and all new public buildings as defined in RSA [155-D:2, III] 155-D:4, III, shall conform to standards not lower than those in the BOCA National Building Code, as defined in RSA 205-C:1, II, as established by the Building Officials and Code Administrators International, Inc.

3 Vote by Governing Body Prior to January 1, 2001. The governing body of a city or town may vote to adopt any or all of the provisions of RSA 155-D:4-12 prior to January 1, 2001. The governing body of a city or town, prior to any vote, shall first hold a public hearing for which 10 days' notice has been given by posting in 2 public places in the municipality and by publication in a newspaper in circulation in the city or town. The result of any such vote shall not be effective until January 1, 2001.

4 Effective Date. This act shall take effect 60 days after its passage.