Amendment vs bill Amendment #2024-0712s vs latest version

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CHAPTER 40 SB 437 - FINAL VERSION 02/21/2024 0712s SESSION 24-3065 12/10 SENATE BILL 437 AN ACT relative to local authority to amend the state building code.
Senate Executive Departments and Administration February 14, 2024 2024-0712s 11/05 Amendment to SB 437 Amend RSA 674:51, I as inserted by section 1 of the bill by repealing and replacing it with the following:
SPONSORS:
4 I.
Sen.
Carson, Dist 14;
Sen.
Lang, Dist 2;
Sen.
Pearl, Dist 17;
Rep.
Goley, Hills.
21;
Rep.
C.
McGuire, Merr.
27 COMMITTEE:
Executive Departments and Administration ───────────────────────────────────────────────────────────────── ANALYSIS This bill requires all local ordinances amending the state building code to comply with the procedures in law for review and approval of additional local regulations to the state building code established in RSA 155-A.
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Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 40 SB 437 - FINAL VERSION 02/21/2024 0712s 24-3065 12/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to local authority to amend the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
40:1 Municipal Power to Amend Building Code;
Compliance with State Code Required.
Amend RSA 674:51, I to read as follows:
I.
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.
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.
Upon the withholding of confirmation of a submitted local amendment, by the state building code review board, the amendment shall not be enforced.
40:2 State Building Code;
Amend RSA 155-A:2, V as inserted by section 2 of the bill by replacing it with the following:
Local Ordinance;
Compliance with Current State Code.
Amend RSA 155- A:2, V to read as follows:
Counties, towns, cities, and village districts may adopt additional regulations by ordinance pursuant to RSA 674:51 or RSA 47:22 [any additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code].
Counties, towns, cities, and village districts may adopt additional regulations by ordinance pursuant to RSA 674:51 or RSA 47:22[ any additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code].
40:3 City Council Building Codes;
Amendment to SB 437 - Page 2 - Amend RSA 47:22 as inserted by section 3 of the bill by replacing it with the following:
Compliance with Current State Code.
3 47:22 Grant of Power.
Amend RSA 47:22 to read as follows:
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 [provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153;
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 CHAPTER 40 SB 437 - FINAL VERSION - Page 2 - 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 [provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153;
Upon the withholding of confirmation of a submitted local amendment by the building code review board, the local amendment shall not be enforced.
Upon the withholding of confirmation of a submitted local amendment by the building code review board the local amendment shall not be enforced.
Local amendments to the state fire code adopted prior to July 1, 2024, and the procedural history of adoption per RSA 153:4-a, shall be submitted to the state fire marshal for review and confirmation that such amendments are not in conflict or less restrictive than the state fire code and are based on sound engineering practices.
Local amendments to the state fire code adopted prior to July 1, 2024, and the Amendment to SB 437 - Page 3 - procedural history of adoption per RSA 153:4-a, shall be submitted to the state fire marshal for review and confirmation that such amendments are not in conflict or less restrictive than the state fire code and are based on sound engineering practices.
The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body.No local amendment shall be enforced if it has not been submitted to the state fire marshal within 60 days of the effective date of this paragraph.
The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body.
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No local amendment shall be enforced if it has not been submitted to the state fire marshal within 60 days of the effective date of this paragraph.
40:4 State Building Code;
Amend the bill by inserting after section 4 the following sections and renumbering the original section 5 to read as 8:
Current Compliance Required.
5 State Building Code Review Board;
Amend RSA 155-A:2, VIII to read as follows:
VIII.
Nothing in this chapter shall be construed as amending, repealing, or superseding any local law, ordinance, code, or regulation, except local code requirements that are less stringent than the state CHAPTER 40 SB 437 - FINAL VERSION - Page 3 - building code or state fire code, or where expressly required by RSA 674:51, or RSA 47:22, and all buildings, building components, and structures shall comply with all applicable state or local building and fire code requirements, land use restrictions including, but not limited to subdivision regulations, use and location restrictions, density and dimensional limitations, or historic district laws or ordinances.
40:5 State Building Code Review Board;
40:6 Municipal Amendments;
6 Municipal Amendments;
The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns.
The board shall act to review and confirm proposed municipal amendments within 90 days of submission for cities, and 45 days for towns.Failure of the board to act within these time frames shall constitute a confirmation of the municipal amendment.
Failure of the board to act within these time frames shall constitute a confirmation of the municipal amendment.
The board's review shall be limited to a confirmation that the local amendment [does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code]complies with RSA 674:51 or RSA 47:22, and a verification with the state fire marshal that there is no conflict with the fire code.
The board's review shall be limited to a confirmation that the local amendment [does not establish requirements conflicting with, or less stringent than, the requirements of the state building code, and to verify with the state fire marshal that there is no conflict with the fire code] complies with RSA 674:51 or RSA 47:22, and a verification with the state fire marshal that there is no conflict with the fire code.
7 Repeal.
40:7 Repeal.
40:8 Effective Date.
This act shall take effect July 1, 2024.
Approved:
May 31, 2024 Effective Date:
July 01, 2024