New Hampshire Revised Statutes 155-A:10 – State Building Code Review Board
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I. There is established a state building code review board consisting of the commissioner of safety or the commissioner’s designee, and the following members, appointed by the commissioner of safety:
(a) One architect licensed in this state for a minimum of 5 years, nominated by the board of architects established in N.H. Rev. Stat. § 310-A:29.
(b) One structural engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(c) One mechanical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(d) One electrical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(e) One representative of the state’s municipalities, nominated by the New Hampshire Municipal Association.
(f) One municipal building official, nominated by the New Hampshire Building Officials Association.
(g) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.
(h) One active fire prevention officer, nominated by the New Hampshire Association of Fire Chiefs.
(i) One building contractor, primarily engaged in the business of constructing nonresidential buildings, nominated by the Associated General Contractors of New Hampshire.
(j) One building contractor primarily engaged in the business of constructing residential buildings, nominated by the New Hampshire Home Builders Association.
(k) One representative from the New Hampshire department of energy, nominated by the commissioner of the department of energy.
(l) One master plumber licensed in this state for a minimum of 5 years, nominated by the mechanical licensing board established in N.H. Rev. Stat. § 153:27-a.
(m) One mechanical contractor, primarily engaged in the business of mechanical construction, nominated by the Plumbers, Fuel Gas Fitters, and HVAC Association of New Hampshire.
(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the electricians’ board established in RSA 319-C.
(o) One representative of the Committee on Architectural Barrier-Free Design nominated by the governor’s commission on disability.
(p) One electrical contractor, nominated by Electrical Contractors Business Association.
II. The term of each member shall be 3 years. The chair of the board shall be appointed by the commissioner of safety after meeting with the board. Board members shall be appointed for no more than 3 consecutive 3-year terms. The board shall elect from among the members a vice-chair, who shall assume the responsibilities of the chair in the event of the chair’s absence. Each appointing authority may appoint one alternate member, qualified as defined in subparagraphs I(a) through (p), who shall serve at the pleasure of the appointing authority.
III. The board shall be administratively attached to the department of safety under N.H. Rev. Stat. § 21-G:10.
IV. The board shall meet to review and assess the application of the state building code and shall recommend legislation, as the board deems necessary, to amend the requirements of the state building code in order to provide consistency with the application of other laws, rules, or regulations, to avoid undue economic impacts on the public by considering the cost of such amendments, and to promote public safety and best practices.
(a) The board shall review a newer version of a code that has been published for 2 years, and shall provide a summary of all significant changes, cost estimates of these changes, and documentation of the need for the change in any recommended legislation.
(b) Statewide amendments to the state building code shall be reviewed and approved by the board, then submitted annually to the legislature for ratification by the adoption of appropriate legislation before they become effective.
(c) Municipal amendments: municipalities shall submit proposed amendments to the state building code to the board for review and confirmation prior to adoption. Municipalities may submit proposed language to the board for an advisory opinion at any time. Cities shall submit the final proposed building code amendment no later than 90 days before final adoption. Towns shall submit the final proposed building code amendment no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each amendment. The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns. Failure of the board to act within these timeframes shall constitute a confirmation of the municipal amendment. The board’s review shall be limited to a confirmation that the local amendment does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code.
(d) Once an amendment is approved by the legislative body, the municipality shall submit documentation to the building code review board within 30 days, pursuant to subparagraph (c), that the public hearing was properly noticed and held, and that the provision was adopted by the local legislative body.
(e) The board may hear appeals of final decisions of any local building code board of appeals established under RSA 674, provided that the appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or there is an alternative construction. The board shall not have authority to waive or grant variances to requirements of the code.
(f) Amendments adopted by municipalities, submitted to the board under the provisions of N.H. Rev. Stat. § 674:51, II, and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality.
V. The board shall maintain a publicly accessible list of applicable building codes and amendments to such codes. Amendments proposed by municipalities shall be listed, with specific applicability if not statewide.
VI. The state building code review board shall not adopt or enforce any rule requiring the installation of fire sprinkler systems in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. This paragraph shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
VII. Members of the board shall receive mileage at the rate established in the United States Internal Revenue Code and Regulations when attending meetings of the board for the round trip distance from their residences to the location of the board meeting.
(a) One architect licensed in this state for a minimum of 5 years, nominated by the board of architects established in N.H. Rev. Stat. § 310-A:29.
Terms Used In New Hampshire Revised Statutes 155-A:10
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) One structural engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(c) One mechanical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(d) One electrical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in N.H. Rev. Stat. § 310-A:3.
(e) One representative of the state’s municipalities, nominated by the New Hampshire Municipal Association.
(f) One municipal building official, nominated by the New Hampshire Building Officials Association.
(g) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.
(h) One active fire prevention officer, nominated by the New Hampshire Association of Fire Chiefs.
(i) One building contractor, primarily engaged in the business of constructing nonresidential buildings, nominated by the Associated General Contractors of New Hampshire.
(j) One building contractor primarily engaged in the business of constructing residential buildings, nominated by the New Hampshire Home Builders Association.
(k) One representative from the New Hampshire department of energy, nominated by the commissioner of the department of energy.
(l) One master plumber licensed in this state for a minimum of 5 years, nominated by the mechanical licensing board established in N.H. Rev. Stat. § 153:27-a.
(m) One mechanical contractor, primarily engaged in the business of mechanical construction, nominated by the Plumbers, Fuel Gas Fitters, and HVAC Association of New Hampshire.
(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the electricians’ board established in RSA 319-C.
(o) One representative of the Committee on Architectural Barrier-Free Design nominated by the governor’s commission on disability.
(p) One electrical contractor, nominated by Electrical Contractors Business Association.
II. The term of each member shall be 3 years. The chair of the board shall be appointed by the commissioner of safety after meeting with the board. Board members shall be appointed for no more than 3 consecutive 3-year terms. The board shall elect from among the members a vice-chair, who shall assume the responsibilities of the chair in the event of the chair’s absence. Each appointing authority may appoint one alternate member, qualified as defined in subparagraphs I(a) through (p), who shall serve at the pleasure of the appointing authority.
III. The board shall be administratively attached to the department of safety under N.H. Rev. Stat. § 21-G:10.
IV. The board shall meet to review and assess the application of the state building code and shall recommend legislation, as the board deems necessary, to amend the requirements of the state building code in order to provide consistency with the application of other laws, rules, or regulations, to avoid undue economic impacts on the public by considering the cost of such amendments, and to promote public safety and best practices.
(a) The board shall review a newer version of a code that has been published for 2 years, and shall provide a summary of all significant changes, cost estimates of these changes, and documentation of the need for the change in any recommended legislation.
(b) Statewide amendments to the state building code shall be reviewed and approved by the board, then submitted annually to the legislature for ratification by the adoption of appropriate legislation before they become effective.
(c) Municipal amendments: municipalities shall submit proposed amendments to the state building code to the board for review and confirmation prior to adoption. Municipalities may submit proposed language to the board for an advisory opinion at any time. Cities shall submit the final proposed building code amendment no later than 90 days before final adoption. Towns shall submit the final proposed building code amendment no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each amendment. The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns. Failure of the board to act within these timeframes shall constitute a confirmation of the municipal amendment. The board’s review shall be limited to a confirmation that the local amendment does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code.
(d) Once an amendment is approved by the legislative body, the municipality shall submit documentation to the building code review board within 30 days, pursuant to subparagraph (c), that the public hearing was properly noticed and held, and that the provision was adopted by the local legislative body.
(e) The board may hear appeals of final decisions of any local building code board of appeals established under RSA 674, provided that the appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or there is an alternative construction. The board shall not have authority to waive or grant variances to requirements of the code.
(f) Amendments adopted by municipalities, submitted to the board under the provisions of N.H. Rev. Stat. § 674:51, II, and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality.
V. The board shall maintain a publicly accessible list of applicable building codes and amendments to such codes. Amendments proposed by municipalities shall be listed, with specific applicability if not statewide.
VI. The state building code review board shall not adopt or enforce any rule requiring the installation of fire sprinkler systems in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. This paragraph shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
VII. Members of the board shall receive mileage at the rate established in the United States Internal Revenue Code and Regulations when attending meetings of the board for the round trip distance from their residences to the location of the board meeting.