HB 1605

This bill establishes a state building code and repeals the authority for local adoption of building codes by reference.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

I. The general court finds that a multiplicity of construction codes and standards currently exist in this state. This multiplicity and variation of construction standards throughout the state slows the process of construction, increases the cost of construction, and is burdensome on local officials. The general court further finds that the model codes of the International Building Code 2000, the International Mechanical Code 2000, the International Fire Code 2000, the International Residential Code 2000, the International Fuel Gas Code 2000, the International Plumbing Code 2000, the International Property Maintenance Code 2000, and the National Electric Code, are construction codes which have been widely adopted and the uniform adoption of these recognized codes as the state building code pursuant to this act will insure that the state has a uniform, modern construction code which will protect the public health, safety, and welfare.

(a) Provide requirements for construction consistent with nationally recognized standards;

(b) Permit to the fullest extent feasible the use of modern technical methods, devices and improvements, consistent with reasonable requirements for the health, safety, and welfare of occupants or users of buildings and structures; and

(c) Insure adequate maintenance of buildings and structures throughout the state and to adequately protect the public health, safety, and welfare.

47:22 Grant of Power. The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, subject to RSA 156-B, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any nationally recognized code, rules and regulations, subject to RSA 156-B, to develop good engineering practice or safety that have been printed as a code in book form or such portions thereof by reference thereto in such ordinance; provided, that upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk. All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public.

3 State Buildings; Construction Standards. RSA 155-A:1 is repealed and reenacted to read as follows:

155-A:1 Construction Standards. 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, shall conform to standards not lower than those in the state building code pursuant to RSA 156-B.

4 New Chapter; New Hampshire Building Code. Amend RSA by inserting after chapter 156-A the following new chapter:

I. "Building" means building as defined and interpreted by the International Code Council's international building code 2000.

II. "Local enforcement agency" means the agency or agencies of local government with authority 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.

III. "New Hampshire building code" or "state building code" means the most recent edition of the International Building Code 2000, the International Mechanical Code 2000, the International Fire Code 2000, the International Residential Code 2000, the International Fuel Gas Code 2000, the International Plumbing Code 2000, the International Property Maintenance Code 2000, and the National Electric Code, as published by the International Code Council.

IV. "Person" means any individual or organized group of any kind, including partnerships, corporations and other forms of association, as well as federal, state or local instrumentalities, political subdivisions, or officers.

V. "Structure" means structure as defined and interpreted by the International Code Council's international building code 2000.

I. All buildings, building components, and structures constructed in New Hampshire on or after September 1, 2000, shall comply with the state building code. The construction, design, structure, maintenance, and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of all buildings and structures previously erected shall be governed by the provisions of the state building code.

II. All buildings, building components, and structures shall be deemed by local enforcement agencies as meeting the state building code. Such approval, however, shall not be deemed to preempt enforcement of any state or local standards governing installation or work performed on the building site, including but not limited to site grading, foundations, driveways, on-site water and sewer systems or connections to off-site systems, and electrical line connections to the power source.

III. Nothing in this chapter shall be construed as amending, repealing or superseding any local law, ordinance, code or regulation, and all buildings, building components, and structures shall comply with all applicable state or local building 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.

IV. Nothing in this chapter shall be construed to permit or encourage the state to initiate or assume an independent role in the administration and enforcement of the New Hampshire building code for a building or structure that is not owned or operated by the state.

V. No state agency, authority, board, or commission may adopt, by rule or otherwise, a modification of a building code requirement that is more stringent than the requirement of the state building code.

I. A municipality may adopt local amendments which do not prohibit minimum implementation and enforcement of the state building code.

II. The procedure for amendment shall be in accordance with applicable statutes and local regulations.

III. At a minimum, a municipality shall ensure that implementation and enforcement includes:

I. The building inspector or other local official with the authority to enforce building or land use regulations or codes shall have the authority to enforce the provisions of this chapter.

II. Fines, penalties, and remedies for violations of this chapter shall be the same as for violations of title LXIV, as stated in RSA 676:15 and 676:17.

156-B:5 Fees. A municipality may establish fees to defray the costs of administration, implementation, and enforcement of the state building code and any local amendments. Such fees shall be for the general use of the municipality having responsibility over the local enforcement agency.

156-B:6 Application to Public School Buildings. The state building code shall not require as a condition for approval of plans or specifications for the erection, alteration, improvement, or repair of a public school facility:

I. The refurbishment of a school facility based upon an automatic threshold, involving percentage increases in square footage or the relative costs of the building addition, beyond what is necessary to meet the requirements which directly impact health and safety of students; or

II. The refurbishment of a school facility beyond what is necessary to meet the requirements of the appropriate national building code which directly impacts the health and safety of students.

5 Modular Housing; State Building Code. Amend RSA 205-C:1, II to read as follows:

II. [~~"BOCA National Building Code"~~] "State building code" means the [~~most recent edition of the BOCA National Building Code as published by the Building Officials and Code Administrators International, Inc., as may be amended by the commissioner~~] state building code pursuant to RSA 156-B.

I. All modular buildings and building components installed in New Hampshire on or after [~~July 24, 1992~~] September 1, 2000 shall comply with the [~~BOCA National Building Code and the National Electrical Code~~] state building code.

II. All modular buildings and building components bearing a label of certification pursuant to the requirements of this chapter shall be deemed by local enforcement agencies as meeting the [~~BOCA National Building Code and the National Electrical Code. Such certification~~] state building code, however, shall not be deemed to preempt enforcement of any state or local standards governing installation or work performed on the building site, including but not limited to site grading, foundations, driveways, on-site water and sewer systems or connections to off-site systems, and electrical line connections to the power source.

III. Nothing in this chapter shall be construed as amending, repealing or superseding any [~~other state or~~] local law, ordinance, code or regulation, and all modular buildings and building components shall comply with all applicable state or local building requirements [~~that exceed the BOCA National Building Code or the National Electrical Code,~~] in addition to any land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.

I. The local legislative body, subject to the provisions of RSA 156-B, may enact as an ordinance or amend, pursuant to the procedures of RSA 675:2-4, a local building code for the construction, remodeling, and maintenance of all buildings and structures in the municipality.

II. RSA 675:9, II, relative to filing exemption for national building codes adopted by reference.

The New Hampshire Municipal Association has determined this bill may increase local expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on state and county expenditures or state, county and local revenue.

The Association stated cities and towns have the option to adopt their own version of a building code pursuant to state law. Although this bill allows local ordinances to be adopted, they must be adopted with only one code as a base. That means that if a municipality does not have the International Building Code 2000 as a base, local ordinances must be changed and training must be provided for those officials who enforce code. The Association does not know how many municipalities will be in this situation, but there will be a cost to meet the standards. In addition, there will be a cost to change the statute and potentially a cost to update the code provisions at the local level. The Association cannot estimate the amount of local cost.

This bill is not expected to increase state expenditures because the International Building Code 2000 standard in this bill is essentially the same as the 1997 BOCA Code the state currently uses.