TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 155-A
NEW HAMPSHIRE BUILDING CODE

Section 155-A:1

    155-A:1 Definitions. –
In this chapter:
I. "Building" means building as defined and interpreted by the International Code Council's International Building Code 2015, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
II. "County" means the local legislative body of a county in which there are unincorporated towns or unorganized places.
III. "Local enforcement agency" means for a municipality that has adopted enforcement provisions or additional regulations under RSA 674:51 or RSA 47:22, the building inspector, code official, or other local government official qualified and authorized to make inspections and to enforce the laws, ordinances, and rules enacted by the state and by local government that establish standards and requirements applicable to the construction, alteration, or repair of buildings. For the purpose of enforcement of the state fire code for buildings and structures not owned by the state, the local enforcement agency means the municipal fire chief or his or her representative, pursuant to RSA 154:2, II.
IV. "New Hampshire building code" or "state building code" means the adoption by reference of the International Building Code 2015, the International Existing Building Code 2015, the International Plumbing Code 2015, the International Mechanical Code 2015, the International Energy Conservation Code 2015, the International Swimming Pool and Spa Code 2015, and the International Residential Code 2015, as published by the International Code Council, and the National Electrical Code 2017, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10. The provisions of any other national code or model code referred to within a code listed in this definition shall not be included in the state building code unless specifically included in the codes listed in this definition.
IV-a. "New Hampshire fire code" or "state fire code" means the state fire code as defined in RSA 153:1 and as amended by rules adopted pursuant to RSA 153:5.
V. "Person" means any individual or organized group of any kind, including partnerships, corporations, limited liability partnerships, limited liability companies, and other forms of association, as well as federal, state or local instrumentalities, political subdivisions, or officers.
VI. "Structure" means structure as defined and interpreted by the International Code Council's International Building Code 2015, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.

Source. 2002, 8:3. 2003, 245:1. 2006, 112:1. 2007, 187:1-3. 2009, 41:2. 2012, 242:7-10, eff. June 18, 2012. 2014, 314:4, eff. Jan. 1, 2015. 2017, 201:3, eff. Jan. 1, 2018. 2019, 250:1-3, eff. Sept. 15, 2019.

Section 155-A:2

    155-A:2 State Building Code. –
I. All buildings, building components, and structures constructed in New Hampshire shall comply with the state building code and state fire code. The construction, design, structure, maintenance, and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, removal, or demolition of all buildings and structures previously erected shall be governed by the provisions of the state building code.
II. To the extent that there is any conflict between the state building code and the state fire code, the code creating the greater degree of life safety shall take precedence, subject to the review provisions contained in RSA 155-A:10. If the municipal building and fire code officials cannot agree which code creates the greater degree of life safety, the property owner may notify the 2 officials in writing that if agreement is not reached within 2 business days of delivery of said notification, that the decision shall be made by the property owner to comply with either the applicable building code or fire code. Such decision by the property owner after proper notification shall not be grounds for the denial of a certificate of occupancy.
III. To the extent that it does not conflict with any other provision of law, and except as otherwise provided in this paragraph, the issuance of permits and the collection of fees pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts where such activities have been authorized in accordance with RSA 674:51 and RSA 47:22. Pursuant to the state fire marshal's authority to enforce the state building code under RSA 155-A:7, I, the fire marshal may establish for municipalities that do not have a building inspector or other enforcement mechanism authorized in RSA 155-A:4, with approval of the commissioner of safety and by rules adopted under RSA 541-A, fees to defray the cost of issuing building permits in accordance with the state building code. Such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
IV. Except for buildings owned by the state, the community college system of New Hampshire, or the university system, the issuance of permits and certificates of occupancy pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. The state fire marshal shall issue permits, conduct inspections, and issue certificates of occupancy for buildings owned by the state, the community college system of New Hampshire, and the university system. Nothing in this section shall prohibit the state fire marshal from contracting with or authorizing a local enforcement agency or other qualified third party for these services, provided the fees for such services are paid for by the applicant. Any municipality that has adopted an enforcement mechanism under RSA 674:51 alternatively may request the services of the state fire marshal under the state building permit system, including issuance of permits, conducting inspections, and issuance of certificates of occupancy, for buildings or projects owned by the counties, town, cities, or village districts, if a project requires specialized knowledge of the fire marshal or due to staffing limitations of the municipality. Nothing in this section shall require the state fire marshal to accept a project under the state building permit system when requested by a municipality.
V. Counties, towns, cities, and village districts may adopt by ordinance pursuant to RSA 674:51 or RSA 47:22 any additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code.
V-a. Any event tent erected on public or private property shall comply with the applicable provisions of the state building code and state fire code. Notwithstanding paragraph V, counties, towns, cities, and village districts shall not adopt any rule, regulation, or ordinance regarding event tents erected on public or private property in addition to those established in the state building code and state fire code. A building permit shall not be required for a tent of any size erected as an accessory structure on property that is an owner-occupied, one or 2-family dwelling.
V-b. Notwithstanding paragraph V, 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.
VI. For any municipality which has not adopted an enforcement mechanism under RSA 674:51, the contractor of the building, building component, or structure shall notify the state fire marshal concerning the type of construction before construction begins excluding one- and 2-family dwellings. Any municipality that has adopted an enforcement mechanism under RSA 674:51 may contract with a local enforcement agency or a qualified third party for these services as an alternative to establishing the position of building inspector under RSA 674:51, III(c), and such agency or third party shall have the same authority as a building inspector as provided in that section.
VII. The contractor of a building, building component, or structure shall be responsible for meeting the minimum requirements of the state building code and state fire code. No municipality shall be held liable for any failure on the part of a contractor to comply with the provisions of the state building code.
VIII. Nothing in this chapter shall be construed as amending, repealing, or superseding any local law, ordinance, code, or regulation, except local code requirements that are less stringent than the state building code or state fire code, and all buildings, building components, and structures shall comply with all applicable state or local building and fire code requirements, land use restrictions including but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.
IX. Nothing in this chapter shall be construed to permit or encourage the state to initiate or assume an independent role in the administration and enforcement of the New Hampshire building code for a building or structure that is not owned by the state unless otherwise authorized by law.
X. No state agency, authority, board, or commission shall vary, modify, or waive the requirements of the state building code or state fire code, unless approved by the state building code review board pursuant to RSA 155-A relative to the state building code or the state fire marshal pursuant to RSA 153:8-a, I(c) for the state fire code. Nothing in this chapter shall affect the statutory authority of the commissioner of labor, the state board for the licensing and regulation of plumbers, or the state electricians' board to administer their respective programs, provided that any changes to codes proposed under the rulemaking authority of these agencies shall not be enforced until approved by the state building code review board.
XI. Notwithstanding the inclusion of the National Electrical Code 2017 in the state building code under RSA 155-A:1, IV, the amended provisions of section 210.12 of the National Electrical Code, which modify the National Electrical Code 2014 version to add arc-fault circuit interrupter requirements for dormitory unit devices and bathrooms, guest rooms and guest suites, and branch circuit extensions or modifications for dormitory units shall not be enforced under the state building code or this chapter.

Source. 2002, 8:3. 2003, 245:2. 2009, 175:1. 2010, 326:2. 2012, 242:11, eff. June 18, 2012. 2017, 201:6, eff. Sept. 3, 2017. 2018, 39:1, eff. Jan. 1, 2019. 2020, 37:85, eff. July 29, 2020. 2021, 224:2, Pt. II, Sec. 1, eff. Oct. 23, 2021.

Section 155-A:3

    155-A:3 Local Amendments; Application. –
For a municipality which has adopted an enforcement mechanism or additional regulations to the state building code pursuant to RSA 674:51:
I. The municipality may adopt local amendments to the state building code which do not prohibit minimum implementation and enforcement of the state building code.
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.

Source. 2002, 8:3. 2012, 242:12, eff. June 18, 2012.

Section 155-A:3-a

    155-A:3-a Code Requirements; Biomass Burning Boilers. –
I. Notwithstanding any provisions of the state building code or state fire code, the board shall adopt a code and amendments thereto which shall regulate the installation and operation of biomass burning boilers. The code adopted shall include the 1999 EN 303-5 standard established by the European Committee for Standardization, and shall include requirements for the safe installation, operation, and repair of such boilers, and for data plates and warning labels written in English, limits on temperature and pressure with associated relief valves, and the filing of construction and emissions specifications written in English.
II. The inspection procedures and enforcement requirements for the commissioner of labor in RSA 157-A shall apply to boilers installed according to the code and amendments adopted by the board under this section.
III. The code and amendments thereto adopted under paragraph I shall be ratified by appropriate legislation within 2 years of their adoption. If such code and amendments are not ratified, then the code and amendments shall expire at the end of the 2-year period.

Source. 2010, 326:1, eff. Sept. 18, 2010.

Section 155-A:3-b

    155-A:3-b Code Requirements; Log Structures. –
I. Notwithstanding any provisions of the state building code or state fire code, the state building code review board shall adopt amendments to the state building code regulating the design and construction of log structures. The adopted amendments shall include ICC 400 Standard on the Design and Construction of Log Structures.
II. The amendments adopted under paragraph I shall be ratified by appropriate legislation within 2 years of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the 2-year period.

Source. 2012, 189:1, eff. June 11, 2012.

Section 155-A:3-c

    155-A:3-c Installation of Arc-Fault Circuit Interrupters (AFCI); Exception. –
I. Notwithstanding any provision of the state building code or state fire code requiring the installation of arc-fault circuit interrupters, after repeated tripping of an AFCI device and determination the branch circuit is not causing the AFCI to trip, an AFCI device may be replaced with one without AFCI protection in accordance with this section.
II. All receptacle outlets supplied by the branch circuit without AFCI protection shall prior to occupancy either be:
(a) Marked "No AFCI Protection;" or
(b) Identified in a notice given by the property owner to all occupants.
III. If an electrician installs a device without AFCI protection, within 5 working days the electrician shall file an AFCI unwanted tripping report with the National Electrical Manufacturers Association on the association's webpage for arc fault breaker safety, and shall submit a copy of the report to the property owner and the electricians' board.
IV. The device without AFCI protection shall be permitted to remain in place for the period of time it takes for the manufacturer to resolve the matter.
V. Nothing in this section shall prevent a homeowner from making electrical installations in or about a single family residence owned and occupied by him or her or to be occupied by him or her as his or her bona fide personal abode.

Source. 2017, 157:1, eff. June 28, 2017.

Section 155-A:4

    155-A:4 Permit Required. –
I. Before starting new construction or renovation of buildings and structures as described in RSA 155-A:2, I, the person responsible for such construction shall obtain a permit.
II. In municipalities that have adopted an enforcement mechanism pursuant to RSA 674:51 and RSA 47:22, the permit under this section shall conform to the locally adopted process. No permit shall be issued that would not result in compliance with the state building code and state fire code.
III. For buildings and structures owned by the state, the community college system of New Hampshire, or the university system, the person responsible for such activities shall obtain a permit from the state fire marshal. Before issuing the permit, the state fire marshal shall give due consideration to any written recommendations of the municipal fire chief, building official, or designee in the community where the state building is located.

Source. 2002, 8:3. 2012, 242:13, eff. June 18, 2012.

Section 155-A:5

    155-A:5 Accessibility Standards for Public Buildings; Purpose and Intent. – The requirements of this section and RSA 155-A:5-a and RSA 155-A:5-b are intended to establish a system of certification and enforcement for the accessibility standards in the state building code for public buildings. For purposes of this section, public building means any building that is regulated by the accessibility standards contained in the state building code. This section is not intended to enlarge upon or expand any substantive standard of the state building code. This section is intended to apply solely to the new construction, addition, or alteration of a public building that is commenced on or after July 1, 2010 and only to the extent that the new construction, addition, or alteration is regulated by the accessibility standards in the state building code.

Source. 2002, 8:3. 2009, 285:1, eff. Jan. 1, 2010.

Section 155-A:5-a

    155-A:5-a Accessibility Standards for Public Buildings. –
I. The new construction, addition, or alteration of a public building as described in RSA 155-A:5 and as governed under RSA 155-A:2, I shall be subject to the requirements of this section and RSA 155-A:5-b.
II. Except as provided in paragraph III, the contractor shall obtain and submit to the owner of the public building a written certification from a person qualified under RSA 155-A:5-b that:
(a) The design drawings or construction drawings for the proposed new construction, addition, or alteration meets the accessibility standards of the state building code; and
(b) Upon the completion and after inspection, the new construction, addition, or alteration meets the accessibility standards of the state building code.
III. The requirements of paragraph II shall not apply to a public building for which the review of design drawings or construction drawings and inspection of completed work is performed by a municipal building inspector who:
(a) Satisfies the qualifications under RSA 155-A:5-b;
(b) Examines the design drawings or construction drawings prior to the commencement of work and inspects the building upon completion of work for compliance with the accessibility standards in the state building code; and
(c) Provides the governing body of the municipality with a written certification that the design and construction of the building upon completion of work comply with the accessibility standards of the state building code.
IV. Nothing in this section shall be construed as requiring municipalities to inspect and certify public buildings for compliance with accessibility standards. Public buildings located in a municipality that has chosen to authorize its municipal building inspector to inspect and certify shall remain subject to all other provisions of this section.
V. In addition to other enforcement authority granted in this chapter, the protection and advocacy system for New Hampshire, as designated by the governor pursuant to 42 U.S.C. section 15043, shall have standing to enforce the accessibility standards required by this section. If the protection and advocacy system determines that probable cause exists that a public building violates the accessibility certification or inspection requirements of this section, it shall issue a letter to the owner of the building specifically identifying the deficiencies and requesting that the building be brought into compliance. The owner shall have 30 days to respond to the letter and 270 days to bring the building into compliance. If the owner does not respond, does not agree that there are some or all of the deficiencies asserted, or does not agree to bring the building into compliance within the specified time periods, or any other dispute remains as to compliance, either the owner or the protection and advocacy system may file an action in the superior court to determine compliance with this section. The protection and advocacy system may bring the action in its name or in the name of any individual with a physical impairment who is adversely affected by the alleged failure to adhere to the accessibility standards of the state building code, or both. If it is determined by the superior court that the building is not in compliance with the accessibility standards in the state building code, the court shall order that the responsible party bring the building into compliance. The court may award reasonable attorney's fees and costs to the prevailing party. For purposes of this section, a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.
VI. Any individual with a physical impairment who is adversely affected by the failure to adhere to the requirements of this section shall have a private right of action against the owner pursuant to the procedure established in paragraph V, including the right to court costs and reasonable attorney's fees as the prevailing party.
VII. Any owner of a public building or contractor who is found by a preponderance of the evidence in a proceeding under this section to have knowingly violated the accessibility standards of the state building code shall be subject to a civil penalty. The penalties shall be the same as those established by RSA 155-A:8. All civil penalties shall be deposited into the general fund. The party bringing the action shall be entitled to reasonable attorney's fees and costs if it is determined by the court to be the prevailing party.

Source. 2009, 285:2. 2012, 197:1, eff. Aug. 12, 2012.

Section 155-A:5-b

    155-A:5-b Accessibility Certifiers and Inspectors; Penalty. –
I. New Hampshire licensed architects, professional engineers, certified building officials, and master code officials may certify building plans and/or inspect public buildings for compliance with the accessibility standards in RSA 155-A:5 and RSA 155-A:5-a without further examination. Any other person engaged in the business of certifying building plans and/or inspecting public buildings for compliance with accessibility standards required by RSA 155-A:5 and RSA 155-A:5-a shall successfully pass an International Code Council examination that covers the accessibility standards contained in the state building code prior to certifying that a building complies with RSA 155-A:5 and RSA 155-A:5-a. All accessibility certifiers and inspectors shall complete 2 hours of continuing education related to accessibility codes every 3 years and be able to produce proof of continuing education upon request.
II. Whoever falsely claims to be certified under this section through advertising, signage, or other written or oral representation shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.

Source. 2009, 285:2, eff. Jan. 1, 2010.

Section 155-A:6

    155-A:6 Repealed by 2012, 242:22, eff. June 18, 2012. –

Section 155-A:7

    155-A:7 Enforcement Authority. –
I. The local enforcement agency appointed pursuant to RSA 674:51 or RSA 47:22 shall have the authority to enforce the provisions of the state building code and the local fire chief shall have the authority to enforce the provisions of the state fire code, provided that where there is no local enforcement agency or contract with a qualified third party pursuant to RSA 155-A:2, VI, the state fire marshal or the state fire marshal's designee may enforce the provisions of the state building code and the state fire code, subject to the review provisions in RSA 155-A:10, upon written request of the municipality.
II. Upon the request of a local enforcement agency, state agencies, boards, and commissions may provide advisory services and technical assistance concerning any building or any construction project in the local enforcement agent's jurisdiction.
III. The local enforcement agency appointed to enforce the state building code shall have the authority to inspect all buildings, structures, construction sites, and other places in the jurisdiction. If consent for such inspection is denied or not reasonably obtainable, the local enforcement agency may obtain an administrative inspection warrant under RSA 595-B.
IV. All local enforcement agencies and selectmen and the state fire marshal in those communities without a local enforcement agency shall provide information on the local and state appeals process when issuing a building permit or notice of violation.
V. Any notice of violation issued by an enforcement authority as described in paragraph I shall include the relevant section of the state or local building or fire code.

Source. 2002, 8:3. 2012, 225:1, eff. Aug. 14, 2012; 242:14, eff. June 18, 2012. 2019, 48:2, eff. Aug. 4, 2019.

Section 155-A:8

    155-A:8 Penalty. – Fines, penalties, and remedies for violations of this chapter shall be the same as for violations of title LXIV, as stated in RSA 676:15 and 676:17.

Source. 2002, 8:3, eff. Sept. 14, 2002.

Section 155-A:9

    155-A:9 Fees. – The municipality may establish fees to defray the costs of administration, implementation, and enforcement of the state building code and any local amendments. Such fees shall be for the general use of the municipality having responsibility over the local enforcement agency.

Source. 2002, 8:3, eff. Sept. 14, 2002.

Section 155-A:10

    155-A:10 State Building Code Review Board. –
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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 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 may recommend adoption of a newer version of a code that has been published for at least 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 the recommended legislation.
(b) Amendments to the codes 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) 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.
(d) Amendments adopted by municipalities shall be published by the board.
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.

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.

Section 155-A:10-a

    155-A:10-a Energy Code Compliance Form. – The state building code review board shall prescribe by rule and make available to the public, in electronic formats, a simplified residential energy code compliance form based upon the energy provisions in the International Residential Code and the International Energy Conservation Code identified in RSA 155-A:1. The correctly completed form shall be accepted by all code enforcement authorities within the state of New Hampshire as one method of verification that the applicable project meets the code requirements. Completed compliance forms shall be submitted to the building official in those municipalities that have adopted an enforcement mechanism under RSA 674:51. For municipalities without an adopted code enforcement mechanism, completed compliance forms shall be submitted to the New Hampshire department of energy, on behalf of the building code review board, for verification that the applicable project meets the code requirements. The department of energy shall then forward the reviewed compliance forms to the municipality for retention in property records.

Source. 2018, 181:1, eff. Aug. 7, 2018. 2021, 91:224, eff. July 1, 2021.

Section 155-A:11

    155-A:11 Appeals of Decisions of the State Fire Marshal. –
I. Any person aggrieved by a decision of the state fire marshal relative to the application and enforcement of the state building code pursuant to RSA 153:8-a, I(a), or the state fire code, may appeal the decision to the board.
II. The board shall hold a hearing within 40 days of receipt of a complaint, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of a hearing.

Source. 2002, 8:3. 2012, 242:16, eff. June 18, 2012.

Section 155-A:11-a

    155-A:11-a Appeal of Decisions of the Electricians' Board and the Board of Home Inspectors. –
I. The board shall hear appeals of final decisions of the board established under RSA 319-C:4 and the board established under RSA 310-A:186.
II. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of the hearing.

Source. 2004, 257:55. 2008, 339:3. 2013, 275:11, eff. July 1, 2013.

Section 155-A:11-b

    155-A:11-b Appeal of Decisions of Local Building Code Board of Appeals. –
I. The board shall hear appeals of final decisions of any local building code board of appeals established under RSA 674.
II. An application for 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 an alternative construction is proposed. The board shall not have authority to waive or grant variances to requirements of the code.
III. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties, and shall render a decision within 30 days of the conclusion of the hearing.

Source. 2019, 219:4, eff. Aug. 11, 2019.

Section 155-A:12

    155-A:12 Appeal From Board's Decision. –
I. A party to the proceeding shall have the right to file a petition in the superior court of the county in which the building or structure is located to review the final order of the board within 30 days of the date of the final order.
II. At the earliest practical time, the court shall review the record as developed before the board, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the court may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the superior court. The burden of proof shall be on the appellant to show that the decision of the board was clearly unreasonable or unlawful.
III. No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the superior court shall remand the case to the board to receive and consider such additional evidence.

Source. 2002, 8:3, eff. Sept. 14, 2002.

Section 155-A:13

    155-A:13 Building Requirements for State Funded Buildings. –
I. Any new construction, reconstruction, alteration, or maintenance in any state owned building, plant, fixture, or facility, meeting the definition of "project" in RSA 21-I:78, considered a major project under RSA 21-I:80, and constructed using any state funding, shall meet a high performance, energy efficient, sustainable design standard determined by the commissioners of the department of environmental services and the department of administrative services, in consultation with the division of historic resources and the community college system, that shows the building or structure can recoup the incremental costs of implementing the requirements of this section as measured by reduced energy costs over a 10-year period of time.
II. The following construction or renovation projects shall be exempt from the requirements of paragraphs I:
(a) A building or structure that is less than 25,000 square feet.
(b) A building or structure that does not consume energy for heating, ventilating, or air conditioning.
(c) A renovation or modification that is estimated to cost less than $1,000,000.
(d) Temporary structures.
(e) Public school facilities that are subject to RSA 198:15-c.
(f) The university system of New Hampshire.
(g) Projects employing new, innovative, or experimental energy efficient technology that may not recoup their incremental costs within 10 years, as may be determined by the commissioner of the department of administrative services to be in the best interest of the state.

Source. 2010, 347:1, eff. July 1, 2011.