155-A:3-d Building Code Board of Appeals. –
I. The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in RSA 155-A:1. If the zoning board of adjustment or board of selectmen is acting as the building code board of appeals under RSA 155-A:3, its jurisdiction shall be limited to hearing appeals of local amendments to the state building code or state fire code, and all other appeals shall be made to the building code review board under RSA 155-A:11-b. An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the state building code or the state fire code.
II. Appeals of decisions of any local building code board of appeals shall be made within 30 days of the board's decision to the state building code review board as outlined under RSA 155-A:10, IV(c).
III. The building code board of appeals shall consist of 3 or 5 members who shall be appointed in a manner prescribed by the local legislative body; provided, however, that an elected zoning board of adjustment may act as the building code board of appeals. Each member of the board shall be a resident of the municipality in order to be appointed.
IV. The term of an appointed building code board of appeals member shall be 3 years. The initial terms of members first appointed or elected to any building code board of appeals shall be staggered so that no more than one appointment occurs annually in the case of a 3 member board and no more than 2 appointments or elections occur annually in the case of a 5 member board, except when required to fill vacancies.
V. The term of office for an appointed building code board of appeals member shall begin on a date established by the appointing authority, or as soon thereafter as the member is qualified, and shall end 3 years after the date so established. If no successor has been appointed and qualified at the expiration of an appointed member's term, the member shall be entitled to remain in office until a successor has been appointed and qualified.
VI. The local legislative body may provide for the appointment of not more than 5 alternate members to any appointed building code board of appeals, who shall be appointed by the appointing authority. The terms of alternate members shall be 3 years.
VII. Each building code board of appeals shall elect its chairperson from the appointed or elected members and may create other offices as it deems necessary.
VIII. The term of every officer and chairperson elected by a building code board of appeals shall be one year. Both the chairperson and officers shall be eligible for reelection.
IX. Meetings of the building code board of appeals shall be held at the call of the chairperson and at such other times as the board may determine.
X. A majority of the membership of a building code board of appeals shall constitute the quorum necessary in order to transact business at any meeting of a building code board of appeals.
XI. Whenever a regular member of a building code board of appeals is absent or whenever a regular member disqualifies himself or herself, and an alternate member is present, the chairperson shall designate an alternate to act in the absent member's place.
XII. Vacancies in the membership of a building code board of appeals occurring other than through the expiration of a term of office shall be filled by the original appointing authority for the unexpired term. The chairperson of the building code board of appeals may designate an alternate member of the board to fill the vacancy temporarily until the vacancy is filled.
XIII. After public hearing, appointed members and alternate members of an appointed building code board of appeals may be removed by the appointing authority upon written findings of inefficiency, neglect of duty, or malfeasance in office.
XIV. The appointing authority or the building code board of appeals shall file with the city or town clerk, the village district clerk, or the clerk for the county commissioners, whichever is appropriate, a written statement of reasons for removal under this section.
XV. No member of a building code board of appeals shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law. Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member's official duties.
XVI. Each building code board of appeals may appoint such employees as it deems necessary for its work who shall be subject to the same employment rules as other corresponding civil employees of the municipality. Each board may also contract with planners, engineers, architects, and other consultants for such services as it may require. The expenditures of the board, exclusive of gifts, reimbursements, or amounts held pursuant to this section, shall be within the amounts appropriated for the purpose by the local legislative body, which may provide such funds, equipment, and accommodations as it deems necessary or advisable for the board's work. Each board may accept and use gifts, grants, or contributions for the exercise of its functions, in accordance with procedures established for the expenditure of funds within the municipality.
XVII. Any fee which a building code board of appeals, acting pursuant to this title, collects from an applicant to cover an expense lawfully imposed upon that applicant, including but not limited to the expense of notice, the expense of consultant services or investigative studies under this title, or the implementation of conditions lawfully imposed as part of a conditional approval, may be paid out toward that expense without approval of the local legislative body. This paragraph shall not apply to application, permit, or inspection fees which have been set by the local legislative body as part of an ordinance, or by the selectmen under RSA 41:9-a. Notwithstanding RSA 155-A:1, a building official shall not be considered a "building code board of appeals" for purposes of this section. Such fees shall:
(a) Be placed in the custody of the municipal treasurer whenever held by the municipality, subject to the same investment limitations as for other municipal funds;
(b) Be paid out only for the purpose for which the expense was imposed upon the applicant;
(c) Be held in a separate, nonlapsing account, and not commingled with other municipal funds; provided, however, that such fees may be used to reimburse any account from which an amount has been paid out in anticipation of the receipt of said fees; and
(d) Be paid out by the municipal treasurer only upon order of the building code board of appeals or its designated agent for such purpose.
XVIII. Any fee which a city or town imposes on an applicant pursuant to this title shall be published in a location accessible to the public during normal business hours. Any fee not published in accordance with this section at the time an applicant submits an application shall be considered waived for purposes of that application. A city or town may comply with the requirements of this section by publicly posting a list of fees at the city or town hall or by publishing a list of fees on the city or town's Internet website.
XIX. The chairperson of the building code board of appeals or, in the chairperson's absence, the acting chairperson may administer oaths. Whenever the board exercises its regulatory or quasi judicial powers it may, at its sole discretion, compel the attendance of witnesses. All expenses incurred under this section for compelling the attendance of a witness shall be paid by the party or parties requesting that a witness be compelled to attend a meeting of the board.
XX. Each building code board of appeals shall hold its meetings and maintain its records in accordance with RSA 91-A.
XXI. Whenever a building code is repealed, the records of the building code board of appeals shall be transferred to the planning board.
XXII. Every building code board of appeals, and every zoning board of adjustment acting as a building code board of appeals, shall adopt rules of procedure concerning the method of conducting its business. Rules of procedure shall be adopted at a regular meeting of the board and shall be placed on file with city, town, village district clerk, or clerk for the county commissioners for public inspection. The rules of procedure shall include when and how an alternate may participate in meetings of the building code board of appeals.
XXIII. Anyone affected by a decision made by the building official can appeal to the board of adjustment except as provided in RSA 155-A:3-d, I. To do this, the person affected must file an appeal within a reasonable time, in compliance with the board's rules, by submitting a notice of appeal to both the inspector who made the decision and the board, explaining the reasons for the appeal. The inspector shall send all related documents to the board within a reasonable time.
XXIV. The building code appeals board may impose reasonable fees to cover its administrative expenses and costs of special investigative studies, review of documents, and other matters which may be required by particular appeals or applications.
XXV. The effect of an appeal to the board is to maintain the current state of affairs. An appeal against the issuance of any permit or certificate shall suspend the permit or certificate, and no related construction, alteration, or change of use may begin. An appeal against any order or enforcement action shall halt all related proceedings unless the building official, after receiving the notice of appeal, certifies to the building code board of appeals that a stay would, in their opinion, cause imminent danger to life, health, safety, property, or the environment. In such cases, proceedings shall only be stayed by a restraining order granted by the board or the superior court, upon notice to the building official and for good cause shown.
XXVI. The building code board of appeals shall issue a final written decision and provide a copy to the applicant. This decision shall include specific written findings of fact that substantiate the decision. Should the board fail to provide these specific written findings in the case of a disapproval, it shall be grounds for automatic reversal and remand by the superior court upon appeal, unless the court identifies other factors justifying the disapproval. If the appeal is denied, the board shall furnish the applicant with written reasons for the disapproval. If the appeal is approved with conditions, the board shall include a detailed description of all conditions necessary for final approval in the written decision.
XXVII. Whenever the building code appeals board votes to approve or disapprove an appeal or deny a motion for rehearing, the minutes of the meeting, including the written decision with reasons and all conditions of approval, shall be filed with the town clerk. These documents shall be made available for public inspection within 5 business days of the vote.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.