"Local enforcement agency" means for a municipality that has adopted enforcement provisions or additional regulations under RSA 674:51 or RSA [47:22] 155-A:3-d through 3-n, the building inspector, code official, or other local government official qualified and authorized to make HB 244 - AS INTRODUCED - Page 2 - 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, [thelocal] the local enforcement [agencymeans] agency means the municipal fire chief or his or her representative, pursuant to RSA 154:2, II.

5 New Paragraph;

Building Code Definitions.

Amend RSA 155-A:1 by inserting after paragraph VI the following new paragraphs:

VII.

"District commissioners" means the board of commissioners of a village district or precinct.

VIII.

"Local governing body" means, in addition to any other appropriate title:

(a) Board of selectmen in a town;

(b) City council or board of aldermen in a city;

(c) Village district commissioners in a village district;

or (d) County commissioners in a county in which there are located unincorporated towns or unorganized places.

IX.

"Local legislative body" means one of the following basic forms of government utilized by a municipality:

(a) Council, whether city or town;

(b) Mayor-council;

(c) Mayor-board of aldermen;

(d) Village district or precinct;

(e) Town meeting;

or (f) County convention.

X.

"Mayor" means the chief executive officer of the municipality, whether the official designation of the office is mayor of a city, city or town manager, the board of selectmen of a town, the board of commissioners of a village district, the county commissioners of a county in which there are located unincorporated towns or unorganized places, or any other title or any official designated in the municipal charter to perform the duties of "mayor." XI.

"Municipality" or "municipal" means, includes and relates to cities, towns, village districts, and counties in which there are located unincorporated towns or unorganized places.

XII.

"Selectmen" means the board of selectmen of a town and the county commissioners of a county in which there are located unincorporated towns or unorganized places.

6 State Building Code.

Amend RSA 155-A:2, III to read as follows:

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] 155-A:3-d and 3-e and RSA HB 244 - AS INTRODUCED - Page 3 - [47:22] 155-A:3-h through 3-j.

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.

7 State Building Code.

Amend RSA 155-A:2, VI to read as follows:

VI.

For any municipality which has not adopted an enforcement mechanism under RSA [674:51] 155-A:3-d, 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] 155-A:3-d 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)] 155-A:3-f, and such agency or third party shall have the same authority as a building inspector as provided in that section.

8 New Sections;

Building Code Enforcement.

Amend RSA 155-A by inserting after section 3-c the following new sections:

155-A:3-d Building Code Enforcement Mechanism.

The local legislative bodybody, mayas enactdefined ain process,RSA pursuant[672:8] to155-A:1, thisIX, chapter,is forhereby theempowered enforcement of the state building code and anyauthorized additionalto regulationsestablish thereto, and the provisions of a nationallylocal recognizedenforcement codeagency, thatas aredefined not included in andRSA are155-A:1, notIII, inconsistentto withenforce the state building code.code adopted under RSA 155-A.

II.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 thesame 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:1, IV.

Any6 suchLocal ordinanceAmendments; enacted or adopted under this section by a local legislative body after January 1, 2023 shall not be enforced unless confirmed by the building code review board pursuant to RSA 155-A:10, IV(c).

TheApplication. procedural history of local adoption relating to published notice, public hearing, and vote of approval shall be submitted to the board within 30 days of enactment or adoption and prior to enforcement.

III.Amend RSA 155-A:3, III(b)-(d) to read as follows:

The(b) localProvision ordinancefor orthe amendmentestablishment adoptedof accordinga tobuilding thecode provisionsboard underof thisappeals sectionas shallprovided include,in atRSA a[673:1, minimum,V; the following:

(a)673:3, TheIV; date of first enactment of any building code regulations in the municipality and of each subsequent amendment thereto.

(b)and A673:5] provision155-A:3-d. for the establishment of a building code board of appeals as provided in RSA 155-A:3-g.

If(c) noProvision provisionfor isthe madeestablishment to establish a separate building code board of appeals, the ordinanceposition shall designate the zoning board of adjustmentbuilding toofficial act as theprovided buildingin codeRSA board[673:1] of155-A:3, appeals.III(d).

If(d) thereThe isbuilding noofficial zoning board of adjustment, the board of selectmen shall servehave as the buildingauthority codeto: board of appeals.

HB(1) 244Accept -and ASreview INTRODUCEDappropriate -[design] Pageconstruction 4documents; - (c) A provision for the establishment of the position of building inspector as provided in RSA 155-A:3-f.

Additionally,(2) theIssue building inspector shall have the authority to issue building permits andas anyprovided certificatesin ofRSA occupancy[676:11-13] as155-A:4; enacted;

to(3) performPerform inspections as may be necessary to ensureassure compliance with the localstate building code;

and,and the(4) localIssue legislativeany bodycertificates mayof fixoccupancy theas compensationenacted forpursuant anyto inspectorparagraph whoIV. is so appointed.

(d)Amend ARSA schedule155-A:3-i, ofI fees,as orinserted aby provisionsection authorizing9 of the governingbill bodyby toreplacing establishit fees,with tothe befollowing: charged for building permits, inspections, and for any certificate of occupancy as provided under this section.

IV.Committee of Conference Report on HB 244 - Page 2 - I.

TheNotice regulationsshall adoptedbe pursuantgiven under this section may include a requirement for a certificate of occupancy to be issued prior to the usetime orand occupancyplace of anyeach buildingpublic orhearing structureheld thatunder isRSA erected155- orA:3-f remodeled,through or3-h undergoesat aleast change10 orcalendar expansiondays ofbefore use, subsequent to the effectivehearing. date of such requirement.

V.

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.

155-A:3-e Building Code.

I.

The state building code established in RSA 155-A shall be effective in all towns and cities in the state and shall be enforced as provided in RSA 155-A:7.

II.

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.

III.

The issuance of permits and the collection of fees pursuant to RSA 155-A:2, III and issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV shall not be considered amendments to the building code.

IV.

No municipality shall adopt any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes.

V.

Notwithstanding any provision of law to the contrary, no municipality shall enforce any existing ordinance, regulation, code, or administrative practice requiring the installation or use of automatic fire suppression sprinklers in any manufactured housing unit as defined in RSA 674:31 situated in a manufactured housing park as defined in RSA 205-A:1, II.

Nothing in this paragraph shall affect the ability of an applicant for a local land use permit to include the installation of fire suppression sprinklers pursuant to RSA 674:36, VI, or affect the validity or enforceability of such inclusion.

HB 244 - AS INTRODUCED - Page 5 - VI.

Notwithstanding paragraph I, 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.

155-A:3-f Building Inspector Duties and Responsibilities.

I.

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.

II.

After a municipality has adopted a building code enforcement mechanism, any person who intends to erect or remodel any building in the municipality shall submit the plans to the building inspector for the building inspector's examination and approval prior to commencement of the planned construction.

III.

No building permit shall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to the municipality by a bond or other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV;

provided, however, that on land which is part of a subdivision plat or site plan, no building shall be used or occupied prior to the completion of required streets and utilities, except upon such terms as the planning board may have authorized as part of its decision approving the plat or site plan.

IV.

The building inspector shall not issue any building or occupancy permit for any proposed construction, remodeling, or maintenance which will not comply with any or all zoning ordinances, building codes, or planning board regulations which are in effect.

V.

No building permit shall be issued when prohibited under the provisions of RSAs 674:12, 674:13, 674:21, 674:22, 674:23, 674:41, 674:53, 674:75, 676:8, or 676:9.

VI.

The building inspector shall comply with RSA 674:30 and RSA 676:66, if applicable.

VII.

If any building inspector is prosecuted for violation of RSA 643:1 and found guilty of issuing any permit contrary to the provisions of this section, it shall be prima facie evidence that the building inspector has knowingly refrained from performing a duty imposed on the building inspector by law.

VIII.

The building inspector shall adopt a form or set of standards specifying the minimum contents of a completed application for any building permit.

Upon the submission of a completed application, the building inspector shall act to approve or deny a building permit within 30 days;

HB 244 - AS INTRODUCED - Page 6 - provided, however, that nonresidential applications or residential applications encompassing more than 10 dwelling units shall be approved or denied within 60 days.

IX.

The time for the building inspector to act upon building permits for collocation applications and modification applications for personal wireless service facilities shall be governed by RSA 12-K:10.

In the event that the form or set of standards for a building permit application conflicts with any of the limitations under RSA 12-K:11 for a collocation application or a modification application for a personal wireless service facility, the limitations in RSA 12-K:11 shall control.

X.

The building inspector shall have the authority to order occupants to vacate a building, structure, or other premises if the inspector determines, based on reasonable information and belief, that there is imminent danger of failure or collapse, or the condition of such premises otherwise constitutes a clear and imminent danger to the life or safety of occupants or other persons and that protection of life or safety requires vacating the premises.

Such an order shall be subject to the procedures of RSA 147:16-a, which shall supersede inconsistent provisions contained in any local code or code adopted by reference.

XI.

The provisions of paragraph I shall not apply to a residence which is occupied by the owner and his or her immediate family, unless the condition of such premises constitutes a clear and imminent danger to the life or health of persons other than the occupant or occupants.

155-A:3-g Building Code Board of Appeals.

I.

The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in RSA 155-A:1.

An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed.

The board shall have no authority to waive requirements of the state building code or the state fire code.

II.

Appeals of decisions of any local building code board of appeals shall be made within 30 days of the board's decision to the state building code review board as outlined under RSA 155-A:10, IV(c).

III.

The building code board of appeals shall consist of 3 or 5 members who shall be appointed in a manner prescribed by the local legislative body;

provided, however, that an elected zoning board of adjustment may act as the building code board of appeals.

Each member of the board shall be a resident of the municipality in order to be appointed.

IV.

The term of an appointed building code board of appeals member shall be 3 years.

The initial terms of members first appointed or elected to any building code board of appeals shall be staggered so that no more than one appointment occurs annually in the case of a 3 member board and no more than 2 appointments or elections occur annually in the case of a 5 member board, except when required to fill vacancies.

HB 244 - AS INTRODUCED - Page 7 - V.

The term of office for an appointed building code board of appeals member shall begin on a date established by the appointing authority, or as soon thereafter as the member is qualified, and shall end 3 years after the date so established.

If no successor has been appointed and qualified at the expiration of an appointed member's term, the member shall be entitled to remain in office until a successor has been appointed and qualified.

VI.

The local legislative body may provide for the appointment of not more than 5 alternate members to any appointed building code board of appeals, who shall be appointed by the appointing authority.

The terms of alternate members shall be 3 years.

VII.

Each building code board of appeals shall elect its chairperson from the appointed or elected members and may create other offices as it deems necessary.

VIII.

The term of every officer and chairperson elected by a building code board of appeals shall be one year.

Both the chairperson and officers shall be eligible for reelection.

IX.

Meetings of the building code board of appeals shall be held at the call of the chairperson and at such other times as the board may determine.

X.

A majority of the membership of a building code board of appeals shall constitute the quorum necessary in order to transact business at any meeting of a building code board of appeals.

XI.

Designation of Alternate Members.

Whenever a regular member of a building code board of appeals is absent or whenever a regular member disqualifies himself or herself, and an alternate member is present, the chairperson shall designate an alternate to act in the absent member's place.

XII.

Filling Vacancies in Membership.

Vacancies in the membership of a building code board of appeals occurring other than through the expiration of a term of office shall be filled by the original appointing authority for the unexpired term.

The chairperson of the building code board of appeals may designate an alternate member of the board to fill the vacancy temporarily until the vacancy is filled.

XIII.

After public hearing, appointed members and alternate members of an appointed building code board of appeals may be removed by the appointing authority upon written findings of inefficiency, neglect of duty, or malfeasance in office.

XIV.

The appointing authority or the building code board of appeals shall file with the city or town clerk, the village district clerk, or the clerk for the county commissioners, whichever is appropriate, a written statement of reasons for removal under this section.

XV.

No member of a building code board of appeals shall participate in deciding or shall sit upon the hearing of any question which the board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens.

XVI.

Each building code board of appeals may appoint such employees as it deems necessary for its work who shall be subject to the same employment rules as other corresponding civil HB 244 - AS INTRODUCED - Page 8 - employees of the municipality.

Each board may also contract with planners, engineers, architects, and other consultants for such services as it may require.

The expenditures of the board, exclusive of gifts, reimbursements, or amounts held pursuant to subparagraph (2), shall be within the amounts appropriated for the purpose by the local legislative body, which may provide such funds, equipment, and accommodations as it deems necessary or advisable for the board's work.

Each board may accept and use gifts, grants, or contributions for the exercise of its functions, in accordance with procedures established for the expenditure of funds within the municipality.

XVII.

Any fee which a building code board of appeals, acting pursuant to this title, collects from an applicant to cover an expense lawfully imposed upon that applicant, including but not limited to the expense of notice, the expense of consultant services or investigative studies under RSA 676:4, I(g) or RSA 676:5, IV, or the implementation of conditions lawfully imposed as part of a conditional approval, may be paid out toward that expense without approval of the local legislative body.

This paragraph shall not apply to application, permit, or inspection fees which have been set by the local legislative body as part of an ordinance, or by the selectmen under RSA 41:9-a.

Notwithstanding RSA 672:7, a building inspector shall not be considered a "building code board of appeals" for purposes of this section.

Such fees shall:

(a) Be placed in the custody of the municipal treasurer whenever held by the municipality, subject to the same investment limitations as for other municipal funds;

(b) Be paid out only for the purpose for which the expense was imposed upon the applicant;

(c) Be held in a separate, nonlapsing account, and not commingled with other municipal funds;

provided, however, that such fees may be used to reimburse any account from which an amount has been paid out in anticipation of the receipt of said fees;

and, (d) Be paid out by the municipal treasurer only upon order of the building code board of appeals or its designated agent for such purpose.

XVIII.

Any fee which a city or town imposes on an applicant pursuant to this title shall be published in a location accessible to the public during normal business hours.

Any fee not published in accordance with this section at the time an applicant submits an application shall be considered waived for purposes of that application.

A city or town may comply with the requirements of this section by publicly posting a list of fees at the city or town hall or by publishing a list of fees on the city or town's Internet website.

XIX.

Each building code board of appeals shall hold its meetings and maintain its records in accordance with RSA 91-A.

XX.

Whenever a building code is repealed, the records of the building code board of appeals shall be transferred to the planning board.

XXI.

Every building code board of appeals, and every zoning board of adjustment acting as a building code board of appeals, shall adopt rules of procedure concerning the method of conducting HB 244 - AS INTRODUCED - Page 9 - its business.

Rules of procedure shall be adopted at a regular meeting of the board and shall be placed on file with city, town, village district clerk, or clerk for the county commissioners for public inspection.

The rules of procedure shall include when and how an alternate may participate in meetings of the building code board of appeals.

XXII.

Anyone affected by a decision made by the building inspector can appeal to the board of adjustment.

To do this, the person affected must file an appeal within a reasonable time, in compliance with the board’s rules, by submitting a notice of appeal to both the inspector who made the decision and the board, explaining the reasons for the appeal.

The inspector shall send all related documents to the board within a reasonable time.

XXIII.

The building code appeals board may impose reasonable fees to cover its administrative expenses and costs of special investigative studies, review of documents, and other matters which may be required by particular appeals or applications.

XXIV.

The effect of an appeal to the board is to maintain the current state of affairs.

An appeal against the issuance of any permit or certificate will suspend the permit or certificate, and no related construction, alteration, or change of use may begin.

An appeal against any order or enforcement action will halt all related proceedings unless the building inspector, after receiving the notice of appeal, certifies to the building code board of appeals that a stay would, in their opinion, cause imminent danger to life, health, safety, property, or the environment.

In such cases, proceedings will only be stayed by a restraining order granted by the board or the superior court, upon notice to the building inspector and for good cause shown.

XXV.

The building code board of appeals shall issue a final written decision and provide a copy to the applicant.

This decision shall include specific written findings of fact that substantiate the decision.

Should the board fail to provide these specific written findings in the case of a disapproval, it shall be grounds for automatic reversal and remand by the superior court upon appeal, unless the court identifies other factors justifying the disapproval.

If the appeal is denied, the board shall furnish the applicant with written reasons for the disapproval.

If the appeal is approved with conditions, the board shall include a detailed description of all conditions necessary for final approval in the written decision.

XXVI.

Whenever the building code appeals board votes to approve or disapprove an appeal or deny a motion for rehearing, the minutes of the meeting, including the written decision with reasons and all conditions of approval, shall be filed with the town clerk.

These documents shall be made available for public inspection within 5 business days of the vote.

155-A:3-h Method of Enactment in Cities Operating Under the Board of Mayor and Aldermen, or the Corresponding Governmental Body Form of Government.

I.

The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized to pass and adopt ordinances establishing and amending building codes.

Upon adoption of such an ordinance, wherein codes, rules, and regulations or portions thereof HB 244 - AS INTRODUCED - Page 10 - are incorporated by reference, 3 copies of these codes, rules, and regulations shall be filed in the main office of the municipal department or agency administering them, and 3 copies shall be filed in the office of the city clerk.

All copies filed as provided herein shall be available for public use and examination.

II.

Any ordinance may be amended or supplemented in a similar manner, provided that 3 copies of the amended or supplemented ordinance are filed with the office of the building inspector and 3 copies are filed with the office of the city clerk for public use and examination.

III.

The provisions of RSA 155-A:3-d shall not be interpreted to allow the adoption by reference of penalty clauses included in any nationally recognized codes, rules, or regulations.

The city councils shall have the authority to impose penalties deemed necessary, not exceeding $1,000, for any violations of such ordinances.

IV.

At least 30 days prior to the adoption of any ordinance or any amendment or supplement thereto, no fewer than 3 copies of the referenced code or regulation shall be filed in the office of the building inspector, and 3 copies in the office of the city clerk for public use and examination.

V.

No ordinance or amendments or supplements thereto, as previously set forth, shall become effective or be altered until after a public hearing.

At the hearing, interested parties and citizens shall have the opportunity to be heard.

Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the state at least 15 days before the hearing.

155-A:3-i Method of Enactment in Cities and Towns Operating Under Town Council Form of Government.

I.

In cities or towns operating under the town council form of government, and in counties with unincorporated towns or unorganized places, the local legislative body shall determine the manner in which a building code is established and amended.

However, any question concerning the establishment and amendment of a building code may be placed on a ballot separate from the ballot used to elect city or town officers.

All proposed amendments to a building code shall be forwarded to the town clerk no later than the fifth Tuesday prior to the date for electing city or town officers.

II.

No building code shall be established or amended until after a public hearing is held in accordance with the procedures required under RSA 675:7 on the proposed building code or amendment.

155-A:3-j Method of Enactment in Certain Towns and Village Districts.

I.

Any town not operating under the town council form of government, or any village district which is specifically authorized by law to enact a building code, shall establish and amend a building code upon the affirmative vote by ballot of a majority of the legal voters present and voting on the day of the meeting, as provided in subparagraph (7).

II.

No building code shall be established or amended at a town or village district meeting until after the local governing body holds at least one public hearing on the proposed code or HB 244 - AS INTRODUCED - Page 11 - amendment.

Notice for the time and place of each public hearing shall be the same as that provided in RSA 675:7.

III.

After the public hearing the local governing body shall, by vote, determine the final form of the ordinance, amendment, or amendments to be presented to the town or village district, which ordinance or amendment may include editorial revisions and textual modifications resulting from the proceedings of that hearing.

IV.

An additional public hearing shall be held if the proposal is substantively altered after public hearing.

Subsequent public hearings shall be held at least 14 days after the prior public hearing and with the notice provided in RSA 675:7.

V.

Official copies of the final proposal to adopt or amend the building code shall be placed on file and made available to the public at the town or village clerk's office not later than the fifth Tuesday prior to the date when action is to be taken.

An official copy of the proposal shall be on display for the voters at the meeting place on the date of the meeting.

VI.

Each village district must be specifically authorized to code by the legislature.

VII.

If the town or village district has adopted an official ballot for the election of its respective officers, the issue as to the adoption of the proposed building code or amendment shall be presented to the voters of the town or village district by having the town or village district clerk prepare an official ballot separate from the official ballot used to elect town or village district officers which shall include the following question, or by including the following question on the official ballot as prepared by the town or village district clerk:

"Are you in favor of the adoption of the building code (or amendment to the existing town (village district) building code) as proposed by the local governing body?" In the event that there shall be more than a single proposed amendment to be submitted to the voters at any given meeting, the issue as to the several amendments shall be put in the following manner:

"Are you in favor of the adoption of Amendment No.

___ as proposed by the local governing body for the town (village district) building code as follows:

(Here insert topical description of substance of amendment.)?" If such action is to be taken at a meeting other than the one at which officers are to be elected, the clerk shall prepare a special ballot containing the question or questions above stated, and the meeting shall open not later than noon and shall remain open at least 8 hours.

If such action is to be taken at a meeting in a town or village district which has not adopted an official ballot, the clerk may prepare a special ballot likewise separate from the ballot used to elect town or village district officers for the use of voters in voting on the question.

If a majority of the voters present and voting on any question as herein provided shall vote in the affirmative, the ordinance or amendment thereto shall be declared to have been adopted.

When submitting any question to the voters under this section, there shall be 2 squares printed after the question, one with the word "yes" beside it and another with the word "no" beside it.

HB 244 - AS INTRODUCED - Page 12 - VIII.

If an amendment is submitted by the selectmen or village district commissioners, the ballot shall so indicate.

A notation on the ballot stating the local governing body’s approval or disapproval shall immediately follow the question's description.

IX.

The method for amending a building code, as set forth in this section, may also be utilized to repeal such ordinance or code.

The ballot question shall use the word "repeal" in place of the words "adoption" or "amendment." 155-A:3-k Method of Enactment by Petition.

I.

Twenty-five or more voters may petition for an amendment to a building code.

Petitioned amendments shall be voted only at the annual town or village district meeting.

A petition to amend a building code shall be submitted to the board of selectmen or the village district commissioners during the period between 120 and 90 days prior to the annual town or village district meeting.

The petition shall be in correct warrant article form, as determined by the selectmen or village district commissioners, to amend the building code.

The selectmen or the village district commissioners shall submit the petitions to the planning board in a timely manner.

II.

The local governing body at its first regular meeting following the petition period shall set the date of the public hearing for each petitioned amendment which is received and shall hold a public hearing on each petitioned amendment.

Notice for the time and place of the public hearing shall be the same as that provided in RSA 675:7.

III.

Each petitioned amendment shall be placed on a ballot which may be separate from the ballot used to elect town or village district offiA notation on the ballot stating the local governing body’s approval or disapproval shall immediately follow the question's description.

Any petitioned question receiving an affirmative vote of a majority of the legal voters present and voting shall be adopted, except as provided in RSA 675:5.

The local governing body shall forward to the town or village district clerk all proposed amendments to a building code under this section not later than the fifth Tuesday prior to the date for electing town or village district officers.

IV.

The town or village district clerk shall include each question on a petitioned amendment on the appropriate official or special ballot, or separate official ballot, in the same manner as provided in paragraph III and in RSA 675:3, VII.

V.

The method for amending a building code, as set forth in this section, may also be utilized to repeal such ordinance or code.

The ballot question shall use the word "repeal" in place of the word "amendment." 155-A:3-l Notice Requirements for Public Hearing.

I.

Notice shall be given for the time and place of each public hearing held under RSA 155- A:3-i through 3-k at least 10 calendar days before the hearing.

Any person owning property in the municipality may request HB 244 - AS INTRODUCED - Page 13 - notice of all public hearings on proposed amendments to the building code ordinance, and the municipality shall provide notice, at no cost to the person, electronically or by first class mail.

II.9 Amend RSA 155-A:4, VII as inserted by section 11 of the bill by replacing it with the following:

In lieu of publication in a paper of general circulation pursuant to paragraph I, notice may be posted on the municipality's Internet website, if such exists.

If notice is posted on the municipality's website in lieu of publication in a paper of general circulation, the notice shall:

(a) Appear prominently on the website's home page, or a link directly to the notice shall appear prominently on the home page;

(b) Be posted at the time stated in paragraph I and shall remain on the website until the conclusion of the hearing;

and (c) Be posted in 2 other public places.

III.

The full text of the proposed building code, or amendment need not be included in the notice if an adequate statement describing the proposal and designating the place where the proposal is on file for public inspection is stated in the notice.

The notice of a hearing on a proposed amendment to a boodling code to be sent electronically or by first class mail shall include a statement describing, to the greatest extent practicable and in easily understood language, the proposed changes to the code, the areas affected, and any other information calculated to improve public understanding of the proposal.

155-A:3-m Filing of Building Codes and Amendments.

All building codes and their amendments shall be placed on file with the city, town, or village district clerk, or, in the case of unincorporated towns or unorganized places, with the clerk for the county commissioners for public inspection.

155-A:3-n Place for Filing Documents;

Reporting of Adoptions or Amendments.

A copy of each building code or amendment which is adopted by a municipality shall be placed in a central file with the office of planning and development;

provided, however, that failure to file these documents or amendments with the office of planning and development shall not affect the validity of the document.

Every municipality which adopts a building code, or amendment thereto, shall inform the office of planning and development of such adoption or amendment.

The office of planning and development is hereby authorized to gather this information by way of an annual survey of the municipalities or other such means as may be deemed appropriate.

The office of planning and development shall periodically create lists and reports of the information gathered for use by the municipalities and the general public.

9 Permit Required.

Amend RSA 155-A:4, II to read as follows:

II.

In municipalities that have adopted an enforcement mechanism pursuant to RSA 674:51 and RSA [47:22] 155-A:3-h through 3-j, 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.

10 Enforcement Authority.

Amend RSA 155-A:7, I to read as follows:

HB 244 - AS INTRODUCED - Page 14 - I.

The local enforcement agency appointed pursuant to RSA 674:51 or RSA [47:22] 155-A:3-d 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.

11 Penalty.

RSA 155-A:8 is repealed and reenacted to read as follows:

155-A:8 Injunctive Relief.

In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or is proposed to be used in violation of this title or of any local ordinance, code, or regulation adopted under this title, or of any provision or specification of an application, approved by, or any requirement or condition of a permit issued by, any local building inspector acting under the authority of this title, the building inspector or other official with authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, alteration, or reconstruction.

12 New Sections;

Remedies.

Amend RSA 155-A by inserting after section 8 the following new sections:

155-A:8-a Fines and Penalties.

I.

Any person who violates any of the provisions of this title, or any local ordinance, code, or regulation adopted under this title, or any provision or specification of any application, approved by, or any requirement or condition of a permit or decision issued by, any local building inspector acting under the authority of this title shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person;

and shall be subject to a civil penalty of $275 for the first offense, and $550 for subsequent offenses, for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the municipality that the violator is in violation, whichever is earlier.

Each day that a violation continues shall be a separate offense.

II.

In any legal action brought by a municipality to enforce, by way of injunctive relief as provided by RSA 155-A:8, I or otherwise, any local ordinance, code, or regulation adopted under this title, or to enforce any building code board of appeals decision made pursuant to this title, or to seek the payment of any fine levied under paragraph II, the municipality shall recover its costs and reasonable attorney fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action.

For the purposes of this paragraph, recoverable costs shall include all out-of-pocket expenses actually incurred, including but not limited to, inspection fees, expert fees and investigatory expenses.

HB 244 - AS INTRODUCED - Page 15 - III.

If any violation of a local ordinance, code, or regulation, or any violation of a building code board of appeals decision, results in the expenditure of public funds by a municipality which are not reimbursed under paragraph II, the court in its discretion may order, as an additional civil penalty, that a violator make restitution to the municipality for such funds so expended.

IV.

The superior court may, upon a petition filed by a municipality and after notice and a preliminary hearing as in the case of prejudgment attachments under RSA 511-A, require an alleged violator to post a bond with the court to secure payment of any penalty or remedy or the performance of any injunctive relief which may be ordered or both.

At the hearing, the burden shall be on the municipality to show that there is a strong likelihood that it will prevail on the merits, that the penalties or remedies sought are reasonably likely to be awarded by the court in an amount consistent with the bond sought, and that the bond represents the amount of the projected expense of compliance with the injunctive relief sought.

V.

The building inspector or other local official with the authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title may commence an action under paragraph I either in the district court pursuant to RSA 502-A:11-a, or in the superior court.

The prosecuting official in the official's discretion may, prior to or at the time of arraignment, charge the offense as a violation, and in such cases the penalties to be imposed by the court shall be limited to those provided for a violation under RSA 651:2 and the civil penalty provided in subparagraph I(b) of this section.

The provisions of this section shall supersede any inconsistent local penalty provision.

155-A:8-b Cease and Desist Orders.

The building inspector, code enforcement officer, zoning administrator or other official designated as an enforcement authority by ordinance or resolution of the local legislative body may issue a cease and desist order against any violation of this title, any local ordinance, code or regulation adopted under this title, or any provision or specification of an application, approved by, or any requirement or condition of a permit or decision issued by, any local building inspector acting under the authority of this title, subject to the following:

I.

The order shall be in writing and include:

(a) The precise regulation, provision, specification, or condition which is being violated.

(b) The facts constituting the violation, including the date of any inspection from which these facts were ascertained.

(c) The corrective action required, including a reasonable time within which such action shall be taken.

(d) A statement that a motion for summary enforcement of the order shall be made to the court of the district in which the property is situated unless such corrective action is taken within the time provided, or unless an answer is filed within 20 days, as provided under paragraph V.

HB 244 - AS INTRODUCED - Page 16 - (e) A statement that failure to either take the corrective action, or to file an answer, may result in corrective action being taken by the municipality, and that if this occurs the municipality's costs shall constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property if not paid.

II.

The order shall be served upon the record owner of the property or the record owner's agent, and upon the person to whom taxes are assessed for the property, if other than the owner, and upon any occupying tenant of the property, and upon any other person known by the enforcing officer to exercise control over the premises in violation, and upon all persons holding mortgages upon such property as recorded in the office of the register of deeds, in the same manner provided for service of a summons in a civil action in district court.

Personal service may be made by a sheriff, deputy sheriff, local police officer, or constable.

If the owner is unknown or cannot be found, the order shall be served by posting it upon the property and by 4 weeks' publication in a newspaper in general circulation in the municipality.

III.

Upon service of the order, the owner or their agent, occupying tenant or their agent, or any other person who is engaged in development, construction, excavation, or other changes of the land or buildings on the land shall cease immediately such activities, if so provided in the order, until such time as judgment is rendered under paragraphs VI or VII.

Failure to cease such activity shall constitute a separate violation of this title in addition to the violation cited in the order, unless such order is annulled as provided in subparagraph (g).

IV.

A copy of the order with proof of service shall be filed with clerk of the district court of the district in which the property is located not fewer than 5 days prior to the filing of a motion to enforce under paragraph VI.

V.

Within 20 days after the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute.

VI.

If no answer is served, the enforcement official may move the court for the enforcement of the order.

If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order.

The clerk of the court shall mail a copy of the judgment to all persons upon whom the original order was served.

IfThe anbuilding answerofficial is filed and served as provided in paragraph V, further proceedings in the action shall becomply governedwith byRSA the674:30, rulesif ofapplicable. the district court.

IfAmend theRSA order155-A:8-c, isII sustainedas followinginserted trial,by thesection court14 shallof enter judgment and shall fix a time within which the correctivebill actionby shallreplacing beit taken, in compliance with the orderfollowing: as originally filed, or as modified by the court.

If the order is not sustained, it shall be annulled and set aside.

If it appears to the court that the order was frivolous, was commenced in bad faith, or was not based upon information and belief formed after reasonable inquiry or was not well-grounded in fact, then the court shall order the defendant's costs and HB 244 - AS INTRODUCED - Page 17 - reasonable attorneys fees to be paid by the municipality.

The clerk of the court shall mail a copy of the judgment to the persons upon whom the original order was served.

VIII.

If a judgment is not complied with in the time prescribed, the local governing body may cause the corrective action to be taken as set forth in the judgment.

The cost to the municipality of taking such corrective action together with its other expenses as provided in paragraph IX, shall be a lien against the real estate on which the violation occurred, which shall continue for 18 months from the date upon which the expense account is allowed by the court, as provided in paragraph IX.

IX.

The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses in connection with its enforcement, including but not limited to filing fees, service fees, publication fees, the expense of searching the registry of deeds to identify mortgages, witness and expert fees, attorneys fees and traveling expenses.

The court shall examine, correct if necessary, and allow the expense account.

The municipal governing body, by majority vote, may commit the expense account to the collector of taxes, in which case the mayor, as defined by RSA 155-A:1, shall direct the expense account, together with a warrant under the mayor's hand and seal, to the municipal tax collector, requiring the tax collector to collect the same from the person to whom real estate taxes are assessed for the premises upon which such corrective action was taken, and to pay the amount so collected to the municipal treasurer.

Within 30 days after the receipt of such warrant, the collector shall send a bill as provided in RSA 76:11.

Interest as provided in RSA 76:13 shall be charged on any amount not paid within 30 days after the bill is mailed.

The collector shall have the same rights and remedies as in the collection of taxes, as provided in RSA 80.

X.

A party aggrieved by the judgment of the district court may appeal, within 15 days after the rendering of such judgment, to the superior court.

XI.

The remedy provided in this section is supplementary to other enforcement remedies provided by this chapter or local ordinance.

155-A:8-c Local Building Code Citations;

Pleas by Mail.

I.

A building inspector or other local official with authority to prosecute an offense within the scope of RSA 155-A:8-a, and who, prior to or at the time of serving the summons, elects, pursuant to RSA 155-A:8-a, V, to charge the offense as a violation, may issue and serve upon the defendant, in addition to the summons, a local building code citation as set forth in this section.

The defendant receiving such a citation may plead guilty or nolo contendere by mail by entering that plea as provided herein.

If such a plea is accepted by the court, the defendant shall not be required to appear personally or by counsel;

otherwise the defendant shall appear as directed by the court.

The following procedure shall be used:

If the notice involves or includes a decision which may be appealed to the building code board of appeals pursuant to RSA 155-A:3-g,155-A:3-d, such notice shall set forth a reasonable period, as provided by the rules of the HB 244 - AS INTRODUCED - Page 18 - respective board, in no case less than 7 days, within which such appeal shall be filed after receipt of the written notice, and the citation shall not be served until after the end of such period.

If such an appeal is filed, further proceedings shall be governed by RSA 155-A:3-g.155-A:3-d.

III.Amend the bill by replacing section 19 with the following:

The19 localInspectors. building code citation shall contain:

(a) The caption:

"Local Building Code Citation, Town (City) of ___ ".

(b) The name of the offender, and address if known to the prosecuting official.

(c) The statute, code, ordinance, regulation, provision, specification, requirement or condition the offender is charged with violating.

(d) The act or circumstances constituting the violation.

(e) The place of the violation.

(f) The date upon which the offender received written notice of the violation by the municipality.

(g) The time and date upon which the violation was witnessed subsequent to such written notice.

(h) The amount of the civil penalty as set forth in paragraph II, which is payable by the offender for each day the violation continued subsequent to such written notice, up to a maximum of 5 days' violation charged in one citation.

(i) Instructions informing the defendant that the defendant may answer the citation by mail or may personally appear in court upon the date on the summons, and instructing the defendant how to enter a plea by mail, together with either the amount of the penalty specified in the citation, or a request for a trial.

(j) The address of the clerk of the district court, where the plea by mail may be entered.

(k) A warning to the defendant that failure to respond to the citation on or before the date on the summons may result in the defendant's arrest as provided in paragraph VI.

(l) The signature of the prosecuting official.

IV.

Defendants who are issued a summons and local building code citation and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the civil penalty, as set forth in the citation, to the clerk of the court prior to the arraignment date, or shall appear in court on the date of arraignment.

V.

Civil penalties collected by the district court under this section shall be remitted to the municipality issuing the citation.

Whenever a defendant (a) does not enter a plea by mail prior to the arraignment day or does not appear personally or by counsel on or before that date or move for a continuance;

or (b) otherwise fails to appear for a scheduled court appearance in connection with a summons for any offense, the defendant shall be defaulted and the court shall determine what the civil penalty would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the civil penalty.

Such fee shall be the same as the administrative processing fee under RSA 502-A:19-b, and shall be retained by the court for the benefit of the state.

HB 244 - AS INTRODUCED - Page 19 - VI.

The court may, in its discretion, issue a bench warrant for the arrest of any defendant who:

(a) Is defaulted in accordance with the provisions of paragraph V of this section;

(b) Fails to pay a fine or other penalty imposed in connection with a conviction under this title which a court has determined the defendant is able to pay, or issues a bad check in payment of a fine or other penalty;

or (c) Fails to comply with a similar order on any matter within the court's discretion.

VII.

For cause, the court in its discretion may refuse to accept a plea by mail and may impose a fine or penalty other than that stated in the local building code citation.

The court may order the defendant to appear personally in court for the disposition of the defendant's case.

VIII.

The prosecuting official may serve additional local building code citations, without giving additional written notice or appeal opportunity under paragraph II, if the facts or circumstances constituting the violation continue beyond the date or dates of any prior citation.

A plea of guilty or nolo contendere to the prior citation shall not affect the rights of the defendant with respect to a subsequent citation.

IX.

Forms and rules for the local building code citation and summons shall be developed and adopted by the New Hampshire supreme court.

X.

This section is not intended in any way to abrogate other enforcement actions or remedies in the district or superior court pursuant to this title, nor to require written notice as a prerequisite to other types of actions or remedies under this title.

13 State Building Code Review Board.

Amend RSA 155-A:10, IV(f) to read as follows:

(f) Amendments adopted by municipalities, submitted to the board under the provisions of RSA [674:51, II] 155-A:3, V(f), and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality.

14 Fees.

Amend RSA 205-D:12, III to read as follows:

III.If an inspection is conducted by a local enforcement agency, the local enforcement agency may charge fees established pursuant to RSA [674:51, III(d)] 155-A:3-n.

15 Exemptions.

Amend RSA 205-D:18, II to read as follows:

II.

Nothing in this chapter shall be construed to amend or repeal the provisions of RSA 31:116, relative to manufactured housing foundations in parks[, and RSA 47:22-b, relative to manufactured housing foundations in parks].

16 Rehearing;

Appeals.

Amend RSA 310:14, III to read as follows:

III.

Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541, except as specified in RSA [674:34] 155-A:3-g or other applicable statutes.

No sanction shall be stayed by the board during an appeal.

17 Inspectors.

HB 244 - AS INTRODUCED - Page 20 - V.

A state, city, or town building [inspector] official or code enforcement officer appointed by the administrative authority of the state, city, or town, who performs electrical inspections authorized in accordance with RSA 155-A:2, IV, RSA 155-A:2, VI, RSA[RSA [47:22]47:22,] 155-A:3-h through 3-j, or RSA 674:51[674:51] 155- A:3 shall have the authority to check the license or identification card issued under this chapter.

18Amend Thirdthe Partybill Electricalby Inspections.replacing section 21 with the following:

Amend21 RSAExemptions. 319-C:5-a, section heading and I to read as follows:

319-C:5-aAmend [ThirdRSA Party]356-A:3, Third-PartyI-a(b)(4)(C) Electricalto Inspections.read as follows:

(C) Appointed a building [inspector] official pursuant to RSA [673:1, III] 155- A:3.

Amend the bill by replacing sections 29-30 with the following:

Committee of Conference Report on HB 244 - Page 3 - 29 Appeals Where There is a Zoning Ordinance.

Amend the introductory paragraph of RSA 674:13, I to read as follows:

TheAny boardzoning shallordinance adoptadopted rulespursuant underto RSA 319-C:6-a674:16 requiringshall anyprovide entitythat engagingthe aboard personof whoadjustment conductscreated residentialunder electricala inspectionslocal forzoning upordinance and having the power to 4make contiguousvariances units,or whichexceptions in zoning regulations shall behave consideredthe afurther levelpower, 1in inspector,specific orcases and by vote of a personmajority whoof conductsits allmembers, typesupon an appeal filed with it by the owner of electricalany inspections,such whichland, shallto be[grant considereda] aremove levelthe 2prohibition inspector,on whoa isbuilding conductingpermit third-partybased electricalon inspectionsconsiderations of electricaljustice installationsand equity for a building or structure, or part thereof, in thisa statemapped-street tolocation haveshown on the personofficial conductingmap, thein inspectionany becase approvedin bywhich the officeboard of professionaladjustment licensurefinds, andupon certificationthe inevidence accordanceand witharguments criteriapresented establishedto byit theupon board.appeal:

The30 boardAppeals shallWhere determineThere theis qualifications necessary for approval as a levelZoning 1Ordinance. or level 2 electrical inspector.

The office of professional licensure and certification shall maintain and make available a list of such persons approved for level 1 or level 2 third-party electrical inspections.

The approval of a person to conduct either level of third-party electrical inspections shall not prohibit a city or town that has established inspections under RSA [47:22 or RSA 674:51] 155-A:3 from contracting with any person of its choice to perform third-party electrical inspections.

19 Exemptions.

Amend RSA 356-A:3, I(b)(4)(C) to read as follows:

(C) Appointed a building inspector pursuant to RSA [673:1, III] 155-A:3-f.

20 Local Land Use Board.

Amend RSA 672:7 to read as follows:

672:7 Local Land Use Board.

"Local land use board" means a planning board, historic district commission, [inspector of buildings, building code board of appeals,] zoning board of adjustment, or other board or commission authorized under RSA 673 established by a local legislative body.

21 Zoning Board of Adjustments and Building Code Board of Appeals.

Amend RSA 673:3 section heading to read as follows:

673:3 Zoning Board of Adjustment [and Building Code Board of Appeals].

22 Scheduling of Meetings.

Amend RSA 673:10, I to read as follows:

I.

Meetings of the heritage commission, the historic district commission, the agricultural commission, the housing commission, [the building code board of appeals,] and the zoning board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine.

23 Disqualification of Member.

Amend RSA 673:14, I to read as follows:

I.

No member of a zoning board of adjustment, [building code board of appeals,] planning board, heritage commission, historic district commission, agricultural commission, or housing commission shall participate in deciding or shall sit upon the hearing of any question which the HB 244 - AS INTRODUCED - Page 21 - board is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of other citizens, or if that member would be disqualified for any cause to act as a juror upon the trial of the same matter in any action at law.