c/o Department of Safety
CHAPTER Bcr 100 ORGANIZATIONAL RULES
Statutory Authority: RSA 155-A:10
PART Bcr 101 PURPOSE
Bcr 101.01 Purpose. The purpose of these rules is to establish
the procedures under which the New Hampshire state building code review shall
operate and the procedures for appeals to the board.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
PART Bcr 102 DEFINITIONS OF TERMS
Bcr 102.01
"Board" means the New Hampshire state building code review
board as established in RSA 155-A:10, I.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
Bcr 102.02
"Commissioner" means the commissioner of the
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
Bcr 102.03
"Department" means the
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
Bcr 102.04
"Person" means "person" as defined in RSA 155-A:1,
V.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
Bcr 102.05 “State
fire marshal” means the state fire marshal of the state of
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
PART Bcr 103 DESCRIPTION
Bcr 103.01 Composition
of Board.
(a) Pursuant to RSA
155-A:10, I, the board consists of the commissioner and 15 members, appointed
by the commissioner for a term specified by law.
(b) The board shall
elect a vice-chair at its annual meeting.
(c) The chair shall preside over all meetings of
the board.
(d) In the absence
of the chair at a meeting of the board,
the vice chair shall preside.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03; ss by #10098, eff 3-12-12
Bcr 103.02 Duties
of the Board.
(a) The
responsibilities of the board include:
(1) Adopting rules to update or change the state
building code for codes described in RSA 155-A:1, IV;
(2) Adopting rules relative to procedures of the
board’s operation and appeals to the board;
(3) Hearing appeals of variances or exceptions to
the state fire code that have been granted or denied by the state fire marshal;
(4) Hearing appeals of decisions of the state
fire marshal in enforcing provisions of the state building code, pursuant to
RSA 155-A:7, 1;
(5) Reviewing and assessing the application of
the state building code and recommending legislation to modify the requirements
of the state building code and the state fire code; and
(6) Reviewing the National Fire Protection
Association building code and its companion manuals, and any other building
codes in order to evaluate whether the state should continue with the
International Building Codes and its manuals, switch to other codes, or adopt a
combination of codes.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
PART Bcr 104 REQUESTS FOR INFORMATION
Bcr 104.01 Requests
for Information.
(a) All requests for
information shall be directed in writing to the board at:
Department of Safety
(b) Public records,
not otherwise declared confidential by law, may be inspected and copied at the
location stated in (a) above during regular business hours.
(c) Persons desiring
copies of public records shall pay the actual cost of the copies, as provided
in RSA 91-A:4, IV.
Source. #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03
New. #8003,
eff 12-12-03
Bcr 105.01 Meetings.
(a)
The board shall meet monthly and at such additional times as shall be
called for by the chairman or by vote of the board.
(b)
The board shall hold an annual meeting in January of each year for the purpose
of electing a vice-chair.
Source. #8003,
eff 12-12-0; ss by #10098, eff 3-12-12
Bcr 105.02 Necessary
Quorum. A quorum shall be required
to meet for the purpose of discussion, receiving information, conducting a hearing,
or taking final board actions, but final board actions shall be taken only by
the affirmative vote of the majority of the board present, and eligible to
participate in the matter in question.
Source. #8003,
eff 12-12-03
Bcr 106.01 Committees.
(a) The board shall
delegate investigatory and other functions within its jurisdiction to
committees consisting of one or more board members when such delegations are necessary
to perform the board's work more efficiently.
(b) Committees shall
make recommendations to the board, but shall not take final action on behalf of
the board.
(c) Committees shall
not retain paid advisors or consultants unless expressly authorized to do so by
the board.
Source. #8003,
eff 12-12-03
APPENDIX
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RULE |
STATUTE IMPLEMENTED |
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Bcr 100 |
RSA 155-a:10, RSA 541-A:16,
I(a) and Chapter 8, Laws of 2002 |
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Bcr 103.01 & 105.01 |
RSA 155-A:10, RSA
541-A:16, I(a) |
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