reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:64 - Purpose.

155:64 Purpose. –
The purpose of this subdivision is to protect the health of the public by regulating smoking in enclosed workplaces and enclosed places accessible to the public, regardless of whether publicly or privately owned, and in enclosed publicly owned buildings and offices. This subdivision also regulates smoking in public housing facilities, health care facilities, public primary and secondary educational facilities, and in public conveyances operating within the state. This subdivision shall not be construed as addressing airborne contaminants including toxic, chemical, or biological substances that may be present in indoor air other than tobacco smoke.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:66 - Smoking Prohibited.

155:66 Smoking Prohibited. –
I. Except as provided in RSA 155:67 and notwithstanding any law to the contrary, smoking is prohibited in:
(a) Public educational facilities at any time, and in child care agencies licensed under RSA 170-E during the hours of operation, except foster family homes and foster family group homes.
(b) Hospitals and other acute care facilities.
(c) Grocery stores by customers.
(d) Elevators, tramways, gondolas, and other such public conveyances.
(e) Public conveyances.
(f) Restaurants.
(g) Cocktail lounges.
(h) Enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public. Purposes for which such places may be open to the general public may include, but not be limited to, public meetings, voting, suppers, bingo games, theatrical events, fairs, and bazaars.
II. Smoking may be permitted in enclosed places of public access and publicly-owned buildings and offices, including workplaces, other than those listed in paragraph I, in effectively segregated smoking-permitted areas designated by the person in charge. Smoking shall be totally prohibited in any such enclosed place, if smoking cannot be effectively segregated. The person in charge may declare any facility non-smoking in its entirety.
Source.
1990, 236:2. 2007, 203:3, eff. Sept. 17, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:67 - Exemptions.

155:67 Exemptions. –
The following shall be exempted from the requirements of this subdivision:
I. Public conveyances rented for private purposes.
II. Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or when they are rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not the organization.
III. Guest rooms of hotels, motels and resorts.
IV. Halls, ballrooms, dining rooms and conference rooms of hotels, motels, restaurants, resorts, and publicly accessible buildings or portions thereof, excluding those that are publicly owned, when rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the facility.
V. Resident rooms in dormitories operated by postsecondary educational institutions, but such dormitories shall follow any appropriate procedures established under RSA 155:71, I.
VI. Resident rooms in public housing facilities, but such facilities shall follow any appropriate procedures established under RSA 155:71, I.
VII. Resident rooms in facilities such as nursing homes, sheltered care facilities, and residential treatment and rehabilitation facilities, and prisons and detention facilities, but such facilities shall follow any appropriate procedures established under RSA 155:71, I.
VIII. [Repealed.]
IX. [Repealed.]
X. Health care facilities, except for hospitals and other acute care facilities, provided that the health care facilities shall follow any appropriate procedures established under RSA 155:71, I.
XI. Patients with extraordinary medical conditions, psychiatric disorders, or patients in an alcohol and drug withdrawal program, provided that the patient's physician has written a prescription or an order allowing the patient to smoke.
Source.
1990, 236:2. 2007, 203:4, I, II, eff. Sept. 17, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:68 - Written Policies.

155:68 Written Policies. –
The person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written policies in accordance with RSA 155:71, to achieve compliance with this subdivision. Such policies shall include, but not be limited to, the following:
I. If smoking is completely prohibited in any enclosed workplace, enclosed place of public ownership, or enclosed place accessible to the public, then the written policy shall state that smoking is prohibited in the entire facility.
II. If smoking-permitted areas are to be designated in any enclosed area identified in RSA 155:66, then the written policy shall state, in addition to the requirements of RSA 155:69, that smoking is permitted only in designated smoking-permitted areas and shall specify the area or areas where smoking is permitted in the building or facility.
III. Written policies regarding smoking restrictions shall be provided to, or posted, or otherwise made available to any person who works in or routinely uses any enclosed building or facility.
IV. Staff or employees subject to written policies regarding smoking restrictions in any enclosed building or facility shall receive orientation regarding the written policy to which they are required to adhere.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:69 - Smoking-Permitted Areas; Procedures.

155:69 Smoking-Permitted Areas;  Procedures. –
If smoking-permitted areas are to be designated pursuant to the policy under RSA 155:68, II, the person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written procedures in accordance with RSA 155:71, to achieve compliance with this subdivision. Such procedures may include, but not be limited to, the following:
I. Training procedures to assure that the provisions of this subdivision are understood.
II. Reviewing and arbitrating complaints.
III. Handling of persons who willfully continue to smoke in a "no smoking" area, after having been asked to stop smoking in that area.
IV. The special consideration which may be given to protect individuals who have a medical condition which is medically recognized and medically proven to be directly and adversely affected by tobacco smoke, including, but not limited to, an allergic reaction, as documented by an occupational physician.
V. Instructing security officers, ushers, receptionists, clerks, and other appropriate personnel to assist in ensuring compliance with this subdivision by asking those who smoke in designated "no smoking" areas to refrain from doing so, and to direct smokers to a smoking-permitted area, if appropriate.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:70 - Signs.

155:70 Signs. –
Signs shall be appropriately placed in all buildings and facilities regulated under this subdivision. Such signs shall state the smoking restrictions applicable to the building or facility, in accordance with RSA 155:68.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:71 - Rulemaking.

155:71 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria for smoking-permitted areas in a manner that effectively segregates areas, in accordance with RSA 155:65, V, where smoking may be permitted in the facilities under RSA 155:67, V, VI, VII, and X.
II. Size and placement of appropriate signs to be used for notification of smoking restrictions.
III. Procedures for resolving complaints and investigations of complaints under RSA 155:73 and 74.
IV. Procedures for requesting a waiver and eligibility determination for a waiver requested under RSA 155:75, and stipulations of a waiver, including time stipulation.
V. Procedures to ensure confidentiality under RSA 155:74.
VI. A schedule of administrative fines which may be imposed under RSA 155:78 for violation of this subdivision or the rules adopted pursuant to it.
VII. Procedures for notice prior to the imposition of an administrative fine imposed under RSA 155:78.
Source.
1990, 236:2. 1995, 310:183. 2008, 325:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:72 - Retaliation Prohibited; Applicability.

155:72 Retaliation Prohibited;  Applicability. –
I. No person in charge shall retaliate in any manner against, or otherwise discriminate against, a person, employee, or subordinate who exercises any rights under this subdivision or rules adopted pursuant to this subdivision, or by any policy or procedure promulgated under this subdivision for enclosed places.
II. Nothing in this subdivision shall be construed to authorize an employee to refuse to discharge his ordinary and customary duties in the workplace, including, but not limited to, entering a smoking-permitted area in the discharge of such duties.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:73 - Noncompliance.

155:73 Noncompliance. –
If an employee or user of a building or facility determines or believes that the person in charge or others are not complying with this subdivision or rules adopted pursuant to this subdivision, a complaint shall be registered with the person in charge. If the complaint is not resolved within one calendar month, the complainant may proceed under the complaint procedures established by the commissioner under RSA 155:71.
Source.
1990, 236:2. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:74 - Complaints; Investigations; Confidentiality.

155:74 Complaints;  Investigations;  Confidentiality. –
I. The commissioner or his or her designee shall investigate any complaint regarding noncompliance with the provisions of this subdivision or rules adopted under it. The investigation shall include a full opportunity for the person in charge to be informed of and to address the complaint.
II. The name of any person registering a complaint regarding noncompliance shall not be divulged by the department of health and human services in any correspondence or meetings, nor shall it be made available over the telephone, unless specific written approval has been given to do so by the complainant. All complaints, except names, shall be a public record for purposes of RSA 91-A. The name of any complainant who requests anonymity, however, shall not be revealed under RSA 91-A.
Source.
1990, 236:2. 1994, 412:17. 1995, 310:175, 183. 2008, 325:2, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:75 - Waiver.

155:75 Waiver. –
I. The person in charge may seek a period of time to comply with this subdivision by submitting a written request to the commissioner requesting a waiver, specifying the grounds for the waiver and the time period within which such enclosed place shall be subject to the provisions of this subdivision.
II. The person in charge shall have the burden to provide clear and convincing evidence to demonstrate that compelling reasons exist to necessitate a waiver; that the requested waiver will not jeopardize the health and well-being of those who habitually occupy the facility; or that the requirement in question causes undue hardship or interferes with other requirements imposed by policies of the facility in question.
III. The commissioner shall follow procedures adopted by rule in determining the eligibility for a waiver and the time period for which the waiver shall extend.
Source.
1990, 236:2. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:76 - Enforcement; Penalties.

155:76 Enforcement;  Penalties. –
I. The person in charge or his designee may call law enforcement authorities if any person refuses to refrain from smoking in an area where smoking is prohibited.
II. Any person who smokes in an enclosed public place where smoking is prohibited shall be guilty of a violation and subject to a fine of not less than $100.
III. Any person in charge who fails to comply with any of the provisions of this subdivision or rules adopted pursuant to it shall be subject to a fine imposed under RSA 155:78.
Source.
1990, 236:2. 1995, 310:175. 2008, 325:3, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:77 - Fire Protection, Safety and Sanitation.

155:77 Fire Protection, Safety and Sanitation. –
Nothing in this subdivision shall be construed to permit smoking where smoking is prohibited by any other provision of law or rule relative to fire protection, safety and sanitation.
Source.
1990, 236:2, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:78 - Administrative Fines.

155:78 Administrative Fines. –
The commissioner, after notice, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of not more than $100 per day for a first offense and not more than $200 per day for each subsequent offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The sums obtained from the levying of administrative fines under this section shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
2008, 325:4, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:79 - Definitions.

155:79 Definitions. –
In this subdivision:
I. "Physical disability" means a condition of physical incapacitation due to a developmental disability, organic brain damage, or mental illness or one or more physical or mental limitations that restricts a person's ability to perform the normal activities of daily living.
II. "Public building or facility" means any establishment with the capacity to serve 1,500 or more persons per day, including, but not limited to, places of exhibition or entertainment, including movie theaters, theaters, concert halls, sports arenas, and stadiums; shopping centers, shopping malls, or stores of at least 40,000 square feet; places of public display or collection, including museums, libraries, and galleries; places of recreation, including parks, zoos, and amusement parks; airports; bus stations; Interstate rest stops; places of education; hospitals; and rehabilitation centers.
III. "Universal changing station" means an enclosed family or assisted-use toilet facility containing a powered height adjustable adult changing table that is either floor or wall mounted with a safety rail and can be used by a person of either sex, with his or her care provider, for personal hygiene purposes.
Source.
2019, 333:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:80 - Universal Changing Station Required.

155:80 Universal Changing Station Required. –
I. A person, private firm, organization, corporation, or state government that operates a public building or facility shall install and maintain at least one universal changing station in a family restroom facility for persons of either sex who have a physical disability.
II. (a) The universal changing station shall measure at least 8 feet by 10 feet and per Americans with Disabilities Act governance and rules, adequate space for an electronic/full adult-sized wheelchair to maneuver; be equipped with a powered, height adjustable adult changing table, a waste receptacle, a toilet, a lavatory, a soap dispenser, and a paper towel dispenser; and comply with current Americans with Disabilities Act accessibility standards.
(b) The powered, height adjustable adult changing table in the universal changing station shall:
(1) Be able to lower to a height of no less than 8 inches and raise to height of no less than 34 inches.
(2) Be at least 25 inches wide by 72 inches in length.
(3) Support up to at least 350 pounds.
(c) The entrance to each universal changing station in the family restroom facility shall have accessible signage indicating the location of the changing station, and, if the building or venue has a central directory, the owner shall ensure that the central directory indicates the location of the universal changing station.
III. This subdivision shall apply to any public building or facility that is open to the public and is built on or after January 1, 2021.
Source.
2019, 333:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:81 - Definitions.

155:81 Definitions. –
In this subdivision:
I. "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel disease syndrome, or any other medical condition that requires the use of an ostomy device or immediate access to a toilet facility.
II. "Retail establishment" means a place of business open to the general public for the sale of goods or services.
Source.
2022, 295:3, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:82 - Restroom Access.

155:82 Restroom Access. –
A retail establishment that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of such place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the public, provided that the following conditions are met:
I. The individual requesting the use of the employee toilet facility suffers from an eligible medication condition or utilizes an ostomy device, as evidenced by a signed document from a health care provider, an identification card from a national association, or other reasonable evidence of a qualifying medical condition.
II. A public restroom is not immediately accessible to the customer.
III. The employee toilet facility is not located in an area where providing access would create a health or safety risk to the customer, and providing access to the toilet facility would not pose a risk to an employee or others in the retail establishment.
Source.
2022, 295:3, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155 - Factories, Tenements, Schoolhouses, and Places of Public Accommodation, Resort or Assembly › Section 155:83 - Public Playground Accessibility.

155:83 Public Playground Accessibility. –
Any public playground constructed on or after January 1, 2024 shall, in addition to meeting general safety standards and Americans With Disabilities Act standards, include accessible pathways made from resilient solid surface material that is not a loose fill or aggregate, beginning at the entrance of the playground, continuing to each piece of playground equipment, and extending to the playground exit.
Source.
2023, 196:1, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:3 - Local Amendments; Application.

155-A:3 Local Amendments;  Application. –
For a municipality which has adopted an enforcement mechanism or additional regulations to the state building code pursuant to RSA 674:51:
I. The municipality may adopt local amendments to the state building code pursuant to RSA 674:51. The issuance of permits and the collection of fees pursuant RSA 155-A:2, III and issuance of permits and certificates of occupancy pursuant to RSA 155-A:2, IV shall not be considered amendments to the building code and shall not be subject to RSA 674:51, II.
II. The procedure for amendment shall be in accordance with applicable statutes and local regulations.
III. At a minimum, the municipality shall ensure that implementation and enforcement includes:
(a) Review and acceptance of appropriate plans.
(b) Issuance of building permits.
(c) Inspection of the work authorized by the building permits.
(d) Issuance of appropriate use and occupancy certificates.
IV. (a) The provisions of this chapter and any local amendments under this section shall not be construed to restrict or encumber the local governing body's authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments.
(b) Any provision of the state building code that conflicts with existing or amended local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply provided that the ordinances, regulations, policies, practices, or procedures do not prevent effective enforcement of the state building code or state fire code.
V. Any ordinance adopted under RSA 674:51 by a local legislative body shall be submitted to the state building code review board for informational purposes.
Source.
2002, 8:3. 2012, 242:12, eff. June 18, 2012. 2022, 242:1, eff. Jan. 1, 2023; 311:6, July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:3-a - Code Requirements; Biomass Burning Boilers.

155-A:3-a Code Requirements;  Biomass Burning Boilers. –
I. Notwithstanding any provisions of the state building code or state fire code, the board shall review and recommend a code and amendments thereto which shall regulate the installation and operation of biomass burning boilers. The code adopted shall include the EN 303-5 standard established by the European Committee for Standardization, and shall include requirements for the safe installation, operation, and repair of such boilers, and for data plates and warning labels written in English, limits on temperature and pressure with associated relief valves, and the filing of construction and emissions specifications written in English.
II. The inspection procedures and enforcement requirements for the commissioner of labor in RSA 157-A shall apply to boilers installed according to the code and amendments adopted by the board under this section.
Source.
2010, 326:1, eff. Sept. 18, 2010. 2022, 311:7, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:3-b - Code Requirements; Log Structures.

155-A:3-b Code Requirements;  Log Structures. –
Notwithstanding any provisions of the state building code or state fire code, the state building code review board shall review and recommend amendments to the state building code regulating the design and construction of log structures. The adopted amendments shall include ICC 400 Standard on the Design and Construction of Log Structures.
Source.
2012, 189:1, eff. June 11, 2012. 2022, 311:7, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:3-c - Installation of Arc-Fault Circuit Interrupters (AFCI); Exception.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:4 - Permit Required.

155-A:4 Permit Required. –
I. Before starting new construction or renovation of buildings and structures 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 674:51 and RSA 47:22, the permit under this section shall conform to the locally adopted process. No permit shall be issued that would not result in compliance with the state building code and state fire code.
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.
Source.
2002, 8:3. 2012, 242:13, eff. June 18, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:5 - Accessibility Standards for Public Buildings; Purpose and Intent.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:5-b - Accessibility Certifiers and Inspectors; Penalty.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:7 - Enforcement Authority.

155-A:7 Enforcement Authority. –
I. The local enforcement agency appointed pursuant to RSA 674:51 or RSA 47:22 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.
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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:8 - Penalty.

155-A:8 Penalty. –
Fines, penalties, and remedies for violations of this chapter shall be the same as for violations of title LXIV, as stated in RSA 676:15 and 676:17.
Source.
2002, 8:3, eff. Sept. 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:9 - Fees.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:10-a - Energy Code Compliance Form.

155-A:10-a Energy Code Compliance Form. –
The state building code review board shall prescribe by rule and make available to the public, in electronic formats, a simplified residential energy code compliance form based upon the energy provisions in the International Residential Code and the International Energy Conservation Code identified in RSA 155-A:1. The correctly completed form shall be accepted by all code enforcement authorities within the state of New Hampshire as one method of verification that the applicable project meets the code requirements. Completed compliance forms shall be submitted to the building official in those municipalities that have adopted an enforcement mechanism under RSA 674:51. 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:11 - Appeals of Decisions of the State Fire Marshal.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:11-a - Appeal of Decisions.

155-A:11-a Appeal of Decisions. –
I. The board shall hear appeals of final decisions of the board established under RSA 319-C:4, the board established under RSA 310-A:186, and the 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:11-b - Appeal of Decisions of Local Building Code Board of Appeals.

155-A:11-b Appeal of Decisions of Local Building Code Board of Appeals. –
I. The board shall hear appeals of final decisions of any local building code board of appeals established under RSA 674.
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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:12 - Appeal From Board's Decision.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-A - New Hampshire Building Code › Section 155-A:13 - Building Requirements for State Funded Buildings.

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.
Source.
2010, 347:1, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:1 - Definitions.

155-B:1 Definitions. –
For the purposes of this chapter, the following terms have the following meanings:
I. "Building" includes any structure or part of a structure.
II. "Hazardous building" means any building which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.
III. "Governing body" means the city council or the selectmen of a town.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:2 - Repair or Removal of Hazardous Building.

155-B:2 Repair or Removal of Hazardous Building. –
The governing body of any city or town may order the owner of any hazardous building within the municipality to correct the hazardous condition of such building or to raze or remove the same.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:3 - Order; Contents.

155-B:3 Order;  Contents. –
The order shall state, in writing, the grounds therefor, specifying the necessary repairs, if any, and providing a reasonable time for compliance. It shall also state that a motion for summary enforcement of the order will be made to the court of the district or municipality in which the hazardous building is situated unless corrective action is taken, or unless an answer is filed within the time specified in RSA 155-B:6 and that any costs, attorney's fees, and expenses incurred by the municipality in bringing the property into compliance may be enforced as a lien against the subject property and any other property owned by the same owner in the state pursuant to RSA 155-B:9, II.
Source.
1967, 334:1. 2008, 293:1, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:4 - Order; Service.

155-B:4 Order;  Service. –
The order shall be served upon the owner of record, or his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by 4 weeks' publication in a published newspaper of the municipality if there is one, otherwise in a newspaper of general circulation in the state.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:5 - Order; Filing.

155-B:5 Order;  Filing. –
A copy of the order with proof of service shall be filed with the clerk of the court of the district or municipality in which the hazardous building is located not less than 5 days prior to the filing of a motion pursuant to RSA 155-B:7 to enforce the order. The appropriate district or municipal court shall have jurisdiction under this chapter notwithstanding any contrary provisions in RSA 502-A:14 or in any other section of RSA. At the time of filing such order the governing body shall file for record with the register of deeds a notice of the pendency of the proceeding, describing with the reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the governing body shall within 10 days thereafter file with the register of deeds a notice to that effect.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:6 - Answer.

155-B:6 Answer. –
Within 20 days from 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.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:7 - Default Cases.

155-B:7 Default Cases. –
If no answer is served, the governing body 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 cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:8 - Contested Cases.

155-B:8 Contested Cases. –
If an answer is filed and served as provided in RSA 155-B:6, further proceedings in the action shall be governed by the rules of civil procedure for the district or municipal courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building shall be destroyed or repaired, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The clerk of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:9 - Enforcement of Judgment.

155-B:9 Enforcement of Judgment. –
I. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed as set forth in the judgment. The cost of such repairs, razing, or removal shall be a lien against the real estate on which the building is located and may be levied and collected in the same manner as provided in RSA 80 for tax liens. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon 3 days' posted notice.
II. If the value of the subject real estate is deemed by the municipality to have insufficient value, based on the current tax assessment, to cover the cost of repairs, razing, or removal, the governing body may place a lien for the balance of the cost on any other real property in the state that is owned by the same owner, which additional lien may be levied and collected in the same manner as provided in RSA 80 for tax liens; provided that RSA 80:59 giving such liens priority over all other liens shall not apply. The municipal lien shall be subordinate to any lien of record on such real property.
Source.
1967, 334:1. 2008, 293:2, eff. June 27, 2008.