New Hampshire Revised Statutes 674:51 – Power to Amend State Building Code and Establish Enforcement Procedures
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The state building code established in N.H. Rev. Stat. Chapter 155-A shall be effective in all towns and cities in the state and shall be enforced as provided in N.H. Rev. Stat. § 155-A:7. In addition, towns and cities shall have the following authority:
I. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of N.H. Rev. Stat. § 675:2-4, additional provisions of the state building code for the construction, remodeling, and maintenance of all buildings and structures in the municipality, provided that such additional regulations are not less stringent than the requirements of the state building code. The local legislative body may also enact a process for the enforcement of the state building code and any additional regulations thereto, and the provisions of a nationally recognized code that are not included in and are not inconsistent with the state building code. Any local enforcement process adopted prior to the effective date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.
II. Any such ordinance enacted or adopted under paragraph I by a local legislative body shall not be enforced unless confirmed by the building code review board pursuant to N.H. Rev. Stat. § 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.
III. The local ordinance or amendment adopted according to the provisions of paragraph I shall include, at a minimum, the following provisions:
(a) The date of 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 N.H. Rev. Stat. § 673:1, V; 673:3, IV; and 673:5.
(c) Provision for the establishment of the position of building inspector as provided in N.H. Rev. Stat. § 673:1, V. The building inspector shall have the authority to issue building permits as provided in N.H. Rev. Stat. § 676:11-13 and any certificates of occupancy as enacted pursuant to paragraph III, and to perform inspections as may be necessary to assure compliance with the local building code.
(d) 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 III.
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 or remodeled, or undergoes a change or expansion of use, subsequent to the effective date of such requirement.
V. No municipality or local land use board as defined in N.H. Rev. Stat. § 672:7 shall adopt any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. 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 N.H. Rev. Stat. § 674:31 situated in a manufactured housing park as defined in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 674:36, IV, or affect the validity or enforceability of such inclusion.
VI. Notwithstanding paragraph I, 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 to engage 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.
I. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of N.H. Rev. Stat. § 675:2-4, additional provisions of the state building code for the construction, remodeling, and maintenance of all buildings and structures in the municipality, provided that such additional regulations are not less stringent than the requirements of the state building code. The local legislative body may also enact a process for the enforcement of the state building code and any additional regulations thereto, and the provisions of a nationally recognized code that are not included in and are not inconsistent with the state building code. Any local enforcement process adopted prior to the effective date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.
Terms Used In New Hampshire Revised Statutes 674:51
- 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.
- 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
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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. Any such ordinance enacted or adopted under paragraph I by a local legislative body shall not be enforced unless confirmed by the building code review board pursuant to N.H. Rev. Stat. § 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.
III. The local ordinance or amendment adopted according to the provisions of paragraph I shall include, at a minimum, the following provisions:
(a) The date of 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 N.H. Rev. Stat. § 673:1, V; 673:3, IV; and 673:5.
(c) Provision for the establishment of the position of building inspector as provided in N.H. Rev. Stat. § 673:1, V. The building inspector shall have the authority to issue building permits as provided in N.H. Rev. Stat. § 676:11-13 and any certificates of occupancy as enacted pursuant to paragraph III, and to perform inspections as may be necessary to assure compliance with the local building code.
(d) 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 III.
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 or remodeled, or undergoes a change or expansion of use, subsequent to the effective date of such requirement.
V. No municipality or local land use board as defined in N.H. Rev. Stat. § 672:7 shall adopt any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. 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 N.H. Rev. Stat. § 674:31 situated in a manufactured housing park as defined in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 674:36, IV, or affect the validity or enforceability of such inclusion.
VI. Notwithstanding paragraph I, 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 to engage 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.