Senate Executive Departments and Administration Committee
Kevin Condict 271-7875
HB 134, relative to the state building code.
Hearing Date: March 26, 2025
Time Opened: 9:21 a.m. Time Closed: 9:27 a.m.
Members of the Committee Present: Senators Pearl, McGough, Gannon, Altschiller and Reardon
Members of the Committee Absent : None
Bill Analysis: This bill updates the definition of the state building code to include more recent versions of certain international codes and amendments approved by the building code review board.
Sponsors:
Rep. C. McGuire | Rep. Erf | Sen. Pearl |
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Who supports the bill:Rep. Carol McGuire (Merr. 27), Simon Thomson (ECBA), and Charles Reese.
Who opposes the bill: Daniel Richardson.
Who is neutral on the bill: Philip Sherman (BCRB).
Summary of testimony presented:
Representative Carol McGuire, Merrimack 27
- Rep. McGuire introduced House Bill 134.
- Rep. McGuire explained that this bill came out of the liaison committee with the state Building Code Review Board (BCRB).
- Rep. McGuire said that this bill updates the electrical code to the 2023 version and updates the board meeting for ratifying amendments.
- Rep. McGuire said that the electrical code is out of phase with all other codes. It is still on a three-year cycle, but the years are 2020 and 2023 instead of 2018 and 2021.
- Rep. McGuire said that the adopted code with amendments was adopted by the BCRB and was being ratified.
- Rep. McGuire said that the other significant amendment she is aware of is the update to the air changes when testing a new residency. She said that amendment was adopted because they were told to do so in a bill from last year.
Philip Sherman, Building Code Review Board
- Mr. Sherman stated that on October 16 of last year, the BCRB forwarded recommended legislation to the Advisory Committee on State Building and Fire Codes, which ultimately resulted in the drafting of this bill.
- Mr. Sherman said this bill would adopt the 2023 edition of the National Electrical Code (NEC) with nineteen New Hampshire amendments and two additional amendments to the 2012 international energy conservation code.
- Mr. Sherman explained that a board approved report on the 2023 NEC was provided which identified the relative cost impact of significant changes between the 2020 and 2023 NEC.
- Mr. Sherman said that a public hearing was held on the updated code amendments, after which the BCRB voted unanimously to recommend this legislation.
- Mr. Sherman stated that most of the current amendments are carried forward from previous additions to the code.
- Mr. Sherman said there are three new amendments, each of which save costs. Five previous amendments were dropped as they are no longer needed due to the code itself.
- Mr. Sherman said that after they submitted the recommended legislation to the House, the Department of Justice (DOJ) clarified that the amendment to the 2018 International Energy Conservation Code (IECC) on building air testing rates was effectively ratified by the legislature. SB 373 in 2024 made that amendment redundant.
- Mr. Sherman explained that the other amendment adopted the longstanding required energy code submittal form. He said the result is that the form is kept in sync with the code so that they both hit the street without the delay of changing a rule.
- Mr. Sherman said that since the House voted on this bill, two other amendments to the current codes have been considered. He said those amendments to the building code and the residential code correct errors in the current amendment related to when a permit is required for tents.
- Mr. Sherman said that these amendments were intended to coordinate with the fire code and increase the permit threshold past pop-up tents and farmers markets.
- Mr. Sherman stated that when those amendments were written, they inadvertently exempted structures such as garages and other accessory structures.
- Mr. Sherman said that one of the amendments to the International Residential Code (IRC) has been approved. He noted that the BCRB would not vote on that amendment or the International Building Code (IBC) amendment until their April 11th meeting.
- Mr. Sherman recommended that the effective date of the bill be changed until April 11th, 2025.
- Sen. Pearl asked for reassurance that this bill would allow the legislature to ratify what the BCRB does on April 11th.
- Mr. Sherman said that is correct.
KC
Date Hearing Report completed: March 31, 2025