New Hampshire SB 94: repealing municipal amendments to technical requirements of the state building code in certain circumstances.

Bill Text

SB 94 - AS INTRODUCED

2025 SESSION

 25-1053

 06/11

SENATE BILL 94

AN ACT prohibiting municipal amendments to the state building code.

SPONSORS: Sen. McConkey, Dist 3; Sen. Murphy, Dist 16; Sen. Innis, Dist 7

COMMITTEE: Executive Departments and Administration

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ANALYSIS

 This bill prohibits all local legislative bodies from adopting any new regulations that differ from the state building code.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 25-1053

 06/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT prohibiting municipal amendments to the state building code.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Power to Amend State Building Code and Establish Enforcement Procedures. Amend RSA 674:51, I to read as follows:

 I. The local legislative body [may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional amendments to the state building code for structures in the municipality, providing that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, and provided that each amendment submitted to the building code review board relates to one article or section of that code. The local legislative body may adopt a nationally recognized code not included in, and not inconsistent with, the state building code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board, that is included in the most recent edition of the state building code adopted under RSA 155-A, and the intent of this restriction shall not be avoided by the adoption of local amendments as determined by the building code review board. The local legislative body may also enact a process for the enforcement of the state building code, additional amendments and any additional codes adopted under this paragraph. Local amendments and codes regulated by this paragraph adopted prior to July 1, 2024, and the procedural history of adoption per RSA 155-A:10 shall be submitted for review to the building code review board for review and confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the building code adopted under RSA 155-A. No local amendment shall be enforced if it has not been submitted to the building code review board within 60 days of the effective date of this paragraph. Upon the withholding of confirmation of a submitted local amendment by the state building code review board, the amendment shall not be enforced.] shall not enact, adopt, or implement any new ordinance, rule, or regulation that amends, overrides, deviates from, or differs from the adopted state building code, state energy code, or state fire code established under RSA 155-A and RSA 153. All municipalities shall fully comply with the state codes without further local modification. Existing local amendments to the state building code, energy code, or fire code that were in effect as of July 1, 2025, shall remain valid and enforceable.

 2 New Section; Limitation on Local Amendments. Amend RSA 155-A by inserting after section 2 the following new section:

 155-A:2-a Limitation on New Local Amendments. Municipalities are prohibited from enacting, adopting, or implementing any new local amendments to the state building code, state energy code, or state fire code after July 1, 2025. Local amendments in effect as of July 1, 2025, shall remain valid and enforceable, provided they were adopted according to the procedures established by RSA 155-A and RSA 153.

 3 Grant of Power. 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 additional regulations or amendments provided that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA