RSA 155-A:10 · State Building Code Review Board

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:

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(a)

One architect licensed in this state for a minimum of 5 years, nominated by the board of architects established in RSA 310-A:29.

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(b)

One structural engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.

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(c)

One mechanical engineer, or fire protection engineer, licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.

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(d)

One electrical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.

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(e)

One representative of the state's municipalities, nominated by the New Hampshire Municipal Association.

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(f)

One municipal building official, nominated by the New Hampshire Building Officials Association.

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(g)

One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.

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(h)

One active fire prevention officer, nominated by the New Hampshire Association of Fire Chiefs.

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(i)

One building contractor, primarily engaged in the business of constructing nonresidential buildings, nominated by the Associated General Contractors of New Hampshire.

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(j)

One building contractor primarily engaged in the business of constructing residential buildings, nominated by the New Hampshire Home Builders Association.

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(k)

One representative from the New Hampshire department of energy, nominated by the commissioner of the department of energy.

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(l)

One master plumber licensed in this state for a minimum of 5 years, nominated by the mechanical licensing board established in RSA 153:27-a.

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(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.

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(n)

One master electrician licensed in this state for a minimum of 5 years, nominated by the electricians' board established in RSA 319-C.

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(o)

One representative of the Committee on Architectural Barrier-Free Design nominated by the governor's commission on disability.

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(p)

One electrical contractor, nominated by Electrical Contractors Business Association.

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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. The term of each alternate member shall be 3 years.

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III.

The board shall be administratively attached to the department of safety under RSA 21-G:10.

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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 relative increase or decrease in cost of such amendments, and to promote public safety and best practices.

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(a)

The board shall review a newer version of a code that has been published for 1 year, 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.

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(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. [Paragraph IV(c) effective until July 1, 2026; see also paragraph IV(c) set out below.]

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(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 time frames shall constitute a confirmation of the municipal amendment. The board's review shall be limited to a confirmation that the local amendment complies with RSA 674:51 or RSA 47:22, and a verification with the state fire marshal that there is no conflict with the fire code. [Paragraph IV(c) effective July 1, 2026; see also paragraph IV(c) set out above.]

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(c)

Municipal ordinances: municipalities shall submit proposed ordinances 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 final proposed ordinances no later than 90 days before final adoption. Towns shall submit final proposed ordinances no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each ordinance. The board shall act to review and confirm proposed municipal ordinances within 90 days of submission for cities, and 45 days for towns. Failure of the board to act within these time frames shall constitute a confirmation of the municipal ordinances. The board's review shall be limited to a confirmation that the local ordinance complies with RSA 155-A:3, and a verification with the state fire marshal that there is no conflict with the fire code. [Paragraph IV(d) effective until July 1, 2026; see also paragraph IV(d) set out below.]

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(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. [Paragraph IV(d) effective July 1, 2026; see also paragraph IV(d) set out above.]

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(d)

Once an ordinance 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.

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(e)

[Repealed.] [Paragraph IV(f) effective until July 1, 2026; see also paragraph IV(f) set out below.]

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(f)

Amendments adopted by municipalities, submitted to the board under the provisions of RSA 674:51, II, and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality. [Paragraph IV(f) effective July 1, 2026; see also paragraph IV(f) set out above.]

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(f)

Ordinances adopted by municipalities, submitted to the board, and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality.

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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.

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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.

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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. Source.Source. 2002, 8:3; 270:4. 2003, 245:3, 4, 6. 2007, 11:1, 2. 2010, 282:3. 2012, 242:15. 2013, 64:1, eff. June 6, 2013; 275:10, eff. July 1, 2013. 2015, 276:197, eff. July 1, 2015. 2018, 181:2, eff. Aug. 7, 2018. 2019, 219:1, 2, eff. Aug. 11, 2019. 2021, 91:221, eff. July 1, 2021. 2022, 242:3, eff. Jan. 1, 2023; 311:11, eff. Jan. 1, 2023 at 12:01 a.m. 2024, 40:6, eff. July 1, 2024; 133:2-4, 7, IV, eff. Sept. 1, 2024. 2025, 276:9, eff. July 1, 2026.

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