TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 155-A
NEW HAMPSHIRE BUILDING CODE
Section 155-A:1
155-A:1 Definitions. –
In this chapter:
I. "Building" means building as defined and interpreted by the International Code Council's International Building Code adopted under RSA 155-A:1, IV, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
II. "County" means the local legislative body of a county in which there are unincorporated towns or unorganized places.
III. "Local enforcement agency" means, for a municipality as defined in RSA 155-A:1, XI that has adopted an enforcement mechanism under RSA 155-A:3, the official qualified and authorized to issue permits, make inspections, and enforce the laws, ordinances, and rules enacted by the state and local government that establish standards and requirements applicable to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure, or any appurtenances connected or attached to such building or structure.
IV. "New Hampshire building code" or "state building code" means the adoption by reference of the International Building Code 2024, the International Existing Building Code 2024, the International Plumbing Code 2024, the International Mechanical Code 2024, the International Energy Conservation Code 2018, the International Swimming Pool and Spa Code 2024 and the International Residential Code 2024, as published by the International Code Council Inc., and the National Electrical Code 2023, as published by the National Fire Protection Association, Inc., as reviewed and recommended by the state building code review board, including all amendments reviewed and approved by the board as of October 10, 2025, and ratified by the legislature in accordance with RSA 155-A:10, and any errata issued by the model code organization, or amendments informed by such errata, as approved by the board.
IV-a. "New Hampshire fire code" or "state fire code" means the state fire code as defined in RSA 153:1 and as amended by rules adopted pursuant to RSA 153:5.
V. "Person" means any individual or organized group of any kind, including partnerships, corporations, limited liability partnerships, limited liability companies, and other forms of association, as well as federal, state or local instrumentalities, political subdivisions, or officers.
VI. "Structure" means structure as defined and interpreted by the International Code Council's International Building Code adopted under RSA 155-A:1, IV, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
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.
Source. 2002, 8:3. 2003, 245:1. 2006, 112:1. 2007, 187:1-3. 2009, 41:2. 2012, 242:7-10, eff. June 18, 2012. 2014, 314:4, eff. Jan. 1, 2015. 2017, 201:3, eff. Jan. 1, 2018. 2019, 250:1-3, eff. Sept. 15, 2019. 2022, 311:1-3, eff. July 1, 2022. 2023, 46:1, eff. May 19, 2023; 238:1, eff. Oct. 7, 2023. 2024, 323:1, eff. July 1, 2024. 2025, 135:1, eff. July 1, 2025; 276:2, eff. July 1, 2026. 2026, 49:1, eff. July 1, 2026; 318:3, 63, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:2
155-A:2 State Building Code. –
I. All buildings, building components, and structures constructed in New Hampshire shall comply with the state building code and state fire code. The construction, design, structure, maintenance, and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, removal, or demolition of all buildings and structures previously erected shall be governed by the provisions of the state building code. The state building code in effect at the time that the application for the building permit required by RSA 155-A:4 is received by the governing authority shall remain in effect for the duration of the work covered by that permit. This requirement notwithstanding, for a period of 6 months after the effective date of the code adopted under RSA 155-A:1, IV, a concurrency period is established, allowing building permits, and other required documents, at the election of the applicant, to show compliance using either the code in effect just prior the effective date of the code adopted under RSA 155-A:1, IV, or the code adopted under RSA 155-A:1, IV, but not a combination of the 2 codes.
II. To the extent that there is any conflict between the state building code and the state fire code, the code creating the greater degree of life safety shall take precedence, subject to the review provisions contained in RSA 155-A:10. If the municipal building and fire code officials cannot agree which code creates the greater degree of life safety, the property owner may notify the 2 officials in writing that if agreement is not reached within 2 business days of delivery of said notification, that the decision shall be made by the property owner to comply with either the applicable building code or fire code. Such decision by the property owner after proper notification shall not be grounds for the denial of a certificate of occupancy.
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 155-A:3. 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 official 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.
IV. Except for buildings owned by the state, the community college system of New Hampshire, or the university system, the issuance of permits and certificates of occupancy pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. The state fire marshal shall issue permits, conduct inspections, and issue certificates of occupancy for buildings owned by the state, the community college system of New Hampshire, and the university system. Nothing in this section shall prohibit the state fire marshal from contracting with or authorizing a local enforcement agency or other qualified third party for these services, provided the fees for such services are paid for by the applicant. Any municipality that has adopted an enforcement mechanism under RSA 155-A:3 alternatively may request the services of the state fire marshal under the state building permit system, including issuance of permits, conducting inspections, and issuance of certificates of occupancy, for buildings or projects owned by the counties, town, cities, or village districts, if a project requires specialized knowledge of the fire marshal or due to staffing limitations of the municipality. Nothing in this section shall require the state fire marshal to accept a project under the state building permit system when requested by a municipality.
V. [Repealed.]
V-a. Any event tent erected on public or private property shall comply with the applicable provisions of the state building code and state fire code. Notwithstanding paragraph V, counties, towns, cities, and village districts shall not adopt any rule, regulation, or ordinance regarding event tents erected on public or private property in addition to those established in the state building code and state fire code. A building permit shall not be required for a tent of any size erected as an accessory structure on property that is an owner-occupied, one or 2-family dwelling.
V-b. Notwithstanding paragraph V, 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.
VI. For any municipality which has not adopted an enforcement mechanism under RSA 155-A:3, 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 155-A:3 may contract with a local enforcement agency or a qualified third party for these services as an alternative to establishing the position of building official under RSA 155-A:3, and such agency or third party shall have the same authority as a building official as provided in that section.
VII. The contractor of a building, building component, or structure shall be responsible for meeting the minimum requirements of the state building code and state fire code. No municipality shall be held liable for any failure on the part of a contractor to comply with the provisions of the state building code.
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 building code, or where expressly required by RSA 155-A:3, and all buildings, building components, and structures shall comply with all applicable state or local building 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.
IX. Nothing in this chapter shall be construed to permit or encourage the state to initiate or assume an independent role in the administration and enforcement of the New Hampshire building code for a building or structure that is not owned by the state unless otherwise authorized by law.
X. No state agency, authority, board, or commission shall vary, modify, or waive the requirements of the state building code or state fire code, unless approved by the state building code review board pursuant to RSA 155-A relative to the state building code or the state fire marshal pursuant to RSA 153:8-a, I(c) for the state fire code. Nothing in this chapter shall affect the statutory authority of the commissioner of labor, the state board for the licensing and regulation of plumbers, or the state electricians' board to administer their respective programs, provided that any changes to codes proposed under the rulemaking authority of these agencies shall not be enforced until approved by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.
XI. Notwithstanding the adopted edition of the National Electrical Code in the state building code under RSA 155-A:1, IV, any provision of the National Electrical Code, which requires arc-fault circuit interrupter protection in excess of the requirements of the 2014 National Electrical Code shall not be enforced under the state building code or this chapter.
XII. Notwithstanding the adopted edition of the International Building Code in the state building code under RSA 155-A:1, IV, or any other provision of law to the contrary, residential buildings up to 4 floors above grade plane shall be allowed to have only one stairway under conditions established by the state building code review board.
Source. 2002, 8:3. 2003, 245:2. 2009, 175:1. 2010, 326:2. 2012, 242:11, eff. June 18, 2012. 2017, 201:6, eff. Sept. 3, 2017. 2018, 39:1, eff. Jan. 1, 2019. 2020, 37:85, eff. July 29, 2020. 2021, 224:2, Pt. II, Sec. 1, eff. Oct. 23, 2021. 2022, 311:4, 5, eff. July 1, 2022. 2024, 40:2, 4, eff. July 1, 2024; 133:7, I, eff. Sept. 1, 2024. 2025, 257:1, eff. July 15, 2025; 276:3-5, eff. July 1, 2026. 2026, 318:4, 41, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3
155-A:3 Enforcement mechanism. –
I. The local legislative body, as defined in RSA 155-A:1, IX, is hereby empowered and authorized to establish a local enforcement agency, as defined in RSA 155-A:1, III, to enforce the state building code adopted under RSA 155-A. 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.
II. Amendments to the state building code implementing the issuance of permits and the collection of fees pursuant to RSA 155-A:2, III, and the 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. No amendments to the technical requirements of the state building code are permitted.
III. At a minimum, the municipality shall ensure by ordinance that implementation and enforcement includes:
(a) The date of the 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 155-A:3-d.
(c) Provision for the establishment of the position of building official as provided in RSA 155-A:3, III(d).
(d) The building official shall have the authority to:
(1) Accept and review appropriate construction documents;
(2) Issue building permits as provided in RSA 155-A:4;
(3) Perform inspections as may be necessary to assure compliance with the state building code; and
(4) Issue any certificates of occupancy as enacted pursuant to paragraph IV.
(e) 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 IV.
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, remodeled, or undergoes a change or expansion of use subsequent to the effective date of such requirement. The municipality shall be responsible for implementation and enforcement of the requirement under this paragraph.
V. Municipal Employees and Departments.
(a) The provisions of this chapter 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.
(b) Any provision of the state building code that conflicts with existing 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.
VI. Any ordinance adopted under paragraph II by a local legislative body shall be submitted to the state building code review board for review and confirmation.
VII. The state building code established in RSA 155-A shall be effective in all municipalities, as defined in RSA 155-A:1, XI, in the state, without further local modification, except as permitted by this section, and shall be enforced as provided in RSA 155-A:7. 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. All municipalities with an enforcement mechanism shall enforce and comply fully with the state building code without further local modification, except as otherwise permitted by this section or other statute.
VIII. (a) Local amendments and codes adopted pursuant to paragraph III prior to July 1, 2025, and the procedural history of adoption under RSA 155-A:10 shall be submitted for review to the building code review board for 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 was not submitted to the building code review board by July 1, 2025. Upon the withholding of confirmation of a submitted local amendment by the state building code review board, the amendment shall not be enforced.
(b) Any such ordinance enacted or adopted pursuant to paragraph III on or after July 1, 2025, 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.
IX. No municipality, as defined in RSA 155-A:1, XI, shall enforce any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached one- or two-family dwelling unit in a structure used only for residential purposes, or in existing buildings that contain, or will contain, no more than four dwelling units, unless fire sprinklers are existing or are required by a nonresidential occupancy.
X. Notwithstanding any provision of law to the contrary, no municipality, as defined in RSA 155-A:1, XI, 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.
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 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.
XIII. 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.
Source. 2002, 8:3. 2012, 242:12, eff. June 18, 2012. 2022, 242:1, eff. Jan. 1, 2023; 311:6, July 1, 2022. 2024, 40:5, eff. July 1, 2024. 2025, 276:6, eff. July 1, 2026. 2026, 17:1, eff. July 1, 2026, at 12:01 a.m.; 318:5-8, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-a
155-A:3-a Repealed by 2024, 133:7, II, eff. Sept. 1, 2024. –
Section 155-A:3-b
155-A:3-b Repealed by 2024, 133:7, III, eff. Sept. 1, 2024. –
Section 155-A:3-c
155-A:3-c Installation of Arc-Fault Circuit Interrupters (AFCI); Exception. –
I. Notwithstanding any provision of the state building code or state fire code requiring the installation of arc-fault circuit interrupters, after repeated tripping of an AFCI device and determination the branch circuit is not causing the AFCI to trip, an AFCI device may be replaced with one without AFCI protection in accordance with this section.
II. All receptacle outlets supplied by the branch circuit without AFCI protection shall prior to occupancy either be:
(a) Marked "No AFCI Protection;" or
(b) Identified in a notice given by the property owner to all occupants.
III. If an electrician installs a device without AFCI protection, within 5 working days the electrician shall file an AFCI unwanted tripping report with the National Electrical Manufacturers Association on the association's webpage for arc fault breaker safety, and shall submit a copy of the report to the property owner and the electricians' board.
IV. The device without AFCI protection shall be permitted to remain in place for the period of time it takes for the manufacturer to resolve the matter.
V. Nothing in this section shall prevent a homeowner from making electrical installations in or about a single family residence owned and occupied by him or her or to be occupied by him or her as his or her bona fide personal abode.
Source. 2017, 157:1, eff. June 28, 2017.
Section 155-A:3-d
155-A:3-d 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. If the zoning board of adjustment or board of selectmen is acting as the building code board of appeals under RSA 155-A:3, its jurisdiction shall be limited to hearing appeals of local amendments to the state building code or state fire code, and all other appeals shall be made to the building 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. 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.
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. 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. 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, 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.
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 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 this 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. 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 this title, 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 155-A:1, a building official 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. The chairperson of the building code board of appeals or, in the chairperson's absence, the acting chairperson may administer oaths. 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.
XX. Each building code board of appeals shall hold its meetings and maintain its records in accordance with RSA 91-A.
XXI. Whenever a building code is repealed, the records of the building code board of appeals shall be transferred to the planning board.
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 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.
XXIII. Anyone affected by a decision made by the building official can appeal to the board of adjustment except as provided in RSA 155-A:3-d, I. 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.
XXIV. 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.
XXV. 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 environment. In 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. 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.
XXVII. 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.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-e
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. –
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 a local enforcement agency, as defined in RSA 155-A:1 and amending the state building code as permitted by RSA 155-A:3. Upon adoption of such an ordinance, wherein codes, rules, and regulations or portions thereof 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 official 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 official, 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.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-f
155-A:3-f 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 local enforcement agency, as defined in RSA 155-A:1, and amendments to the state building code, as permitted by RSA 155-A:3, are established. However, any question concerning the establishment of a local enforcement agency and amendments to the state building code may be placed on a ballot separate from the ballot used to elect city or town officers. All proposed amendments to the 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.
II. No local enforcement 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 155-A:3-i on the proposed local enforcement agency or amendment.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-g
155-A:3-g 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 a local enforcement agency as defined in RSA 155-A:1 and amend the 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 paragraph VII.
II. No local enforcement 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 amendment. Notice for the time and place of each public hearing shall be the same as that provided in RSA 155-A:3-i.
III. After the public hearing the local governing body shall, by vote, determine the final form of the ordinance 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 155-A:3-i.
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 establish a local enforcement mechanism 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 establishment of a local enforcement agency or amendment(s) to the state 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)] state 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.
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 establishing 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."
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-h
155-A:3-h Method of Enactment by Petition. –
I. Twenty-five or more voters may petition for an amendment to the state building code. Petitioned amendments shall be voted only at the annual town or village district meeting. A petition to amend the 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. 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 155-A:3-i.
III. Each petitioned amendment shall be placed on a ballot which may be separate from the ballot used to elect town or village district officers. A 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. The local governing body shall forward to the town or village district clerk all proposed amendments to the state 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 the state building code, as set forth in this section, may also be utilized to repeal such ordinance. The ballot question shall use the word "repeal" in place of the word "amendment."
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-i
155-A:3-i 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-f through 3-h at least 10 calendar days before the hearing. The notice required under this section shall not include the day notice is posted or the day of the public hearing. Notice of each public hearing shall be published in a paper of general circulation in the municipality and shall be posted in at least 2 public places. Any person owning property in the municipality may request 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. 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 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 building 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.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-j
155-A:3-j Filing of Building Codes and Amendments. –
All ordinances establishing a local 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.
Source. 2026, 318:9, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:3-k
[RSA 155-A:3-k effective Sept. 13, 2026.]
155-A:3-k Innovative Housing Structure Construction Document Reviews and Inspections. –
I. An innovative housing structure, as defined in RSA 674:82, constructed on the dwelling site shall comply with the state building code.
II. Where the innovative housing structure is off-site construction, construction document review and inspection of the manufactured elements shall comply with either:
(a) Construction document review and inspection requirements of the state building code; or
(b) Modular buildings pursuant to RSA 205-C.
III. If an innovative housing structure is off-site construction, construction document review and inspections may be performed by:
(a) The appointed building official in the New Hampshire municipality where the off-site construction facility is located, provided that the building official is certified as a residential building inspector by the International Code Council; or
(b) The state fire marshal or designee through the modular building program.
IV. The off-site construction approval issued under this section for the manufactured elements, if conforming to state building code, shall be accepted by the local building official at the dwelling site for purposes of issuing a certificate of occupancy.
V. A municipality at the dwelling site may review submittal documents and inspection for compliance with the New Hampshire state building code for project elements other than manufactured elements.
Source. 2026, 330:2, eff. Sept. 13, 2026.
Section 155-A:4
155-A:4 Permit Required. –
I. Before starting work as described in RSA 155-A:2, I, the person responsible for such construction shall obtain a permit.
II. In municipalities that have adopted an enforcement mechanism pursuant to RSA 155-A:3, 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.
III. For buildings and structures owned by the state, the community college system of New Hampshire, or the university system, the person responsible for such activities shall obtain a permit from the state fire marshal. Before issuing the permit, the state fire marshal shall give due consideration to any written recommendations of the municipal fire chief, building official, or designee in the community where the state building is located.
IV. 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.
V. The building official 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.
VI. No building permit shall be issued when prohibited under the provisions of RSA 674:12, 674:13, 674:21, 674:22, 674:23, 674:41, 674:53, 674:75, 676:8, 676:9 or 676:12.
VII. The building official shall comply with RSA 674:30, if applicable.
VIII. 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.
Source. 2002, 8:3. 2012, 242:13, eff. June 18, 2012. 2025, 276:7, eff. July 1, 2026. 2026, 318:10, 11, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:5
155-A:5 Accessibility Standards for Public Buildings; Purpose and Intent. –
The requirements of this section and RSA 155-A:5-a and RSA 155-A:5-b are intended to establish a system of certification and enforcement for the accessibility standards in the state building code for public buildings. For purposes of this section,public buildingmeans any building that is regulated by the accessibility standards contained in the state building code. This section is not intended to enlarge upon or expand any substantive standard of the state building code. This section is intended to apply solely to the new construction, addition, or alteration of a public building that is commenced on or after July 1, 2010 and only to the extent that the new construction, addition, or alteration is regulated by the accessibility standards in the state building code.
Source. 2002, 8:3. 2009, 285:1, eff. Jan. 1, 2010.
Section 155-A:5-a
155-A:5-a Accessibility Standards for Public Buildings. –
I. The new construction, addition, or alteration of a public building as described in RSA 155-A:5 and as governed under RSA 155-A:2, I shall be subject to the requirements of this section and RSA 155-A:5-b.
II. Except as provided in paragraph III, the contractor shall obtain and submit to the owner of the public building, and to the governing body of the municipality, a written certification from a person qualified under RSA 155-A:5-b that:
(a) The design drawings or construction drawings for the proposed new construction, addition, or alteration meets the accessibility standards of the state building code; and
(b) Upon the completion and after inspection, the new construction, addition, or alteration meets the accessibility standards of the state building code.
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.
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.
V. In addition to other enforcement authority granted in this chapter, the protection and advocacy system for New Hampshire, as designated by the governor pursuant to 42 U.S.C. section 15043, shall have standing to enforce the accessibility standards required by this section. If the protection and advocacy system determines that probable cause exists that a public building violates the accessibility certification or inspection requirements of this section, it shall issue a letter to the owner of the building specifically identifying the deficiencies and requesting that the building be brought into compliance. The owner shall have 30 days to respond to the letter and 270 days to bring the building into compliance. If the owner does not respond, does not agree that there are some or all of the deficiencies asserted, or does not agree to bring the building into compliance within the specified time periods, or any other dispute remains as to compliance, either the owner or the protection and advocacy system may file an action in the superior court to determine compliance with this section. The protection and advocacy system may bring the action in its name or in the name of any individual with a physical impairment who is adversely affected by the alleged failure to adhere to the accessibility standards of the state building code, or both. If it is determined by the superior court that the building is not in compliance with the accessibility standards in the state building code, the court shall order that the responsible party bring the building into compliance. The court may award reasonable attorney's fees and costs to the prevailing party. For purposes of this section, a party prevails only if it receives either an enforceable judgment on the merits or a consent decree.
VI. Any individual with a physical impairment who is adversely affected by the failure to adhere to the requirements of this section shall have a private right of action against the owner pursuant to the procedure established in paragraph V, including the right to court costs and reasonable attorney's fees as the prevailing party.
VII. Any owner of a public building or contractor who is found by a preponderance of the evidence in a proceeding under this section to have knowingly violated the accessibility standards of the state building code shall be subject to a civil penalty. The penalties shall be the same as those established by RSA 155-A:8. All civil penalties shall be deposited into the general fund. The party bringing the action shall be entitled to reasonable attorney's fees and costs if it is determined by the court to be the prevailing party.
Source. 2009, 285:2. 2012, 197:1, eff. Aug. 12, 2012. 2024, 133:1, eff. Sept. 1, 2024. 2026, 318:12, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:5-b
155-A:5-b Accessibility Certifiers and Inspectors; Penalty. –
I. New Hampshire licensed architects, professional engineers, certified building officials, and master code officials may certify building plans and/or inspect public buildings for compliance with the accessibility standards in RSA 155-A:5 and RSA 155-A:5-a without further examination. Any other person engaged in the business of certifying building plans and/or inspecting public buildings for compliance with accessibility standards required by RSA 155-A:5 and RSA 155-A:5-a shall successfully pass an International Code Council examination that covers the accessibility standards contained in the state building code prior to certifying that a building complies with RSA 155-A:5 and RSA 155-A:5-a. All accessibility certifiers and inspectors shall complete 2 hours of continuing education related to accessibility codes every 3 years and be able to produce proof of continuing education upon request.
II. Whoever falsely claims to be certified under this section through advertising, signage, or other written or oral representation shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
Source. 2009, 285:2, eff. Jan. 1, 2010.
Section 155-A:6
155-A:6 Repealed by 2012, 242:22, eff. June 18, 2012. –
Section 155-A:7
155-A:7 Enforcement Authority. –
I. The local enforcement agency appointed pursuant to RSA 155-A:3 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.
II. Upon the request of a local enforcement agency, state agencies, boards, and commissions may provide advisory services and technical assistance concerning any building or any construction project in the local enforcement agent's jurisdiction.
III. The local enforcement agency appointed to enforce the state building code shall have the authority to inspect all buildings, structures, construction sites, and other places in the jurisdiction. If consent for such inspection is denied or not reasonably obtainable, the local enforcement agency may obtain an administrative inspection warrant under RSA 595-B.
IV. All local enforcement agencies and selectmen and the state fire marshal in those communities without a local enforcement agency shall provide information on the local and state appeals process when issuing a building permit or notice of violation. No fee shall be required to appeal a notice of violation or other decision of a code official.
V. Any notice of violation issued by an enforcement authority as described in paragraph I shall include the relevant section of the state or local building or fire code.
[Paragraph VI effective July 1, 2027.]
VI. The state fire marshal shall have the power to approve, disapprove, or allow alternative materials, design and methods of construction and equipment and code modifications to the state building code for all municipalities.
Source. 2002, 8:3. 2012, 225:1, eff. Aug. 14, 2012; 242:14, eff. June 18, 2012. 2019, 48:2, eff. Aug. 4, 2019. 2022, 242:2, eff. Jan. 1, 2023. 2025, 276:8, eff. July 1, 2026. 2026, 231:2, eff. July 1, 2027.
Section 155-A:8
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 official acting under the authority of this title, the building official 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.
Source. 2002, 8:3, eff. Sept. 14, 2002. 2026, 318:13, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:8-a
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 official 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.
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 official 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.
Source. 2026, 318:14, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:8-b
155-A:8-b Cease and Desist Orders. –
The building 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 official 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.
(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 paragraph 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 paragraph VII.
IV. A copy of the order with proof of service shall be filed with the 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.
VII. If an answer is filed and served as provided in paragraph V, further proceedings in the action shall be governed by the rules of the district court. If the order is sustained following trial, the court shall enter judgment and shall fix a time within which the corrective action shall be taken, in compliance with the order 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 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. 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.
Source. 2026, 318:14, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:8-c
155-A:8-c Local Building Code Citations; Pleas by Mail. –
I. A building official 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:
II. No local building code citation as set forth in this section shall be served unless the defendant has first been given written notice of the violation by the municipality. 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-d, such notice shall set forth a reasonable period, as provided by the rules of the 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-d.
III. The local 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.
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;
(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.
Source. 2026, 318:14, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:9
155-A:9 Fees. –
The municipality may establish fees to defray the costs of administration, implementation, and enforcement of the state building code and any local amendments. Such fees shall be for the general use of the municipality having responsibility over the local enforcement agency.
Source. 2002, 8:3, eff. Sept. 14, 2002.
Section 155-A:10
155-A:10 State Building Code Review Board. –
I. There is established a state building code review board consisting of the commissioner of safety or the commissioner's designee, and the following members, appointed by the commissioner of safety:
(a) One architect licensed in this state for a minimum of 5 years, nominated by the board of architects established in RSA 310-A:29.
(b) One structural engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.
(c) One mechanical engineer, or fire protection engineer, licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.
(d) One electrical engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established in RSA 310-A:3.
(e) One representative of the state's municipalities, nominated by the New Hampshire Municipal Association.
(f) One municipal building official, nominated by the New Hampshire Building Officials Association.
(g) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.
(h) One active fire prevention officer, nominated by the New Hampshire Association of Fire Chiefs.
(i) One building contractor, primarily engaged in the business of constructing nonresidential buildings, nominated by the Associated General Contractors of New Hampshire.
(j) One building contractor primarily engaged in the business of constructing residential buildings, nominated by the New Hampshire Home Builders Association.
(k) One representative from the New Hampshire department of energy, nominated by the commissioner of the department of energy.
(l) One master plumber licensed in this state for a minimum of 5 years, nominated by the mechanical licensing board established in RSA 153:27-a.
(m) One mechanical contractor, primarily engaged in the business of mechanical construction, nominated by the Plumbers, Fuel Gas Fitters, and HVAC Association of New Hampshire.
(n) One master electrician licensed in this state for a minimum of 5 years, nominated by the electricians' board established in RSA 319-C.
(o) One representative of the Committee on Architectural Barrier-Free Design nominated by the governor's commission on disability.
(p) One electrical contractor, nominated by Electrical Contractors Business Association.
II. The term of each member shall be 3 years. The chair of the board shall be appointed by the commissioner of safety after meeting with the board. Board members shall be appointed for no more than 3 consecutive 3-year terms. The board shall elect from among the members a vice-chair, who shall assume the responsibilities of the chair in the event of the chair's absence. Each appointing authority may appoint one alternate member, qualified as defined in subparagraphs I(a) through (p), who shall serve at the pleasure of the appointing authority. The term of each alternate member shall be 3 years.
III. The board shall be administratively attached to the department of safety under RSA 21-G:10.
IV. The board shall meet to review and assess the application of the state building code and shall recommend legislation, as the board deems necessary, to amend the requirements of the state building code in order to provide consistency with the application of other laws, rules, or regulations, to avoid undue economic impacts on the public by considering the relative increase or decrease in cost of such amendments, and to promote public safety and best practices.
(a) The board shall review a newer version of a code that has been published for 1 year, and shall provide a summary of all significant changes, cost estimates of these changes, and documentation of the need for the change in any recommended legislation.
(b) Statewide amendments to the state building code shall be reviewed and approved by the board, then submitted annually to the legislature for ratification by the adoption of appropriate legislation before they become effective.
(c) Municipal ordinances: municipalities shall submit proposed ordinances to the state building code to the board for review and confirmation prior to adoption. Municipalities may submit proposed language to the board for an advisory opinion at any time. Cities shall submit final proposed ordinances no later than 90 days before final adoption. Towns shall submit final proposed ordinances no later than 10 days after the conclusion of the final public hearing. Municipal submissions shall include the final text for each ordinance. The board shall act to review and confirm proposed municipal ordinances 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 ordinances. The board's review shall be limited to a confirmation that the local ordinance complies with RSA 155-A:3, and a verification with the state fire marshal that there is no conflict with the fire code.
(d) Once an ordinance is approved by the legislative body, the municipality shall submit documentation to the building code review board within 30 days, pursuant to subparagraph (c), that the public hearing was properly noticed and held, and that the provision was adopted by the local legislative body.
(e) [Repealed.]
(f) Ordinances adopted by municipalities, submitted to the board, and confirmed by the board, shall be published by the board after notification of adoption is received from the municipality.
V. The board shall maintain a publicly accessible list of applicable building codes and amendments to such codes. Amendments proposed by municipalities shall be listed, with specific applicability if not statewide.
VI. The state building code review board shall not adopt or enforce any rule requiring the installation of fire sprinkler systems in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. This paragraph shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
VII. Members of the board shall receive mileage at the rate established in the United States Internal Revenue Code and Regulations when attending meetings of the board for the round trip distance from their residences to the location of the board meeting.
Source.Source. 2002, 8:3; 270:4. 2003, 245:3, 4, 6. 2007, 11:1, 2. 2010, 282:3. 2012, 242:15. 2013, 64:1, eff. June 6, 2013; 275:10, eff. July 1, 2013. 2015, 276:197, eff. July 1, 2015. 2018, 181:2, eff. Aug. 7, 2018. 2019, 219:1, 2, eff. Aug. 11, 2019. 2021, 91:221, eff. July 1, 2021. 2022, 242:3, eff. Jan. 1, 2023; 311:11, eff. Jan. 1, 2023 at 12:01 a.m. 2024, 40:6, eff. July 1, 2024; 133:2-4, 7, IV, eff. Sept. 1, 2024. 2025, 276:9, eff. July 1, 2026.
Section 155-A:10-a
155-A:10-a Energy Code Compliance Form. –
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 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.
Source. 2018, 181:1, eff. Aug. 7, 2018. 2021, 91:224, eff. July 1, 2021. 2024, 133:5, eff. Sept. 1, 2024. 2026, 318:15, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:11
155-A:11 Appeals of Decisions of the State Fire Marshal. –
I. Any person aggrieved by a decision of the state fire marshal relative to the application and enforcement of the state building code pursuant to RSA 153:8-a, I(a), or the state fire code, may appeal the decision to the board.
II. The board shall hold a hearing within 40 days of receipt of a complaint, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of a hearing.
Source. 2002, 8:3. 2012, 242:16, eff. June 18, 2012.
Section 155-A:11-a
155-A:11-a Appeal of Decisions. –
I. The board shall hear appeals of final decisions of the electricians' board established under RSA 319-C:4, the board of home inspectors established under RSA 310-A:186, and the mechanical licensing board established under RSA 153:27-a.
II. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties and shall render a decision within 30 days of the conclusion of the hearing.
Source. 2004, 257:55. 2008, 339:3. 2013, 275:11, eff. July 1, 2013. 2022, 314:27, eff. July 1, 2022. 2024, 133:6, eff. Sept. 1, 2024.
Section 155-A:11-b
155-A:11-b Appeal of Decisions of Local Building Code Board of Appeals. –
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.
II. An application for appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an alternative construction is proposed. The board shall not have authority to waive or grant variances to requirements of the code.
III. The board shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the board at the written request of one of the parties, and shall render a decision within 30 days of the conclusion of the hearing.
Source. 2019, 219:4, eff. Aug. 11, 2019. 2025, 186:3, eff. July 1, 2025; 276:10, eff. July 1, 2026. 2026, 318:16, eff. July 1, 2026 at 12:01 a.m.
Section 155-A:12
155-A:12 Appeal From Board's Decision. –
I. A party to the proceeding shall have the right to file a petition in the superior court of the county in which the building or structure is located to review the final order of the board within 30 days of the date of the final order.
II. At the earliest practical time, the court shall review the record as developed before the board, together with any written legal argument presented to the court. Based on that review, the court may affirm or reverse the decision of the board or order that oral argument be held. As justice may require, the court may remand the case to the board for further findings and rulings. The petition for appeal shall set forth all the grounds upon which the final order is sought to be overturned. Issues not raised by the appellant before the board shall not be raised before the superior court. The burden of proof shall be on the appellant to show that the decision of the board was clearly unreasonable or unlawful.
III. No new or additional evidence shall be introduced in the superior court, but the case shall be determined upon the record and evidence transferred, except that in any case, if justice requires the review of evidence which by reason of accident, mistake, or misfortune could not have been offered before the board, the superior court shall remand the case to the board to receive and consider such additional evidence.
Source. 2002, 8:3, eff. Sept. 14, 2002.
Section 155-A:13
155-A:13 Building Requirements for State Funded Buildings. –
I. Any new construction, reconstruction, alteration, or maintenance in any state owned building, plant, fixture, or facility, meeting the definition of "project" in RSA 21-I:78, considered a major project under RSA 21-I:80, and constructed using any state funding, shall meet a high performance, energy efficient, sustainable design standard determined by the commissioners of the department of environmental services and the department of administrative services, in consultation with the division of historic resources and the community college system, that shows the building or structure can recoup the incremental costs of implementing the requirements of this section as measured by reduced energy costs over a 10-year period of time.
II. The following construction or renovation projects shall be exempt from the requirements of paragraphs I:
(a) A building or structure that is less than 25,000 square feet.
(b) A building or structure that does not consume energy for heating, ventilating, or air conditioning.
(c) A renovation or modification that is estimated to cost less than $1,000,000.
(d) Temporary structures.
(e) Public school facilities that are subject to RSA 198:15-c.
(f) The university system of New Hampshire.
(g) Projects employing new, innovative, or experimental energy efficient technology that may not recoup their incremental costs within 10 years, as may be determined by the commissioner of the department of administrative services to be in the best interest of the state.
III. The material specification of any state-funded building in New Hampshire shall give preference to lumber harvested in the United States, unless design criteria necessitates utilizing imported sourcing.
IV. Construction drawings or design specifications utilizing softwood framing lumber harvested in the United States shall reference United States-sourced spruce-pine-fir lumber (SPFs).
Source. 2010, 347:1, eff. July 1, 2011. 2026, 193:1, eff. Aug. 18, 2026.
Section 155-A:14
155-A:14 Youth Recreation Camp Cabins. –
I. Residential cabins in youth recreation camps as defined in RSA 170-E:55 shall meet the applicable existing chapter in the state building code, provided however, that no new or renovated structures used as youth recreation camp cabins shall require automatic sprinkler systems. For purposes of this section only, all new residential facilities for youth summer recreation camps shall be limited to 2 stories above grade.
II. Residential cabins shall not be required to have electrical, mechanical, or plumbing. However, if a residential cabin does have such system the applicable state building code shall be followed.
Source. 2025, 227:1, eff. Sept. 13, 2025.
Section 155-A:15
[RSA 155-A:15 effective October 15, 2026.]
155-A:15 Use of Spruce-Pine-Fir (SPF) Lumber and Spruce-Pine-Fir-South (SPFS) Lumber. –
I. For purposes of the state building code, spruce-pine-fir south (SPFS) lumber harvested and milled in New Hampshire and graded either by a grader permitted under RSA 426:18 or by an American Lumber Standard Committee (ALSC) accredited agency shall be accepted wherever spruce-pine-fir (SPF) is specified.
II. Structural design and inspection shall use the published SPFS design values for the grade and size provided.
III. Where a code evaluation report, product listing, or manufacturer's installation instructions differentiate allowable loads or limitations by lumber species group, the allowable loads corresponding to the installed species group shall be used. When SPFS lumber is installed, the values for SPFS shall govern. This requirement shall apply, but not be limited to, structural connectors, hangers, fasteners, truss plates, adhesives, and proprietary systems.
IV. Municipalities shall accept either a native lumber certificate pursuant to RSA 426:18 or an ALSC grade stamp as sufficient proof of grade.
V. Nothing herein shall prevent a licensed architect or engineer from specifying higher strength materials if required for safety and structural integrity of a structure. Licensed architects and structural engineers shall also consider and shall provide alternative options of construction utilizing SPFS lumber.
VI. This section shall not be construed to prohibit the use of SPF lumber graded by an ALSC accredited agency.
Source. 2026, 32:2, eff. Oct. 19, 2026; 77:2, eff. Nov. 14, 2026.
Section 155-A:16
[RSA 155-A:16 effective pursuant to 2026, 262:6 on the date the commissioner of the department of energy certifies to the director of the office of legislative services and the secretary of state that a nationally recognized standard exists authorizing plug-in solar systems to be safely connected to a building's electrical system.]
155-A:16 Plug-In Solar Generation Systems. –
I. The building code review board shall amend the state building code to address the building and the building's electrical system when a plug-in solar generation system is used.
II. Each plug-in solar generation system shall be installed and operated in accordance with the state building code and manufacturer instructions.
Source. 2026, 262:3, eff. contingent.