HB 1156

CHAPTER 270

HB 1156 - FINAL VERSION

AN ACT relative to the issuance of building permits on private roads, relative to the building code for modular housing, and relative to the membership of the state building code review board.

SPONSORS: Rep. Patten, Carr 9; Rep. Stohl, Coos 1

This bill allows a building permit to be issued for a lot on a private road if the local governing body has voted to allow development on that private road. It relieves the municipality of any responsibility for maintaining such private roads and relieves it from liability for damages resulting from the use of such roads. The bill requires the applicant to show that a notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds before the building permit may be issued.

This bill changes the building code applicable to modular housing by applying the International Residential Code 2000 in addition to the state building code.

This bill also changes the nomination of the master electrician member of the state building code review board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the issuance of building permits on private roads, relative to the building code for modular housing, and relative to the membership of the state building code review board.

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

270:1 New Subparagraph; Erection of Buildings on Private Roads. Amend RSA 674:41, I by inserting after subparagraph (c) the following new subparagraph:

(1) The local governing body, after review and comment by the planning board, has voted to authorize the issuance of building permits for the erection of buildings on said private road or portion thereof; and

(2) The municipality neither assumes responsibility for maintenance of said private roads nor liability for any damages resulting from the use thereof; and

(3) Prior to the issuance of a building permit, the applicant shall produce evidence that notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds for the lot for which the building permit is sought.

II. "[~~State~~] Modular building code" means the state building code [~~pursuant to~~] as defined in and adopted in RSA 155-A, and the International Residential Code 2000 as published by the International Code Council.

270:3 Modular Building Standards; Modular Building Code. Amend RSA 205-C:2 to read as follows:

I. All modular buildings and building components ordered on or after the date one year after the effective date of RSA 155-A:2 shall comply with the [~~state~~] modular building code and the state fire 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 [~~state~~] modular building code, however, such certification 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 modular buildings and building components shall comply with all applicable state or local building requirements that exceed the [~~state~~] modular building 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.

270:4 State Building Code Review Board; Master Electrician Member. Amend RSA 155-A:10, I(n) to read as follows:

(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the [~~New Hampshire Electrical Contractors Business Association~~] electricians' board established in RSA 319-C.

270:5 Erection of Buildings on Class VI Highways. Amend RSA 674:41, I(c)(3) to read as follows:

II. Sections 2 and 3 of this act shall take effect September 14, 2002 at 12:01 a.m.

III. The remainder of this act shall take effect 60 days after its passage.

(Effective Date: I. Section 4 of this act shall take effect April 17, 2002 at 12:01 a.m.

II. Sections 2 and 3 of this act shall take effect September 14, 2002 at 12:01 a.m. III. The remainder of this act shall take effect July 17, 2002)