5 New Paragraph;

Building Code Definitions.

or Amendment to HB 244 - Page 2 - (d) County commissioners in a county in which there are located unincorporated towns or unorganized places.

64 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.

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

85 NewEnforcement Sections;Mechanism;

BuildingLocal CodeEnforcement Enforcement.Agency.

Amend RSA 155-A155-A:3, byI insertingto afterread sectionas 3-cfollows: 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, thisis chapter,hereby forempowered the 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 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:1, IV.

AnyAmendment suchto ordinanceHB enacted244 or- adoptedPage under3 this- section6 byLocal aAmendments; 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(d)(1) - (2) to read as follows:

The(1) localAccept ordinanceand orreview amendmentappropriate adopted[design] accordingconstruction todocuments; the provisions under this section shall include, at a minimum, the following:

(a)(2) TheIssue date of first enactment of any building codepermits regulationsas provided in theRSA municipality[676:11-13] and155-A:4; of each subsequent amendment thereto.

(b)7 ALocal provisionAmendments; for the establishment of a building code board of appeals as provided in RSA 155-A:3-g.

IfApplication. no provision is made to establish a separate building code board of appeals, the ordinance shall designate the zoning board of adjustment to act as the building code board of appeals.

IfAmend thereRSA is155-A:3, noVII zoningto boardread of adjustment, the board of selectmen shall serve as thefollows: building code board of appeals.

HB 244 - AS INTRODUCED - Page 4 - (c) A provision for the establishment of the position of building inspector as provided in RSA 155-A:3-f.

Additionally, the building inspector shall have the authority to issue building permits and any certificates of occupancy as enacted;

to perform inspections as may be necessary to ensure compliance with the local building code;

and, the local legislative body may fix the compensation for any inspector who is so appointed.

(d) A schedule of fees, or a provision authorizing the governing body to establish fees, to be charged for building permits, inspections, and for any certificate of occupancy as provided under this section.

IV.

The regulations adopted pursuant under this section may include a requirement for a certificate of occupancy to be issued prior to the use or occupancy of any building or structure that is erected or remodeled, or undergoes a change or expansion of use, subsequent to the effective date of such requirement.

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.

IfThe anystate building inspectorcode isestablished prosecutedin for violation of RSA 643:1155-A andshall foundbe guiltyeffective ofin issuingall anymunicipalities, permitas contrarydefined toin theRSA provisions[672:10] of155-A:1, thisin section,the itstate, shallwithout befurther primalocal faciemodification, evidenceexcept thatas thepermitted buildingby inspectorthis hassection, knowinglyand refrainedshall frombe performingenforced aas dutyprovided imposedin onRSA the155-A:7. building inspector by law.

VIII.Notwithstanding any other provision of law, no local legislative body shall enact or enforce any ordinance, adopt or enforce any rule, or implement any regulation that amends, overrides, or deviates from the state building code, or addresses any subject included in the state building code, except as otherwise permitted by this section or other statute, on or after the effective date of this section.

TheAll buildingmunicipalities inspectorwith shallan adoptenforcement amechanism formshall orenforce setand ofcomply standardsfully specifyingwith the minimumstate contentsbuilding ofcode awithout completedfurther applicationlocal formodification, anyexcept buildingas permit.otherwise permitted by this section or other statute.

Upon8 theLocal submissionAmendments; of a completed application, the building inspector shall act to approve or deny a building permit within 30 days;

HBApplication. 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.

Amend RSA 155-A:3, IX and X to read as follows:

TheNo timemunicipality foror local land use board, as defined in RSA [672:7] 155-A:1, shall enforce any ordinance, regulation, code, or administrative practice requiring the buildinginstallation inspectorof toautomatic actfire uponsuppression buildingsprinklers permitsin forany collocationnew applicationsor andexisting modificationdetached applicationsone- or two-family dwelling unit in a structure used only for personalresidential wirelesspurposes, serviceor facilitiesin shallexisting bebuildings governedthat contain, or will contain, no more than four dwelling units, unless fire sprinklers are existing or are required by RSAa 12-K:10.nonresidential occupancy.

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.

TheNotwithstanding buildingany inspectorprovision shallof havelaw the authority to orderthe occupantscontrary, tono vacatemunicipality a building, structure, or otherlocal premisesland ifuse theboard inspectorshall determines,enforce basedany onexisting reasonableordinance, informationregulation, andcode, belief,or thatadministrative therepractice isrequiring imminentthe dangerinstallation of failure or collapse,use or the condition of suchautomatic premisesfire otherwisesuppression constitutessprinklers ain clearany andmanufactured imminenthousing dangerunit, toas thedefined lifein orRSA safety674:31, ofsituated occupantsin ora othermanufactured personshousing andpark, thatas protectiondefined ofin lifeRSA or205-A:1, safetyII. requires vacating the premises.

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, [IV] VI, or affect the validity or enforceability of such inclusion.

[X.] XI.

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 from engaging 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.

XII.

The building official 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 Amendment to HB 244 - Page 4 - 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.

XI.XIII.

155-A:3-g9 BuildingNew CodeSections; Board of Appeals.

Building Code Enforcement.

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

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

An If applicationthe forzoning appealboard shallof beadjustment basedor onboard aof claimselectmen thatis acting as the truebuilding intentcode board of theappeals codeunder orRSA the155-A:3, rulesits adoptedjurisdiction thereundershall havebe beenlimited incorrectlyto interpreted,hearing theappeals provisions of local amendments to the state building code door notstate fullyfire apply,code, orand anall equallyother goodappeals orshall betterbe formmade ofto constructionthe isbuilding proposed.code review board under RSA 155-A:11-b.

 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.

HB 244 - AS INTRODUCED - Page 7 - V.

If no successor has been appointed and qualified at Amendment to HB 244 - Page 5 - 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.

Designation of Alternate Members.

Filling Vacancies in Membership.

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.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.

Reasons for disqualification do not include exemption from service as a juror or knowledge of the facts involved gained in the performance of the member's official duties.

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.

The expenditures of the board, exclusive Amendment to HB 244 - Page 6 - of gifts, reimbursements, or amounts held pursuant to subparagraphthis (2),section, 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.

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 RSAthis 676:4,title, 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.

Notwithstanding RSA 672:7,155-A:1, a building inspectorofficial shall not be considered a "building code board of appeals" for purposes of this section.

and,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.

EachThe chairperson of the building code board of appeals shallor, holdin itsthe meetingschairperson's andabsence, maintainthe itsacting recordschairperson inmay accordanceadminister withoaths. RSA 91-A.

Whenever the board exercises its regulatory or quasi judicial powers it may, at its sole discretion, compel the attendance of witnesses.

All expenses incurred under this section for compelling the attendance of a witness shall be paid by the party or parties requesting that a witness be compelled to attend a meeting of the board.

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

Amendment to HB 244 - Page 7 - XXI.

XXI.XXII.

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.

XXII.XXIII.

Anyone affected by a decision made by the building inspectorofficial can appeal to the board of adjustment.adjustment except as provided in RSA 155-A:3-d, I.

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.

The effectbuilding ofcode anappeals appealboard tomay theimpose boardreasonable isfees to maintaincover theits currentadministrative stateexpenses and costs of affairs.special investigative studies, review of documents, and other matters which may be required by particular appeals or applications.

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.

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 shall suspend the permit or certificate, and no related construction, alteration, or change of use may begin.

An appeal against any order or enforcement action shall halt all related proceedings unless the building official, 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 environmentIn such cases, proceedings shall only be stayed by a restraining order granted by the board or the superior court, upon notice to the building official and for good cause shown.

XXVI.

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

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.

XXVI.XXVII.

155-A:3-hAmendment to HB 244 - Page 8 - 155-A:3-e Method of Enactment in Cities Operating Under the Board of Mayor and Aldermen, or the Corresponding Governmental Body Form of Government.

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 a local enforcement agency, as defined in RSA 155-A:1 and amending the state building codes.code as permitted by RSA 155- A:3.

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.

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 inspectorofficial and 3 copies are filed with the office of the city clerk for public use and examination.

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,official, and 3 copies in the office of the city clerk for public use and examination.

155-A:3-i155-A:3-f Method of Enactment in Cities and Towns Operating Under Town Council Form of Government.

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 local enforcement agency, as defined in RSA 155-A:1 and amendments to the state building code isas establishedpermitted andby amended.RSA 155-A:3 are established.

However, any question concerning the establishment of a local enforcement agency and amendmentamendments ofto athe state building code may be placed on a ballot separate from the ballot used to elect city or town officers.

All proposed amendments to athe state 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.

No buildinglocal codeenforcement agency shall be established or the state building code amended until after a public hearing is held in accordance with the procedures required under RSA 675:7155-A:3-i on the proposed buildinglocal codeenforcement agency or amendment.

155-A:3-jAmendment to HB 244 - Page 9 - 155-A:3-g Method of Enactment in Certain Towns and Village Districts.

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 a local enforcement agency as defined in RSA 155-A:1 and amend athe state building code as permitted by RSA 155-A:3 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 subparagraphparagraph (7).VII.

No buildinglocal codeenforcement agency shall be established or the state building code 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 675:7.155-A:3-i.

After the public hearing the local governing body shall, by vote, determine the final form of the ordinance,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.

Subsequent public hearings shall be held at least 14 days after the prior public hearing and with the notice provided in RSA 675:7.155-A:3-i.

Each village district must be specifically authorized to codeestablish a local enforcement mechanism by the legislature.

"Are you in favor of the adoptionestablishment of thea buildinglocal codeenforcement (oragency amendmentor amendment(s) to the existingstate town (village district) building code)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:

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

If such action is to be taken at a Amendment to HB 244 - Page 10 - 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.

HB 244 - AS INTRODUCED - Page 12 - VIII.

The method for amendingestablishing a local enforcement agency or amending the state 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-k155-A:3-h Method of Enactment by Petition.

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

A petition to amend athe state 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 state building code.

Notice for the time and place of the public hearing shall be the same as that provided in RSA 675:7.155-A:3-i.

Each petitioned amendment shall be placed on a ballot which may be separate from the ballot used to elect town or village district offiAofficerA 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,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 athe state building code under this section not later than the fifth Tuesday prior to the date for electing town or village district officers.

Amendment to HB 244 - Page 11 - V.

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

The ballot question shall use the word "repeal" in place of the word "amendment." 155-A:3-l155-A:3-i Notice Requirements for Public 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.

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

155-A:3-m155-A:3-j Filing of Building Codes and Amendments.

All buildingordinances codesestablishing anda theirlocal enforcement agency and amendments to the state building code 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-n10 PlacePermit forRequired. Filing Documents;

ReportingAmend ofRSA Adoptions155-A:4, orI Amendments.to read as follows:

AI. 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,Before however,starting that[new failureconstruction toor filerenovation theseof documentsbuildings orand amendmentsstructures] withwork theas officedescribed ofin planningRSA and155-A:2, developmentI, shallthe notperson affectresponsible thefor validitysuch ofconstruction theshall document.obtain a permit.

Every11 municipalityNew whichParagraphs; adopts a building code, or amendment thereto, shall inform the office of planning and development of such adoption or amendment.

TheBuilding officeCode ofEnforcement. 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.

TheAmend officeRSA of155-A:4 planningby andinserting developmentafter shallparagraph periodicallyIII create lists and reports of the informationfollowing gatherednew forparagraphs: use by the municipalities and the general public.

9IV. Permit Required.

AmendNo RSAbuilding 155-A:4,permit IIshall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to readthe asmunicipality follows:by a bond or Amendment to HB 244 - Page 12 - other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV;

II.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.

InV. 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.

NoThe permitbuilding official shall benot issuedissue thatany wouldbuilding notor resultoccupancy inpermit compliancefor any proposed construction, remodeling, or maintenance which will not comply with theany stateor all zoning ordinances, building codecodes, andor stateplanning fireboard code.regulations which are in effect.

10VI. Enforcement Authority.

AmendNo building permit shall be issued when prohibited under the provisions of RSA 155-A:7,674:12, I674:13, to674:21, read674:22, as674:23, follows:674:41, 674:53, 674:75, 676:8, 676:9 or 676:12.

HBVII. 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 codeofficial and the local fire chief shall havecomply 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:2,674:30 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:10,676:66, uponif writtenapplicable. request of the municipality.

11VIII. Penalty.

If any building official 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 official has knowingly refrained from performing a duty imposed on the building official by law.

IX.

The building official 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 official shall act to approve or deny a building permit within 30 days;

provided, however, that nonresidential applications or residential applications encompassing more than 10 dwelling units shall be approved or denied within 60 days.

X.

The time for the building official 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.

12 Accessibility Standards for Public Buildings.

RSA 155-A:5-a, III and IV is repealed and reenacted to read as follows:

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 official 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.

Amendment to HB 244 - Page 13 - 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 official to inspect and certify shall remain subject to all other provisions of this section.

13 Penalty.

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 inspectorofficial acting under the authority of this title, the building inspectorofficial 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.

1214 New Sections;

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 inspectorofficial 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;

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 Amendment to HB 244 - Page 14 - 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.

The building inspectorofficial 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 building inspector,official, 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 inspectorofficial acting under the authority of this title, subject to the following:

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 Amendment to HB 244 - Page 15 - 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.

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 paragraphsparagraph 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 subparagraphparagraph (g).VII.

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.

Amendment to HB 244 - Page 16 - VIII.

At the discretion of the local enforcement official, an action to enforce a cease and desist order under this section may be joined with an action under RSA 155-A:8-a, I, and the cease and desist order shall constitute the written notice under RSA 155-A:8-a, I.

A building inspectorofficial 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.

If the notice involves or includes a decision which may be appealed to the building code board of appeals pursuant Amendment to HB 244 - Page 17 - 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.

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 Amendment to HB 244 - Page 18 - processing fee in addition to the civil penalty.

HB 244 - AS INTRODUCED - Page 19 - VI.

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

1315 StateEnergy Building Code ReviewCompliance Board.Form.

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

(f)   155-A:10-a AmendmentsEnergy adoptedCode byCompliance municipalities,Form. 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.The state building code review board shall prescribe by amendment 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] 155-A:3.

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.

Amendment to HB 244 - Page 19 - 16 Appeal of Decisions of Local Building Code Board of Appeals.

Amend RSA 155-A:11-b, I to read as follows:

I.

The board shall hear and decide appeals of orders, decisions, or determinations made by the local building official relative to the application and interpretation of the state building code and state fire code as defined in RSA 155-A:1, and shall hear appeals of final decisions of any local building code board of appeals established under 155-A:3 [and RSA 674].

17 Fees.

III.IfIII. 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.

15If Exemptions.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.

Amend18 RSARehearing; 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 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-g155-A:3-d or other applicable statutes.

1719 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 [47:22] 155-A:3-h155-A:3 through[, 3-j, or RSA 674:51674:51] shall have the authority to check the license or identification card issued under this chapter.

1820 Third Party Electrical Inspections.

Amend RSAthe 319-C:5-a, section heading and RSA 319-C:5-a, I to read as follows:

1921 Exemptions.

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

2022 Local Land Use Board.

Amendment to HB 244 - Page 20 - 672:7 Local Land Use Board.

2123 Zoning Board of Adjustments and Building Code Board of Appeals.

2224 Scheduling of Meetings.

2325 Disqualification of Member.

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.

2426 Power to Compel Witness Attendance and Administer Oaths.

2527 Abolishing Planning Board, Heritage Commission, Historic District Commission, Agricultural Commission, or Housing Commission.

Abolition of Boards[,] or Zoning Ordinances[, or Building Codes] 2628 Transfer of Documents Upon Abolition of Zoning Ordinance or Building Code.

27Amendment Refusalto ofHB Permit.244 - Page 21 - 29 Appeals Where There is a Zoning Ordinance.

Amend the introductory paragraph of RSA 674:12674:13, I to read as follows:

674:12 Refusal of Permit.

A municipality which has established and recorded an official map, as provided in RSA 674:10, may for the purpose of preserving the integrity of such official map provide by ordinance that, from and after the time of such recording, no land use or building permit shall be issued for any building or structure, or part thereof, in the bed of or on any land located between the mapped lines of any street as shown or laid out on such official map, except as provided in RSA 674:13.

28 Appeals Where There is a Zoning Ordinance.

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

Any zoning ordinance adopted pursuant to RSA 674:16 shall provide that the board of adjustment created under a local zoning ordinance and having the power to make variances or exceptions in zoning regulations shall have the further power, in specific cases and by vote of a majority of its members, upon an appeal filed with it by the owner of any such land, to grant[grant a land use permit oror] remove the prohibition on a building permit based on considerations of justice and equity for a building or structure, or part thereof, in a mapped-street location shown on the HB 244 - AS INTRODUCED - Page 22 - official map, in any case in which the board of adjustment finds, upon the evidence and arguments presented to it upon appeal:

2930 Appeals Where There is a Zoning Ordinance.

In the event that the board of adjustment decides to [authorizeauthorize or issue]issue remove the prohibition on a building permit in such case, it shall have the power to specify the exact location, ground area to be used or occupied, height, and other reasonable details and conditions of extent and character, and also the duration of the building, or part hereof, permitted.

3031 Appeals;

31 Innovative Land Use Controls.

Amend RSA 674:21, VI(a) to read as follows:

VI.(a) In this section, "village plan alternative" means an optional land use control and subdivision regulation to provide a means of promoting a more efficient and [cost effective] cost- effective method of land development.

The village plan alternative's purpose is to encourage the preservation of open space wherever possible.

The village plan alternative subdivision is meant to encourage beneficial consolidation of land development to permit the efficient layout of less costly to maintain roads, utilities, and other public and private infrastructures;

to improve the ability of political subdivisions to provide more rapid and efficient delivery of public safety and school transportation services as community growth occurs;

and finally, to provide owners of private property with a method for realizing the inherent development value of their real property in a manner conducive to the creation of substantial benefit to the environment and to the political subdivision's property tax base.

The board of selectmen[, if no building HB 244 - AS INTRODUCED - Page 23 - inspector exists,] shall act [jointly] as the [building inspector and] administrative officer charged with enforcement and may issue [building or] use permits in the first instance if clearly permitted by law.

In addition to other remedies, any person convicted of violation of the provisions Amendment to HB 244 - Page 22 - of RSA [674:25-29] 674:25 through 29 by a court of competent jurisdiction shall be subject to a fine of not more than $50 for each offense.

Amend RSAthe 674:30 introductory paragraph of RSA 674:30 and RSA 674:30, I to read as follows:

Local land use ordinances[, codes,] and land use regulations enacted pursuant to this title shall apply to public utility structures, provided, however, that:

Notwithstanding the provisions of any such [local] land use ordinance[, code,] or land use regulation, a planning board, or its designee pursuant to paragraph II, upon application by a utility, may waive any requirement contained in [an]an a land use ordinance[, code,] or land use regulation for any unoccupied structure which is less than 200 square feet in area, which is necessary for the furnishing of utility service for the public health, safety, or general welfare, and for which the utility's siting options are limited by virtue of said structure being a physically integrated component of the utility's transmission or distribution apparatus.

A public utility which uses or proposes to use a structure which does not fit the criteria described in paragraph I, or fits those criteria and has been denied a waiver, or has been granted a waiver with conditions unacceptable to the utility when the waiver was applied for pursuant to paragraph I, may petition the public utilities commission to be exempted from tthe he operation of any local land use ordinance[, code,] or land use regulation enacted under this title.titleThe public utilities commission, following a public hearing, may grant such an exemption if it decides that the present or proposed situation of the structure in question is reasonably necessary for the convenience or welfare of the public and, if the purpose of the structure relates to water supply withdrawal, the exemption is recommended by the department of environmental services.

The public utilities commission, following a public hearing, may grant such an exemption if it decides that the present or proposed situation of the structure in question is reasonably necessary for the convenience or welfare of the public and, if the purpose of the structure relates to water supply withdrawal, the exemption is recommended by the department of environmental services.

provided, however, that in circumstances where their literal application would effectively prohibit an agricultural use or activity allowed by this subdivision, or would otherwise be unreasonable in the context of an agricultural use or activity, in accordance with the provisions of RSA 672:1, III-b, the board of HB 244 - AS INTRODUCED - Page 24 - adjustment[, building code board of appeals,] or other applicable [local]local land use board, after due notice and hearing, shall grant a waiver from such requirement to the extent necessary to reasonably permit the agricultural use or activity, unless such waiver would have a demonstrated adverse effect on Amendment to HB 244 - Page 23 - public health or safety, or on the value of adjacent property.

This section shall supersede any less stringent local land use ordinance[, code] or land use regulation, and no existing lot or tract of land shall be exempted from the provisions of this section except in accordance with the procedures expressly set forth in this section.

38 PowerProcedure. to Amend State Building Code and Establish Enforcement Procedures.

Amend RSA 674:51 to read as follows:

674:51 [Power to Amend State Building Code and Establish Enforcement Procedures] Automatic Fire Suppression Sprinklers;

Installation of Commercially Available Heating or HB 244 - AS INTRODUCED - Page 25 - Other Energy Systems.[ [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.

In addition, towns and cities shall have the following authority:] [I.

The local legislative body may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional provisions of the state building code for the construction, remodeling, and maintenance of all buildings and structures in the municipality, provided that such additional regulations are not less stringent than the requirements of the state building code.

The local legislative body may also enact a process for the enforcement of the state building code and any additional regulations thereto, and the provisions of a nationally recognized code that are not included in and are not inconsistent with the state building code.

Any local enforcement process adopted prior to the effective date of this paragraph shall remain in effect unless it conflicts with the state building code or is amended or repealed by the municipality.] II.

Any such ordinance enacted or adopted under paragraph I by a local legislative body shall not be enforced unless confirmed by the building code review board pursuant to RSA 155-A:10, IV(c).

The 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.

The local ordinance or amendment adopted according to the provisions of paragraph I shall include, at a minimum, the following provisions:

(a) The date of first enactment of any building code regulations in the municipality and of each subsequent amendment thereto.

(b) Provision for the establishment of a building code board of appeals as provided in RSA 673:1, V;

673:3, IV;

and 673:5.

(c) Provision for the establishment of the position of building inspector as provided in RSA 673:1, V.

The building inspector shall have the authority to issue building permits as provided in RSA 676:11-13 and any certificates of occupancy as enacted pursuant to paragraph III, and to perform inspections as may be necessary to assure compliance with the local building code.

(d) A schedule of fees, or a provision authorizing the governing body to establish fees, to be charged for building permits, inspections, and for any certificate of occupancy enacted pursuant to paragraph III.

IV.

The regulations adopted pursuant to paragraph I may include a requirement for a certificate of occupancy to be issued prior to the use or occupancy of any building or structure that is erected or remodeled, or undergoes a change or expansion of use, subsequent to the effective date of such requirement.] [V]I.

No municipality or local land use board as defined in RSA 672:7 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 HB 244 - AS INTRODUCED - Page 26 - used only for residential purposes, or in existing buildings that contain, or will contain, no more than 4 dwelling units, unless fire sprinklers are existing or are required by a nonresidential company.

Notwithstanding any provision of law to the contrary, no municipality or local land use board 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, IV, or affect the validity or enforceability of such inclusion.

[VI]II.

[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.

39 Land Affected by Municipal Boundaries.

Amend RSA 674:53, II to read as follows:

II.

Upon receipt of an application for a land use permit or approval under this title for the subdivision, development, change of use of, or erection or alteration of any structure upon any lot, tract, site or other division of land whose boundary or portion thereof is a municipal boundary line, or whose sole street access or sole maintained street access is via a private road or class IV, V, or VI highway located in an adjoining municipality, the municipality receiving the application shall inquire in writing to the appropriate administrative officials in the adjoining municipality or municipalities as to the existence of facts or regulations which, under paragraphs I, III, or IV of this section or otherwise, would preclude or affect such subdivision, development, construction, or change of use.

Response shall be made to such inquiries within the period provided by this title for approval or disapproval of the underlying application.

A response which invokes [an] a land use ordinance or land use regulation of such adjoining municipality may be appealed in that adjoining municipality in the same manner as any other administrative decision.

An adjoining municipality in which is located an existing private road or class VI highway that serves as an applicant's sole means of fulfilling the street access requirements under RSA 674:41 shall have the same regulatory powers under that statute with respect to that road or highway as if the proposed building or development were located within that same municipality.

40 Land Affected by Municipal Boundaries.

Amend RSA 674:53, III(a) to read as follows:

(a) All uses of land, buildings, or structures shall comply with the land use regulations or land use ordinances of the municipality in which they are located.

41 Procedure.

HB 244 - AS INTRODUCED - Page 27 - IV.

The municipality may adopt regulations to [insure] ensure compliance with the covenants, which regulations may include requirements for the monitoring of the project by the municipality or by a suitable [third party] third-party agency qualified to carry Amendment to HB 244 - Page 24 - out such requirements, including but not limited to requiring the production of annual income verification for renters and non-owner occupiers.

4239 Municipal Regulations of Small Wind Energy Systems.

4340 Abutter and Regional Notification.

I.(a) A municipal building inspector[inspector] official shall notify all abutters by verified mail, as defined in RSA 21:53, upon application for a building permit to construct a small wind energy system.

An appeal may be made to the building code board of appeals pursuant to RSA [674:34] 155-A:3-g155- A:3-d or to the zoning board of adjustment pursuant to RSA 676:5, as may be appropriate.

4441 General Requirements.

4542 Method of Enactment in Cities and Towns Operating Under Town Council Form of Government.

The planning board shall forward to the town clerk all proposed amendments to a zoning ordinance[,] or HB 244 - AS INTRODUCED - Page 28 - historic district ordinance[, or building code] not later than the fifth Tuesday prior to the date for electing city or town officers.

46Amendment to HB 244 - Page 25 - 43 Method of Enactment in Certain Towns and Village Districts.

4744 Method of Enactment in Certain Towns and Village Districts.

4845 Method of Enactment in Certain Towns and Village Districts.

HB 244 - AS INTRODUCED - Page 29 - "Are you in favor of the adoption of the zoning ordinance[,] or historic district ordinance[, or building code] (or amendment to the existing town (village district) zoning ordinance[,] or historic district ordinance[, or building code]) as proposed by the planning board?" 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:

___ as proposed by the planning board for the town (village district) zoning ordinance (historic district ordinance[ordinance or[or building code]) as follows:

(Here insert topical Amendment to HB 244 - Page 26 - 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.

4946 Method of Enactment in Certain Towns and Village Districts.

The ballot question shall use the word "repeal" in place of the words "adoption" or "amendment." 5047 Method of Enactment by Petition.

5148 Method of Enactment by Petition.

Any petitioned question receiving an affirmative vote of a majority of the legal voters present and voting shall be HB 244 - AS INTRODUCED - Page 30 - adopted, except as provided in RSA 675:5.

5249 Method of Enactment by Petition.

Amendment to HB 244 - Page 27 - V.

The ballot question shall use the word "repeal" in place of the word "amendment." 5350 Notice Requirements for Public Hearing.

5451 Filing of Zoning Ordinances, Historic District Ordinances, Building Codes, Subdivision Regulations, Site Plan Review Regulations, and Amendments.

5552 Place for Filing Documents;

The office of planning and development is hereby authorized to gather this information by way of an annual HB 244 - AS INTRODUCED - Page 31 - survey of the municipalities or other such means as may be deemed appropriate.

5653 JointThird-Party MeetingsReview and Hearings.Inspection.

Amend the section heading of RSA 676:2,676:4-b and RSA 676:4-b, I to read as follows:

Amendment to HB 244 - Page 28 - 676:4-b [Third Party] Third-Party Review and Inspection.

An applicant seeking a local land use permit may petition 2 or more land use boards to hold a joint meeting or hearing when the subject matter of the requested permit is within the responsibilities of those land use boards.

Each board shall adopt rules of procedure relative to joint meetings and hearings, and each board shall have the authority on its own initiative to request a joint meeting.

Each land use board shall have the discretion as to whether or not to hold a joint meeting with any other land use board.

The planning board chair shall chair joint meetings unless the planning board is not involved with the subject matter of the requested permit.

In that situation, the appropriate agencies which are involved shall determine which board shall be in charge.

57 Third-Party Review and Inspection.

Amend RSA 676:4-b, I to read as follows:

676:4-b [Third Party] Third-Party Review and Inspection.

I.

5854 Third-Party Review and Inspection.

5955 Appeals to Board of Adjustment.

Amend RSA 676:5, IIII(a) to read as follows:

II.(a) The "administrative officer" means any official or board who, in that municipality, has responsibility for issuing permits or certificates under the ordinance, or for enforcing the ordinance, and may include [a building inspector,] the board of selectmen[,] or other official or board with such responsibility.

For56 theDetermination purposes of thisWhich section:Local Ordinance Takes Precedence.

HB 244 - AS INTRODUCED - Page 32 - (a) The "administrative officer" means any official or board who, in that municipality, has responsibility for issuing land use permits or certificates under the land use ordinance, or for enforcing the ordinance, and may include [a building inspector,] the board of selectmen[,] or other official or board with such responsibility.

(b) A "decision of the administrative officer" includes any decision involving construction, interpretation or application of the terms of the land use ordinance.It does not include a discretionary decision to commence formal or informal enforcement proceedings, but does include any construction, interpretation or application of the terms of the land use ordinance which is implicated in such enforcement proceedings.

60 Determination of Which Local Ordinance Takes Precedence.

6157 Injunctive Relief.

In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or any land is or is proposed to be used in violation of this title or of any local land use ordinance[, code,] or regulation adopted under this title, or of any provision or specification of an application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board 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 land use ordinance[, code,] or regulation adopted under this title, or the owner of any adjacent or neighboring property who would be specially damaged by such violation may, in addition to other Amendment to HB 244 - Page 29 - 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.

6258 Fines and Penalties;

Any person who violates any of the provisions of this title, or any local land use ordinance[, code,] or regulation adopted under this title, or any provision or specification of any application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board 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;

In any legal action brought by a municipality to enforce, by way of injunctive relief as provided by RSA 676:15 or otherwise, any local land use ordinance[, code] or regulation adopted under this title, or to enforce any planning board,board or zoning board of adjustment or[or building code board HB 244 - AS INTRODUCED - Page 33 - of appealsappeals] decision made pursuant to this title, or to seek the payment of any fine levied under paragraph I, the municipality shall recover its costs and reasonable attorney's fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action.

If any violation of a local landordinance[, usecode] ordinance, code or regulation, or any violation of a planning board,board[,]or zoning board of adjustment or[or building code board of appeals decision,]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.

6359 Fines and Penalties;

The [building inspector or other] local official with the authority to enforce the provisions of this title or any local land use 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.

6460 Cease and Desist Orders.

Amendment to HB 244 - Page 30 - 676:17-a Cease and Desist Orders.

The [building inspector,inspector,] code enforcement officer, zoning administrator or other]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 land use ordinance[, code] or regulation adopted under this title, or any provision or specification of an application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title, subject to the following:

6561 CeaseLocal andLand DesistUse Orders.Citations;

Amend RSA 676:17-a, XI to read as follows:

XI.

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

At the discretion of the local enforcement official, an action to enforce a cease and desist order under this section may be joined with an action under RSA 676:17, I, and the cease and desist order shall constitute the written notice under RSA 676:17, I(b).

66 Local Land Use Citations;

Amend RSAthe 676:17-b introductory paragraph of RSA 676:17- b, and RSA 676:17-b, I to read as follows:

A [building inspector or other] local official with authority to prosecute an offense within the scope of RSA 676:17, and who, prior to or at the HB 244 - AS INTRODUCED - Page 34 - time of serving the summons, elects, pursuant to RSA 676:17, V, to charge the offense as a violation, may issue and serve upon the defendant, in addition to the summons, a local land use citation as set forth in this section.

6762 Local Land Use Citations;

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

6863 Repeal.

RSA 47:22, relative to the grant of power.

II.

RSA 47:22-a, relative to manufactured housing.

III.

RSA 47:22-b, relative to manufactured housing foundations.

IV.

RSA 47:23, relative to amendments.

V.

RSA 47:24, relative to exceptions.

VI.

RSA 47:25, relative to examination by public.

VII.

RSA 47:26, relative to public hearings and notice.

VIII.

RSA 155-A:3, relative to building code local amendments and applications.

IX.

X.II.

XI.III.

XII.IV.

XIII.V.

XIV.VI.

XV.VII.

RSA 676:12, relative to building permits to be withheld in certain cases.

XVI.

69Amendment to HB 244 - Page 31 - 64 Effective Date.

This act shall take effect 60at days12:01 aftera.m. its passage.

on July 1, 2026.