CHAPTER 195
HB 1124-LOCAL - FINAL VERSION
4/6/00 3997s
2000 SESSION
08/10
HOUSE BILL 1124-LOCAL
AN ACT relative to local building codes.
SPONSORS: Rep. Boyce, Belk 5; Rep. Clegg, Hills 23; Rep. Czech, Belk 5; Rep. Bartlett, Belk 6
COMMITTEE: Municipal and County Government
This bill provides that the adoption by reference of any provision of a nationally recognized building or fire code shall not be construed to restrict a municipality's authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments, provided, however, that this shall not apply to the extent that it would cause, in the case of a local building code enacted prior to the effective date of this bill, a local building code to fail to comply with certain minimum requirements or if it is proven that adoption by reference of a national building code provision was the deliberate act of the municipality.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4/6/00 3997s
00-2111
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to local building codes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
195:1 New Paragraph; Power to Adopt Building Codes by Reference; Local Authority Relative to Municipal Employees and Departments. Amend RSA 674:52 by inserting after paragraph IV the following new paragraph:
IV-a.(a) The provisions of this section shall not be construed to permit the adoption by reference of any provision of any nationally recognized code, rules, or regulations that 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) In the case of a local building code enacted prior to the effective date of this paragraph, subparagraph (a) shall not apply to the extent that it would cause such local building code to fail to comply with the minimum requirements of RSA 674:51 or if it is proven by clear and convincing evidence that adoption by reference of any such provision was the deliberate act of the municipality. In either circumstance, however, any provision of any national code adopted by reference 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.
195:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: May 30, 2000)
(Effective Date: July 29, 2000)