155-A:4 Permit Required. –
I. Before starting work as described in RSA 155-A:2, I, the person responsible for such construction shall obtain a permit.
II. In municipalities that have adopted an enforcement mechanism pursuant to RSA 155-A:3, the permit under this section shall conform to the locally adopted process. No permit shall be issued that would not result in compliance with the state building code.
III. For buildings and structures owned by the state, the community college system of New Hampshire, or the university system, the person responsible for such activities shall obtain a permit from the state fire marshal. Before issuing the permit, the state fire marshal shall give due consideration to any written recommendations of the municipal fire chief, building official, or designee in the community where the state building is located.
IV. No building permit shall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to the municipality by a bond or other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV; provided, however, that on land which is part of a subdivision plat or site plan, no building shall be used or occupied prior to the completion of required streets and utilities, except upon such terms as the planning board may have authorized as part of its decision approving the plat or site plan.
V. The building official shall not issue any building or occupancy permit for any proposed construction, remodeling, or maintenance which will not comply with any or all zoning ordinances, building codes, or planning board regulations which are in effect.
VI. No building permit shall be issued when prohibited under the provisions of RSA 674:12, 674:13, 674:21, 674:22, 674:23, 674:41, 674:53, 674:75, 676:8, 676:9 or 676:12.
VII. The building official shall comply with RSA 674:30, if applicable.
VIII. If any building official is prosecuted for violation of RSA 643:1 and found guilty of issuing any permit contrary to the provisions of this section, it shall be prima facie evidence that the building official has knowingly refrained from performing a duty imposed on the building official by law.
IX. The building official shall adopt a form or set of standards specifying the minimum contents of a completed application for any building permit. Upon the submission of a completed application, the building official shall act to approve or deny a building permit within 30 days; provided, however, that nonresidential applications or residential applications encompassing more than 10 dwelling units shall be approved or denied within 60 days.
X. The time for the building official to act upon building permits for collocation applications and modification applications for personal wireless service facilities shall be governed by RSA 12-K:10. In the event that the form or set of standards for a building permit application conflicts with any of the limitations under RSA 12-K:11 for a collocation application or a modification application for a personal wireless service facility, the limitations in RSA 12-K:11 shall control.
Source. 2002, 8:3. 2012, 242:13, eff. June 18, 2012. 2025, 276:7, eff. July 1, 2026. 2026, 318:10, 11, eff. July 1, 2026 at 12:01 a.m.