[RSA 155-A:3 effective until July 1, 2026; see also RSA 155-A:3 set out below.]
155-A:3 Local Amendments; Application. –
For a municipality which has adopted an enforcement mechanism or additional regulations to the state building code pursuant to RSA 674:51:
I. The municipality may adopt local amendments to the state building code pursuant to RSA 674:51. The issuance of permits and the collection of fees pursuant RSA 155-A:2, III and issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to RSA 674:51, II.
II. The procedure for amendment shall be in accordance with applicable statutes and local regulations.
III. At a minimum, the municipality shall ensure that implementation and enforcement includes:
(a) Review and acceptance of appropriate plans.
(b) Issuance of building permits.
(c) Inspection of the work authorized by the building permits.
(d) Issuance of appropriate use and occupancy certificates.
IV. (a) The provisions of this chapter and any local amendments under this section shall not be construed to 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) Any provision of the state building code 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 provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code or state fire code.
V. Any ordinance adopted under RSA 674:51 by a local legislative body shall be submitted to the state building code review board for review and confirmation.
[RSA 155-A:3 effective July 1, 2026; see also RSA 155-A:3 above.]
155-A:3 Enforcement mechanism. –
I. The local legislative body, as defined in RSA 672:8, is hereby empowered and authorized to establish a local enforcement agency, as defined in RSA 155-A:1, III, to enforce the state building code adopted under RSA 155-A. The local legislative body may adopt a nationally recognized code not included in, and not inconsistent with, the state building code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board, that is included in the most recent edition of the state building code adopted under RSA 155-A:1, IV.
II. Amendments to the state building code implementing the issuance of permits and the collection of fees pursuant to RSA 155-A:2, III, and the issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV, or other administrative functions shall be reserved for the municipalities, provided they are not less stringent than the state building code and confirmed pursuant to RSA 155-A:3, IV. No amendments to the technical requirements of the state building code are permitted. Municipal amendments to technical requirements of the state building code are permitted if the state building code is more than 2 editions behind the published model codes included in the state building code, provided they are not more or less stringent than the state building code and confirmed pursuant to RSA 155-A:3, IV.
III. At a minimum, the municipality shall ensure by ordinance that implementation and enforcement includes:
(a) The date of the first enactment of any building code regulations in the municipality and of each subsequent amendment thereto.
(b) Provision for the establishment of a building code board of appeals as provided in RSA 673:1, V; 673:3, IV; and 673:5.
(c) Provision for the establishment of the position of building official as provided in RSA 673:1.
(d) The building official shall have the authority to:
(1) Accept and review appropriate design documents;
(2) Issue building permits as provided in RSA 676:11-13;
(3) Perform inspections as may be necessary to assure compliance with the state building code; and
(4) Issue any certificates of occupancy as enacted pursuant to paragraph IV.
(e) A schedule of fees, or a provision authorizing the governing body to establish fees, to be charged for building permits, inspections, and for any certificate of occupancy enacted pursuant to paragraph IV.
IV. The regulations adopted pursuant to paragraph I may include a requirement for a certificate of occupancy to be issued prior to the use or occupancy of any building or structure that is erected, remodeled, or undergoes a change or expansion of use subsequent to the effective date of such requirement. The municipality shall be responsible for implementation and enforcement of the requirement under this paragraph.
V. Municipal Employees and Departments.
(a) The provisions of this chapter shall not be construed to 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) Any provision of the state building code that conflicts with existing 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, provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code.
VI. Any ordinance adopted under paragraph II by a local legislative body shall be submitted to the state building code review board for review and confirmation.
VII. The state building code established in RSA 155-A shall be effective in all municipalities, as defined in RSA 672:10, in the state, without further local modification, except as permitted by this section, and shall be enforced as provided in RSA 155-A:7. Notwithstanding any other provision of law, no local legislative body shall enact or enforce any ordinance, adopt or enforce any rule, or implement any regulation that amends, overrides, or deviates from the state building code, or addresses any subject included in the state building code, except as otherwise permitted by this section or other statute, on or after the effective date of this section. All municipalities with an enforcement mechanism shall enforce and comply fully with the state building code without further local modification, except as otherwise permitted by this section or other statute.
VIII. (a) Local amendments and codes adopted pursuant to paragraph III prior to July 1, 2025, and the procedural history of adoption under RSA 155-A:10 shall be submitted for review to the building code review board for confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the building code adopted under RSA 155-A. No local amendment shall be enforced if it was not submitted to the building code review board by July 1, 2025. Upon the withholding of confirmation of a submitted local amendment by the state building code review board, the amendment shall not be enforced.
(b) Any such ordinance enacted or adopted pursuant to paragraph III on or after July 1, 2025, shall not be enforced unless confirmed by the building code review board pursuant to RSA 155-A:10, IV(c). The procedural history of local adoption relating to published notice, public hearing, and vote of approval shall be submitted to the board within 30 days of enactment or adoption and prior to enforcement.
IX. No municipality or local land use board, as defined in RSA 672:7, shall enforce any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes, or in existing buildings that contain, or will contain, no more than four dwelling units, unless fire sprinklers are existing or are required by a nonresidential occupancy. Notwithstanding any provision of law to the contrary, no municipality or local land use board shall enforce any existing ordinance, regulation, code, or administrative practice requiring the installation or use of automatic fire suppression sprinklers in any manufactured housing unit, as defined in RSA 674:31, situated in a manufactured housing park, as defined in RSA 205-A:1, II. Nothing in this paragraph shall affect the ability of an applicant for a local land use permit to include the installation of fire suppression sprinklers pursuant to RSA 674:36, IV, or affect the validity or enforceability of such inclusion.
X. No county, city, town, village district, local land use board, or other subdivision of this state shall adopt any ordinance, regulation, code, or administrative practice that prohibits or restricts a person or entity from installing a safe and commercially available heating or other energy system of their choice, or from engaging the services of an energy provider of their choice to install, connect, or resupply such energy system. In this paragraph, "energy provider" means a qualified and licensed distributor of oil, propane, natural gas, or other company or entity that supplies energy or related services to the public.
Source. 2002, 8:3. 2012, 242:12, eff. June 18, 2012. 2022, 242:1, eff. Jan. 1, 2023; 311:6, July 1, 2022. 2024, 40:5, eff. July 1, 2024. 2025, 276:6, eff. July 1, 2026.