RSA 674:52 Adoption of building code by reference.

First adopted by majority vote at Town Meeting March 1960.

Amended: May 1964 April 1967 June 1971 July 1973 March 1974 March 1976 March 1980 March 1981 March 1982 March 1983 March 1986 March 1987 March 1988 March 1989 March 1995 March 1998

Repealed: The following are repealed:

An Act relative to the adoption of a state building code.

AN ACT relative to the adoption of a state building code.

8:1 Findings and Purpose.

1. The general court finds that a multiplicity of construction codes and standards currently exist in this state. The general court further finds that the model codes of the International Building Code 2000, the International Plumbing Code 2000, the International Mechanical Code 2000, the International Energy Conservation Code 2000, and the National Electric Code 2002, are recognized construction codes whose uniform adoption as the state building code pursuant to this act will insure that the state has a uniform, modern construction code which will protect the public health, safety, and welfare.
2. It is the intent and purpose of this act to:

1. Provide requirements for construction consistent with nationally recognized standards;
2. Permit to the fullest extent feasible the use of modern technical methods, devices and improvements, consistent with reasonable requirements for the health, safety, and welfare of occupants or users of buildings and structures; and
3. Insure adequate protection of the public health, safety, and welfare.

8:2 Cities; Reference to State Building Codes. Amend RSA 47:22 to read as follows:

47:22 Grant of Power. The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any [nationally recognized code, rules and regulations to develop good engineering practice or safety that have been printed as a code in book form or such portions thereof by reference thereto in such ordinance] additional regulations provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153; provided, that upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk. All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public.

8:3 New Hampshire Building Code; Construction Standards. RSA 155-A is repealed and reenacted to read as follows:

674: 51 Power to Amend State Building Code and Establish Enforcement Procedures.

1. The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of RSA 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.
2. Any such ordinance adopted under paragraph I by a local legislative body shall be submitted to the state building code review board for informational purposes.
3. The local ordinance or amendment adopted according to the provisions of paragraph I shall include, at a minimum, the following provisions:

1. The date of first enactment of any building code regulations in the municipality and of each subsequent amendment thereto.
2. Provision for the establishment of a building code board of appeals as provided in RSA 673:1, V; 673:3, IV; and 673:5.
3. Provision for the establishment of the position of building inspector as provided in RSA 673:1, V. The building inspector shall have the authority to issue building permits as provided in RSA 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.
4. 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.

4. 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.

8:11 Rulemaking Required. The state building code review board established by this act shall adopt rules under RSA 541-A within 6 months of the effective date of RSA 155-A:2 relative to the operation of the board, the procedure for appeals to the board, and procedures for updating or changing the state building code.

8:12 Repeal. The following are repealed:

1. RSA 205-C:1, XII, relative to the definition of the National Electrical Code.
2. RSA 674:52, relative to local adoption of building codes by reference.
3. RSA 675:9, II, relative to filing exemption for national building codes adopted by reference.

8:13 Effective Date.

1. RSA 155-A:10 as inserted by section 3 of this act shall take effect 30 days after its passage.
2. The remainder of this act shall take effect 180 days after its passage.

(Approved: March 18, 2002)

(Effective Date: I. RSA 155-A:10 as inserted by section 3 of this act shall take effect April 17, 2002.

2. The remainder of this act shall take effect September 14, 2002.)

(Effective Date: I. RSA 155-A:10 as inserted by section 3 of this act shall take effect April 17, 2002.

2. The remainder of this act shall take effect September 14, 2002.)

RSA 155-A:2 State Building Code.

Enacted September 14, 2002

International Building Code 2000

International Plumbing Code 2000

International Mechanical Code 2000

International Energy Conservation Code 2000

National Electric Code 2002 (Amended 1/1/2003)

Local Adoption of Building Codes by Reference.

NH RSA 674:51-a.

Pursuant to RSA 674:51.a.. Local Adoption by Reference.

The Board of Selectman of the Town of Hollis does ordained as follows:

The Town of Hollis, NH adopts the International Residential Code 2003, edition as the

Hollis Residential Building Code for regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two- family dwellings and townhouses in the town of Hollis, NH; providing for the issuance of permits and collection of fees therefore when used with money; repealing the 1995 CABO One & Two Family Dwelling Code of the town of Hollis and all other building codes and parts of the ordinances in conflict therewith.

The Board of Selectman of the Town of Hollis does ordained as follows:

Section 1. That certain documents, three (3) copies of which are on file in the office of the Hollis, Town Clerk and the Hollis Building Department, being marked and designated as the International Residential Building Code and is herby adopted as the Residential Building Code for the Town of Hollis, New Hampshire for regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of one- and two- family dwellings and townhouses not more than three stories in height in the Town of Hollis, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations , provisions, conditions and terms of such International Residential Code, 2003 edition, published by the International Code Council on file in the office of the Hollis Town Clerk are herby referred to, adopted and made part hereof as if fully set out in this ordinance.

Section 2. The following sections are hereby revised:

Section R101.1 Insert: [Town of Hollis, New Hampshire]

Section R102.7 Replace: after ..except as is specifically covered in this code …. delete [the Internationally Property Maintenance Code or the International Fire Code] and replace with [NFPA 101, Life Safety Code].

Section R105.2 Delete: Building: paragraph 1.

Section R108.2 Delete: entire paragraph.

Replace: with [Schedule of Fees, Amendment to Schedule I].

Table R301.2(1) Insert: [Ground Snow 70 psf, Wind Shear 100 mph, Seismic level C, Weathering Severe, frost 48", termite & decay Slight to Moderate, Winter temp –3 F., Flood maps 330091, 0001-1110, 0005B, 0010B].

Part IV, Chapter 11 Remove: Energy Efficiency section – Refer to the current

New Hampshire Residential Energy Code, adopted by the NH Public Utilities Commission.

Part VIII, Chapters 33 thru 39:

Remove entire chapters – Refer to National Electrical Code, current edition adopted by the NH State Electricians Board.

Section 3. That the Town of Hollis Building Code entitled the 1995 CABO One & Two Family Dwelling Code and all other ordinances or parts of ordinances that govern the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of one- and two- family dwellings and townhouses not more than three stories in height in the Town of Hollis, in conflict herewith are hereby repealed.

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Selectmen hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5. That the Hollis Building Inspector is hereby ordered and directed to cause this ordinance to be published and that at least 1 copy of which shall be maintained at the Town Clerks Office and 2 copies at the Hollis Building Department.

Section 6. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect one day from and after the date of its final passage and adoption.