New Hampshire Revised Statutes 155-A:3 – Local Amendments; Application
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For a municipality which has adopted an enforcement mechanism or additional regulations to the state building code pursuant to N.H. Rev. Stat. § 674:51:
I. The municipality may adopt local amendments to the state building code pursuant to N.H. Rev. Stat. § 674:51. The issuance of permits and the collection of fees pursuant N.H. Rev. Stat. § 155-A:2, III and issuance of permits and certificates of occupancy pursuant to N.H. Rev. Stat. § 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 674:51 by a local legislative body shall be submitted to the state building code review board for informational purposes.
I. The municipality may adopt local amendments to the state building code pursuant to N.H. Rev. Stat. § 674:51. The issuance of permits and the collection of fees pursuant N.H. Rev. Stat. § 155-A:2, III and issuance of permits and certificates of occupancy pursuant to N.H. Rev. Stat. § 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to N.H. Rev. Stat. § 674:51, II.
Terms Used In New Hampshire Revised Statutes 155-A:3
- 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.
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- 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
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 N.H. Rev. Stat. § 674:51 by a local legislative body shall be submitted to the state building code review board for informational purposes.