SBRep. 94 - AS INTRODUCED SESSION 25-1053 06/11 SENATE BILL 94 AN ACT prohibiting municipal amendments to the state building code.

SPONSORS:Layon, Rock.

Sen.13 October 1, 2025 2025-2972h 07/08 Amendment to SB 94 Amend the title of the bill by replacing it with the following:

McConkey,3 DistAN 3;ACT repealing municipal amendments to technical requirements of the state building code in certain circumstances.

Sen.6 Amend the bill by replacing all after the enacting clause with the following:

Murphy,8 Dist1 16;Public Safety and Welfare;

Sen.New Hampshire Building Code;

Innis,Enforcement DistMechanism. 7 COMMITTEE:

ExecutiveAmend DepartmentsRSA and155-A:3, AdministrationII ─────────────────────────────────────────────────────────────────to ANALYSISread Thisas billfollows: prohibits all local legislative bodies from adopting any new regulations that differ from the state building code.

-II. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:

MatterAmendments addedto the state building code implementing the issuance of permits and the collection of fees pursuant to currentRSA law155-A:2, appearsIII, inand boldthe italics.issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV, or other administrative functions shall be reserved for the municipalities, provided they are not less stringent than the state building code and confirmed pursuant to RSA 155-A:3, IV.

MatterNo removedamendments fromto currentthe lawtechnical appearsrequirements [inof bracketsthe andstate struckthrough.]building Mattercode whichare ispermitted. either (a) all new or (b) repealed and reenacted appears in regular type.

SB[Municipal 94amendments -to AStechnical INTRODUCEDrequirements 25-1053of 06/11the STATEstate OFbuilding NEWcode HAMPSHIREare Inpermitted if the Yearstate ofbuilding Ourcode Lordis Twomore Thousandthan Twenty2 Fiveeditions ANbehind ACTthe prohibitingpublished municipalmodel amendmentscodes toincluded in the state building code.code, provided they are not more or less stringent than the state building code and confirmed pursuant to RSA 155-A:3, IV.] 2 Effective Date.

BeThis itact Enactedshall bytake theeffect SenateJuly and1, House2026, ofat Representatives12:01 inAM. General Court convened:

1Amendment Powerto SB 94 - Page 2 - 2025-2972h AMENDED ANALYSIS This bill repeals municipal amendments to Amendtechnical Staterequirements Buildingof Codethe andstate Establishbuilding Enforcementcode Procedures.in certain circumstances.

Amend RSA 674:51, I to read as follows:

I.

The local legislative body [may enact as an ordinance or adopt, pursuant to the procedures of RSA 675:2-4, additional amendments to the state building code for structures in the municipality, providing that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, and provided that each amendment submitted to the building code review board relates to one article or section of that code.

The local legislative body may adopt a nationally recognized code not included in, and not inconsistent with, the state building code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board, that is included in the most recent edition of the state building code adopted under RSA 155-A, and the intent of this restriction shall not be avoided by the adoption of local amendments as determined by the building code review board.

The local legislative body may also enact a process for the enforcement of the state building code, additional amendments and any additional codes adopted under this paragraph.

Local amendments and codes regulated by this paragraph adopted prior to July 1, 2024, and the procedural history of adoption per RSA 155-A:10 shall be submitted for review to the building code review board for review and confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the building code adopted under RSA 155-A.

No local amendment shall be enforced if it has not been submitted to the building code review board within 60 days of the effective date of this paragraph.

Upon the withholding of confirmation of a submitted local amendment by the state building code review board, the amendment shall not be enforced.] shall not enact, adopt, or implement any new ordinance, rule, or regulation that amends, overrides, deviates from, or differs from the adopted state building code, state energy code, or state fire code established under RSA 155-A and RSA 153.

All municipalities shall fully comply with the state codes without further local modification.

Existing local amendments to the state building code, energy code, or fire code that were in effect as of July 1, 2025, shall remain valid and enforceable.

2 New Section;

Limitation on Local Amendments.

Amend RSA 155-A by inserting after section 2 the following new section:

SB 94 - AS INTRODUCED - Page 2 - 155-A:2-a Limitation on New Local Amendments.

Municipalities are prohibited from enacting, adopting, or implementing any new local amendments to the state building code, state energy code, or state fire code after July 1, 2025.

Local amendments in effect as of July 1, 2025, shall remain valid and enforceable, provided they were adopted according to the procedures established by RSA 155-A and RSA 153.

3 Grant of Power.

Amend RSA 47:22 to read as follows:

47:22 Grant of Power.

The board of mayor and aldermen, or the corresponding governmental body of any city, [is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any additional regulations or amendments provided that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153, and provided that each amendment submitted to the building code review board or the state fire marshal relates to one article or section of the code.

The board of mayor and aldermen may adopt a nationally recognized code not included in, and not inconsistent with, the state building code or state fire code, except for a nationally recognized code which has the same or similar scope or purpose, as determined by the building code review board for amendments to the state building code or the state fire marshal for amendments to the state fire code, that is included in the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153, and the intent of this restriction shall not be avoided by the adoption of local amendments as determined by the building code review board for amendments to the state building code and the state fire marshal for amendments to the state fire code.

Upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk.

All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public.

Local amendments to the state building code and codes regulated by this paragraph adopted prior to July 1, 2024, and the procedural history of adoption per RSA 155-A:10 shall be submitted for review to the building code review board for review and confirmation that such additional amendments are not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A.

No local amendment shall be enforced if it has not been submitted to the state building code review board within 60 days of the effective date of this paragraph.