reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-B - Hazardous and Dilapidated Buildings › Section 155-B:9-a - Municipal Lien on Owner's Interest in Property Insurance Proceeds.

155-B:9-a Municipal Lien on Owner's Interest in Property Insurance Proceeds. –
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, and the owner has no other real property within the state, a municipality may assert a lien on the owner's interest in any real property insurance proceeds that are payable as a result of the damage or destruction of that property owner's real property located in the municipality. The lien shall be for the estimated cost to repair, raze, or remove the damaged structure, whichever of those options is the least expensive, minus the value in the remaining real property based on the current tax assessments. The municipal lien shall be subordinate to any lien holder of record, and to any rights, title, or interest in such real property insurance proceeds in favor of any lender holding a mortgage on such real property and who was named as an additional insured or loss payee, by means of loss payable endorsement or otherwise, on any policy of insurance insuring such real property. The insurer's obligations under this section shall commence upon its receipt of a copy of the order under RSA 155-B:4, and a statement of the estimated lien amount allowed under this section, and shall apply only to insurance proceeds held by the insurer as of that date and due to be paid to the owner. The lien, the estimated cost of which shall be approved by the court, shall be for the purpose of reimbursing the municipality for all costs permitted to be recovered by it under RSA 155-B if the municipality elects to demolish the property. Any unexpended funds from the lien shall be returned to the property owner. The property owner shall, within 72 hours of the receipt of a written request by the municipality, provide the municipality with the names, addresses, agents, and policy numbers of all insurance companies which have provided the property owner with insurance on the property. The lien shall automatically expire if the owner rebuilds or demolishes the real property in the manner required by this chapter and the municipality shall provide a written release of the lien to the insurer and the property owner. The insurer shall distribute all proceeds due to the property owner that exceed the lien amount allowed under this section. The municipality shall release the lien in order to permit payment for repairs, razing, or removal of the building.
Source.
2008, 293:3, 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:10 - Statement of Monies Received.

155-B:10 Statement of Monies Received. –
The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the order was originally made, and shall credit thereon the amount, if any, received from the sale of the salvage, or building or structure, and shall report its action under the order, with a statement of monies received and expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account, and, if the amount received from the sale of the salvage, or of the building or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. The owner or other party in interest shall pay the same, without penalty added thereon, and in default of payment by December 1, the clerk shall certify the amount of the expense to the collector for entry on the tax lists as a charge against the real estate on which the building is or was situated and the same shall be collected in the same manner as other taxes and the amount so collected shall be paid into the municipal treasury. If the amount received for the sale of the salvage or of the building or structure exceeds the expense incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the court shall direct the payment of the surplus to the owner or the payment of the same into court, as provided in this chapter. If there are delinquent taxes against the property, the court shall direct the payment of the surplus to the municipal treasurer to be applied to such taxes.
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:11 - Payment, Tender, Deposit in Court.

155-B:11 Payment, Tender, Deposit in Court. –
The net proceeds of a sale under RSA 155-B:9 or 12 shall be paid to persons designated in the judgment in the proportions as their interests shall appear therein. Acceptance of such payment shall be taken as a waiver of all objections to the payment and to the proceedings leading thereto on the part of the payee and of all persons for whom he is lawfully empowered to act. In case any party to whom a payment of damages is made be not a resident of the state, or his place of residence be unknown, or he be an infant or other person under legal disability, or, being legally capable, refuses to accept payment, or if for any reason it be doubtful to whom any payment should be paid, the municipality may pay the same to the clerk of court to be paid out under the direction of the court; and, unless an appeal be taken such deposit with the clerk shall be deemed a payment of the award.
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:12 - Personal Property of Fixtures.

155-B:12 Personal Property of Fixtures. –
If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of the governing body may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgment under the provisions of this chapter, it may sell the same at public auction as provided in RSA 155-B:9 or if without appreciable value, the governing body may destroy 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:13 - Hazardous Excavations.

155-B:13 Hazardous Excavations. –
If in any city or town, an excavation for building purposes is left open for more than 6 months without proceeding with the erection of a building thereon, whether or not completed, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the governing body may order such excavation to be filled or protected or in the alternative that erection of a building begin forthwith if the excavation is for building purposes. The order shall be served upon the owner or his agent in the manner provided by RSA 155-B:4. If the owner of the land fails to comply with the order within 15 days after the order is served upon him, the governing body shall cause the excavation to be filled to grade or protected and the cost shall be charged against the real estate as provided in RSA 155-B:9.
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:14 - Local Acts and Charter Provisions.

155-B:14 Local Acts and Charter Provisions. –
The provisions of this chapter are supplementary to other statutory and charter provisions and do not limit the authority of any city or town to enact and enforce ordinances on the same subject.
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:15 - Appeal.

155-B:15 Appeal. –
A party aggrieved by the judgment of a municipal or district court upon issue joined in such case may, within 15 days after the rendition of the judgment, appeal to the superior court therefrom and the superior court shall hear said appeal forthwith.
Source.
1967, 334:1, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:1 - Definitions.

155-E:1 Definitions. –
In this chapter:
I. "Earth" means sand, gravel, rock, soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally-occurring unconsolidated materials that normally mask the bedrock.
II. "Excavation" means a land area which is used, or has been used, for the commercial taking of earth, including all slopes.
III. "Regulator" means:
(a) The planning board of a city or town, or if a town at an annual or special meeting duly warned for the purpose so provides, the selectmen of the town or the board of adjustment; or
(b) If there is no planning board, the selectmen of the town or the legislative body of the city; or
(c) The county commissioners if the land area is in an unincorporated place.
IV. "Dimension stone" means rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in RSA 155-E:1, I.
V. "Excavation site" means any area of contiguous land in common ownership upon which excavation takes place.
VI. "Excavation area" means the surface area within an excavation site where excavation has occurred or is eligible to occur under the provisions of this chapter.
Source.
1979, 481:2. 1988, 285:6, 7. 1989, 363:2. 1991, 310:3. 2002, 103:9, eff. April 1, 2002 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:2-a - Other Exceptions.

155-E:2-a Other Exceptions. –
I. No permit shall be required for the following types of excavations:
(a) Excavation that is exclusively incidental to the construction or alteration of a building or structure or the construction or alteration of a parking lot or way including a driveway on a portion of the premises where the removal occurs; provided, however, that no such excavation shall be commenced without a permit under this chapter unless all state and local permits required for the construction or alteration of the building, structure, parking lot, or way have been issued.
(b) Excavation that is incidental to agricultural or silvicultural activities, normal landscaping, or minor topographical adjustment.
(c) Excavation from a granite quarry for the purpose of producing dimension stone, if such excavation requires a permit under RSA 12-E.
II. A person owning land abutting a site which was taken by eminent domain or by any other governmental taking upon which construction is taking place may stockpile earth taken from the construction site and may remove the earth at a later date after written notification to the appropriate local official.
Source.
1989, 363:4, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:3 - Application for Permit.

155-E:3 Application for Permit. –
Any owner or owner's designee subject to this chapter shall, prior to excavation of his land, apply to the regulator in each city or town involved for a permit for excavation. If the area subject to this chapter is situated in an unincorporated place application shall be made to the county commissioners. The applicant shall also send a copy of the application to the conservation commission, if any, of the city or town. Such application shall be signed and dated by the applicant and shall contain at least the following information:
I. The name and address of the owner of the land to be excavated, the person who will actually do the excavating and all abutters to the premises on which the excavation is proposed;
II. A sketch and description of the location and boundaries of the proposed excavation, the number of acres to be involved in the project and the municipalities and counties in which the project lies;
III. A sketch and description of the access and visual barriers to public highways to be utilized in the proposed excavation;
IV. The breadth, depth and slope of the proposed excavation and the estimated duration of the project;
V. The elevation of the highest annual average groundwater table within or next to the proposed excavation;
VI. A plan for the reclamation of the area affected by the excavation at least in compliance with RSA 155-E:5 and RSA 155-E:5-a. Such plan shall address the effects of the proposed excavation on soil, surface water and groundwater, vegetation, overburden, topography, and fill material, and may address future land use consistent with the approved master plan, and shall include a timetable for reclamation of fully depleted areas within the excavation site during said project;
VI-a. Specific actions to be taken by the applicant on the excavation site relative to fuel and chemical handling and storage, dust control, traffic, noise control and abatement, and comprehensive site safety of unauthorized persons; and
VII. Such other information or other special investigative studies as the regulator may reasonably deem necessary.
Source.
1979, 481:2. 1989, 363:5. 1991, 310:10, 11. 1996, 141:2, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:4 - Prohibited Projects.

155-E:4 Prohibited Projects. –
The regulator shall not grant a permit:
I. Where the excavation would violate the operational standards of RSA 155-E:4-a;
II. For excavation within 50 feet of the boundary of a disapproving abutter or within 10 feet of the boundary of an approving abutter unless approval is requested by said abutter;
III. When the excavation is not permitted by zoning or other applicable ordinance, provided, however, that in municipalities which have commercial earth resources on unimproved land within their boundaries, and which do not provide for opportunities for excavation of some of these resources in at least some, but not necessarily all areas within the municipality, or in municipalities which have zoning ordinances which do not address the subject of excavations, excavation shall be deemed to be a use allowed by special exception as provided in RSA 674:33, IV, in any non-residential areas of the municipality, and the zoning board of adjustment shall grant such a special exception upon a finding that:
(a) The excavation will not cause a diminution in area property value or unreasonably change the character of the neighborhood;
(b) The excavation will not unreasonably accelerate the deterioration of highways or create safety hazards in the use thereof;
(c) The excavation will not create any nuisance or create health or safety hazards; and
(d) The excavation complies with such other special exception criteria as may be set out in applicable local ordinances.
IV. When the issuance of the permit would be unduly hazardous or injurious to the public welfare;
V. Where existing visual barriers in the areas specified in RSA 155-E:3, III would be removed, except to provide access to the excavation;
VI. Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey;
VII. When the excavation requires land use permits from state or federal agencies; but the regulator may approve the application when all necessary land use permits have been obtained; or
VIII. Where the project cannot comply with the reclamation provisions of RSA 155-E:5 and 155-E:5-a.
Source.
1979, 481:2. 1989, 138:5; 363:6-8. 1991, 310:12, 13, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:4-a - Minimum and Express Operational Standards.

155-E:4-a Minimum and Express Operational Standards. –
It shall be a violation of this chapter for any person to excavate, or for any owner to permit excavation on his excavation site, when such excavation is subject to a permit under this chapter, without complying with the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2 without complying with the following express standards:
I. No excavation shall be permitted below road level within 50 feet of the right of way of any public highway as defined in RSA 229:1 unless such excavation is for the purpose of said highway.
II. No excavation shall be permitted within 50 feet of the boundary of a disapproving abutter, within 150 feet of any dwelling which either existed or for which a building permit has been issued at the time the excavation is commenced.
II-a. No excavation shall be permitted within 75 feet of any great pond, navigable river, or any other standing body of water 10 acres or more in area or within 25 feet of any other stream, river or brook which normally flows throughout the year, or any naturally occurring standing body of water less than 10 acres, prime wetland as designated in accordance with RSA 482-A:15, I or any other wetland greater than 5 acres in area as defined by the department of environmental services.
III. Vegetation shall be maintained or provided within the peripheral areas required by paragraphs I and II.
IV. Drainage shall be maintained so as to prevent the accumulation of free-standing water for prolonged periods. Excavation practices which result in continued siltation of surface waters or any degradation of water quality of any public or private water supplies are prohibited.
V. No fuels, lubricants, or other toxic or polluting materials shall be stored on-site unless in compliance with state laws or rules pertaining to such materials.
VI. Where temporary slopes will exceed a grade of 1:1, a fence or other suitable barricade shall be erected to warn of danger or limit access to the site.
VII. Prior to the removal of topsoil or other overburden material from any land area that has not yet been excavated, the excavator shall file a reclamation bond or other security as prescribed by the regulator, sufficient to secure the reclamation of the land area to be excavated.
VIII. Nothing in this chapter shall be deemed to supersede or preempt applicable environmental standards or permit requirements contained in other state laws, and no exemption under this chapter shall be construed as an exemption from any other state statute.
Source.
1989, 363:9. 1991, 310:14-17. 1996, 296:36, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:5 - Minimum and Express Reclamation Standards.

155-E:5 Minimum and Express Reclamation Standards. –
Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2, to meet each of the following express standards:
I. Except for exposed rock ledge, all areas which have been affected by the excavation or otherwise stripped of vegetation shall be spread with topsoil or strippings, if any, but in any case covered by soil capable of sustaining vegetation, and shall be planted with seedlings or grass suitable to prevent erosion. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.
II. Earth and vegetative debris resulting from the excavation shall be removed or otherwise lawfully disposed of.
III. All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a ratio of horizontal to vertical proposed by the owner and approved by the regulator. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.
IV. The elimination of any standing bodies of water created in the excavation project as may constitute a hazard to health and safety.
V. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the natural proportions of flow. For excavation projects which require a permit from the department of environmental services pursuant to RSA 485-A:17, the provisions of that statute, and rules adopted under it, shall supersede this paragraph as to areas of excavation sites covered thereby. The excavator shall file a copy of permits issued under RSA 485-A:17 with the regulator.
Source.
1979, 481:2. 1989, 363:10. 1991, 310:18-20. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:5-a - Incremental Reclamation.

155-E:5-a Incremental Reclamation. –
Except for excavation sites of operating stationary manufacturing plants, any excavated area of 5 contiguous acres or more, which is depleted of commercial earth materials, excluding bedrock, or any excavation from which earth materials of sufficient weight or volume to be commercially useful have not been removed for a 2-year period, shall be reclaimed in accordance with RSA 155-E:5, within 12 months following such depletion or 2-year non-use, regardless of whether other excavation is occurring on adjacent land in contiguous ownership. Each operator, other than the operator of stationary manufacturing plants which are exempt from permit requirements pursuant to RSA 155-E:2, III, shall prepare and submit for the regulator's record a reclamation plan for the affected land, including a timetable for reclamation of the depleted areas within the reclamation site.
Source.
1989, 363:11. 1991, 310:21, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:5-b - Exceptions.

155-E:5-b Exceptions. –
The regulator, upon application and following a hearing held in accordance with RSA 155-E:7, may grant an exception in writing to the standards contained in RSA 155-E:4-a, 155-E:5 and 155-E:5-a for good cause shown. The written decision shall state specifically what standards, if any, are being relaxed, and include reasonable alternative conditions or standards. The regulator's decision on any request for such exception may be appealed in accordance with RSA 155-E:9.
Source.
1989, 363:11, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:6 - Application for Amendment.

155-E:6 Application for Amendment. –
When the scope of a project for which an excavation permit has been issued is proposed to be altered so as to affect either the size or location of the excavation, the rate of removal or the plan for reclamation, the owner shall submit an application for amendment of his excavation permit which application shall be subject to approval in the same manner as provided for an excavation permit.
Source.
1979, 481:2. 1989, 363:12, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:7 - Hearing.

155-E:7 Hearing. –
Prior to the regulator approving an application for an excavation permit or an application for an amended excavation permit, a public hearing shall be held within 30 days on such application. A notice of said hearing shall be sent to all abutters and shall specify the grounds for the hearing as well as the date, time and place and at least 10 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city, town or unincorporated place wherein the proposed excavation is to be located and a legal notice thereof shall also be posted in at least 3 public places in such city, town or unincorporated place; the 10 days shall not include the day of publications nor the day of the meeting, but shall include any Saturdays, Sundays and legal holidays within said period. Within 20 days of said hearing or any continuation thereof, the regulator shall render a decision approving or disapproving the application, giving reasons for disapproval.
Source.
1979, 481:2. 2002, 89:1, eff. July 2, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:8 - Issuance of Permit.

155-E:8 Issuance of Permit. –
If the regulator after the public hearing approves the application for a permit and determines it is not prohibited by RSA 155-E:4 it shall, upon receipt of an excavation fee determined by the regulator not to exceed $50 and the posting of a bond or other such surety with the municipal treasurer in an amount, as it requires, reasonably sufficient to guarantee compliance with the permit, grant a permit to the applicant for an excavation. A copy of the permit shall be prominently posted at the excavation site or the principal access thereto. A permit shall not be assignable or transferable without the prior written consent of the regulator. A permit shall specify the date upon which it expires. The regulator may include in a permit such reasonable conditions as are consistent with the purpose of this chapter and may include requirements for a permit for excavation which are more stringent than the standards set forth in this chapter including the provision of visual barriers to the excavation.
Source.
1979, 481:2. 1991, 310:22, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:9 - Appeal.

155-E:9 Appeal. –
If the regulator disapproves or approves an application for an excavation permit or an application for an amended permit, any interested person affected by such decision may appeal to the regulator for a rehearing on such decision or any matter determined thereby. The motion for rehearing shall fully specify every ground upon which it is alleged that the decision or order complained of is unlawful or unreasonable and said appeal shall be filed within 10 days of the date of the decision appealed from. The regulator shall either grant or deny the request for rehearing within 10 days, and if the request is granted a rehearing shall be scheduled within 30 days. Any person affected by the regulator's decision on a motion for rehearing to the regulator may appeal in conformity with the procedures specified in RSA 677:4-15.
Source.
1979, 481:2. 1985, 103:2, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:10 - Enforcement.

155-E:10 Enforcement. –
I. The regulator or its duly authorized agent may suspend or revoke the permit of any person who has violated any provision of his permit or this chapter or made a material misstatement in the application upon which his permit was granted. Such suspension or revocation shall be subject to a motion for rehearing thereon and appeal in accordance with RSA 155-E:9
II. Fines, penalties, and remedies for violations of this chapter shall be the same as for violations of RSA title LXIV, as stated in RSA 676:15, 676:17, 676:17-a, and 676:17-b. In addition, the regulator or a person directly affected by such violation may seek an order from the superior court requiring the violator to cease and desist from violating any provision of a permit or this chapter and to take such action as may be necessary to comply with the permit and this chapter. If the superior court issues such an order, the superior court in its discretion may award all costs and attorneys' fees incurred in seeking such an order to the regulator or person directly affected by such violation.
III. To ascertain if there is compliance with this chapter, a permit issued hereunder or an order issued hereunder, the regulator or its duly authorized agent may enter upon any land on which there is reason to believe an excavation is being conducted or has been conducted since August 24, 1979.
IV. [Repealed.]
Source.
1979, 481:2. 1989, 363:13, 18. 1996, 141:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 155-E - Local Regulation Excavations › Section 155-E:11 - Regulations.

155-E:11 Regulations. –
I. The regulator may adopt such regulations as may be reasonably necessary to carry out the provisions of this chapter, including adopting a permit fee schedule. Whenever such local regulations differ from the provisions of this chapter, the provision which imposes the greater restriction or higher standard shall be controlling, except that no local regulation shall supersede the sole applicability of express standards under RSA 155-E:2, I, III, and IV.
II. Such regulations may include reasonable provisions for the protection of water resources, consistent with the municipality's local water resources management and protection plan developed under RSA 674:2, III(d). If such regulations prohibit excavations below a stated height above the water table, the regulations shall also contain a procedure whereby an exception to such prohibition shall be granted if the applicant demonstrates that such excavation will not adversely affect water quality, provided, however, that written notice of such exception shall be recorded in the registry of deeds, and one copy filed with the department of environmental services.
III. The regulator may impose reasonable fees to cover the costs of notice under RSA 155-E:7, and to cover its administrative expenses, review of documents, and other matters which may be required by particular applications or proceedings before the regulator under this chapter.
Source.
1979, 481:2. 1989, 363:14. 1991, 310:23. 1996, 141:3; 228:108. 2002, 178:7, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:1 - Title.

157-A:1 Title. –
This chapter shall be known and cited as the Boilers and Pressure Vessels Law and, except as otherwise provided in the chapter, shall apply to all boilers and pressure vessels.
Source.
1967, 236:1. 1988, 31:2, eff. May 23, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:2 - Definitions.

157-A:2 Definitions. –
In this chapter:
I. "Owner" means a person, partnership, association, or corporation who is the holder of title to, or who leases a boiler or boilers or pressure vessels from the holder of title to, a building in which there are a boiler or boilers or pressure vessels as defined in this section.
II. "Commissioner" means the commissioner of labor.
III. "Boiler" means a closed vessel in which water or other fluid is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. This term also includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" shall also include the apparatus by which heat is generated and all controls and safety devices associated with such apparatus or closed vessels.
IV. "Power boiler" means a boiler in which steam or other vapor (to be used externally to itself) is generated at a pressure of more than 15 psig.
V. "High pressure-high temperature boiler" means a boiler in which water or other fluid is heated and operating at pressures exceeding 160 psig or temperatures exceeding 250degree F.
VI. "Low pressure boiler" means a steam boiler operating at pressures not exceeding 15 psig, or a hot water heating boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250degree F.
VII. "Pressure vessel" means a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source.
VIII. "Certificate inspection" means an inspection, the report of which is used by the commissioner or the commissioner's authorized representative to decide whether or not a certificate, as provided by RSA 157-A:9, may be issued. This certificate inspection shall be an internal inspection when the construction permits; otherwise, it shall be an inspection as complete as possible.
Source.
1967, 236:1. 1988, 31:3, 4, 11. 1995, 142:1, 2, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:3 - Rules.

157-A:3 Rules. –
I. To carry out the purposes of this chapter, the commissioner shall formulate definitions and adopt rules under RSA 541-A consistent with:
(a) The boiler and pressure vessel code of the American Society of Mechanical Engineers and the National Board Inspection Code as published by the National Board of Boiler and Pressure Vessel Inspectors, with the amendments and interpretations thereto; and
(b) The code and amendments thereto adopted by the state building code review board pursuant to RSA 155-A:3-a.
I-a. In addition, the commissioner may adopt rules under RSA 541-A to facilitate administration and enforcement of this chapter and RSA 155-A:3-a.
II. All rules adopted by the commissioner under authority granted by this chapter shall be adopted as provided by RSA 541-A.
Source.
1967, 236:1. 1975, 441:5. 1983, 421:4. 1988, 31:5. 2010, 326:3, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:3-a - Charge for Inspection.

157-A:3-a Charge for Inspection. –
The commissioner shall charge $100 per hour for inspections performed by employees of the department of labor.
Source.
1983, 421:5. 1989, 408:22. 2005, 177:97, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:4 - New Boiler and Pressure Vessel Installation.

157-A:4 New Boiler and Pressure Vessel Installation. –
No boiler or pressure vessel which does not conform to the applicable codes and amendments thereto and the rules adopted by the commissioner governing new construction and installation shall be installed and operated in this state unless the boiler or pressure vessel is of special design or construction, and is not inconsistent with the spirit and safety objectives of such codes and rules, in which case a special installation and operating permit may at the commissioner's discretion be granted by the commissioner.
Source.
1967, 236:1. 1988, 31:6. 1995, 142:3. 2010, 326:4, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:5 - Existing Boiler and Pressure Vessel Installation.

157-A:5 Existing Boiler and Pressure Vessel Installation. –
I. The maximum allowable pressure of a boiler or of a pressure vessel shall be determined by the applicable sections of the code, amendments thereto, or rules under which it was constructed and stamped.
II. The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or API-ASME Code or EN 303-5 symbol shall be computed in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors.
III. This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules of the commissioner governing existing installations and, provided further, it has not been found upon inspection to be in an unsafe condition.
Source.
1967, 236:1. 1988, 31:7. 2010, 326:5, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:6 - Exemptions.

157-A:6 Exemptions. –
I. The inspection requirements of RSA 157-A:8, 9-a, and 10 shall not apply to buildings used exclusively as private residences or apartment houses of less than 3 family units.
II. This chapter shall not apply to the following boilers:
(a) Boilers under federal control, or United States Coast Guard control.
(b) Manually fired boilers for model locomotive, boat, tractor, stationary engines, or antique motor vehicles constructed or maintained only as a hobby for exhibition or educational or historical purposes, not for commercial use; provided that such boilers have an inside diameter of less than 12 inches or a grate area not in excess of 2 square feet and equipped with an ASME stamped safety valve of adequate capacity and size, a water level indicator and a pressure gauge.
(c) Boilers with less than 200,000 BTU/HR output in apartment houses.
III. This chapter shall not apply to the following pressure vessels:
(a) Pressure vessels under federal control, or United States Coast Guard control.
(b) Pressure vessels used for transportation or storage of compressed gases when constructed in compliance with specification of the Interstate Commerce Commission and when charged with gas, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the Interstate Commerce Commission.
(c) Air tanks located on vehicles operating under the rules of the states' authorities and used for carrying passengers or freight.
(d) Air tanks installed on the right of way of railroads and used directly in the operation of trains.
(e) Pressure vessels that do not exceed (1) 5 cubic feet in volume and 250 psig, (2) 1 1/2 cubic feet in volume or an inside diameter of 6 inches, and 3,000 psig.
(f) Pressure vessels operating at a working pressure not exceeding 15 psig.
(g) Water-containing vessels (excluding hot water heaters) having a working pressure not to exceed 125 psig including those with air, the compression of which serves only as a cushion.
(h) Tanks containing air and liquids in which pressure is maintained by pumps.
(i) Group I refrigerant receivers (A.S.H.R.A.E.).
IV. This chapter shall not apply to hot water heaters installed after the effective date of this act provided that none of the following limitations are exceeded:
(a) Heat input of 200,000 BTU/HR.
(b) Water temperature of 210 degrees Fahrenheit.
Source.
1967, 236:1. 1988, 31:8. 1995, 142:4, eff. July 23, 1995. 2014, 235:1, eff. Sept. 19, 2014. 2023, 79:94, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:7 - Inspectors.

157-A:7 Inspectors. –
I. A boiler and pressure vessel inspector shall hold an active National Board commission and be qualified by the commissioner of labor.
II. A license shall be issued by the commissioner to an inspector for a 1-year period. A fee of $30 shall be charged for the license. A license may be renewed every year upon payment of a fee of $20. Employees of the department of labor shall not be charged for the issuance or renewal of a license.
III. The commissioner may revoke any license issued by the commissioner for cause shown, after a hearing, if so requested. The holder of the license under question shall receive 7 days' written notice informing the holder of the charges against such holder and of the time and place of the hearing.
IV. Any boiler or pressure vessel that does not conform to the standards established under RSA 157-A:3 may be operated under the following conditions:
(a) Such boiler or vessel shall be operated only as a hobby or for educational or historical purposes. Under no condition may it be operated for commercial purposes.
(b) An inspection of such boiler or vessel shall be conducted annually by a person qualified under RSA 157-A:7 and in accordance with rules adopted by the commissioner.
(c) Such boiler or vessel shall conform to any conditions or restrictions established by the commissioner to carry out the purposes of this section.
(d) No lap seam boiler permitted under this section may be operated at a pressure exceeding 100 psig.
V. Upon application and with the permission of the commissioner, any person may temporarily operate a boiler or pressure vessel that is normally located outside this state and which does not conform to the standards under RSA 157-A:3 if:
(a) Such vessel or boiler is permitted to be operated under the laws or regulations or both of the state where it is normally located; and
(b) Such state laws and regulations equal or exceed the criteria in this state as promulgated under paragraph IV.
(c) The commissioner shall determine the permitted period of temporary operation; but, in no case, shall such period exceed 7 days.
VI. There is established the classified position of chief boiler inspector in the department of labor.
Source.
1967, 236:1. 1975, 441:1. 1978, 28:1. 1983, 421:6. 1988, 31:9, 11; 124:1. 1995, 142:5. 2004, 120:1, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:9 - Repealed by 1975, 441:4, eff. Aug. 19, 1975.

157-A:9 Repealed by 1975, 441:4, eff. Aug. 19, 1975. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:9-a - Inspection Reports and Certificates; Fee.

157-A:9-a Inspection Reports and Certificates;  Fee. –
I. Subsequent to the inspection of a boiler or pressure vessel, an inspector shall file with the commissioner an inspection report on a form prescribed by the commissioner indicating whether or not the inspected object is certifiable and shall communicate the results of such inspection to the owner or the owner's designee. When an object passes inspection, the commissioner shall furnish an inspection certificate to its owner or the owner's designee on a form prescribed by the commissioner. A fee of $50 shall be charged for each certificate. If the fee is not paid within 30 days of the date on which the certificate is issued, the certificate shall be void.
II. If the object fails the inspection, the inspector shall furnish the owner or the owner's designee an appropriate abstract of the statutory requirements and recommendations for repairs necessary to correct the deficiency.
III. Upon compliance with the recommendations of an inspector, either by repair or replacement, the owner of a boiler or vessel which has failed to pass inspection, or the owner's designee, shall notify the commissioner and inspector that the required repairs have been completed.
IV. The boiler or vessel shall, at the discretion of the inspector or the commissioner, then be reinspected in accordance with this section; and, upon finding compliance with the recommendations, an inspection certificate shall be furnished to the owner or the owner's designee.
V. Certificates shall be conspicuously displayed in the vicinity of the boiler or vessel.
Source.
1975, 441:2. 1983, 421:7. 1988, 31:11. 1989, 408:23. 2005, 177:98, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:10 - Requirement for Inspection Certificates; Penalty.

157-A:10 Requirement for Inspection Certificates;  Penalty. –
It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel except such boilers and vessels as are exempted by provision of RSA 157-A:6, without a valid inspection certificate. The operator of a boiler or pressure vessel without such certificate, or at a pressure exceeding that specified in such certificate, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1967, 236:1. 1973, 528:74. 1988, 31:11, eff. May 23, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:10-a - Civil Penalties.

157-A:10-a Civil Penalties. –
I. In addition to any criminal penalty provided under RSA 157-A:10, the commissioner may, after hearing, impose a civil penalty not to exceed $500, as determined by the commissioner, for any violation of any of the provisions of this chapter or of any rule adopted pursuant to this chapter. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d. All moneys collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. The commissioner shall conduct hearings in the manner required under rules adopted pursuant to RSA 541-A and 273:11-a, V.
Source.
1995, 142:7. 2011, 182:2, eff. Aug. 13, 2011; 224:53, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:12 - Appeals.

157-A:12 Appeals. –
Any owner aggrieved by an order or act of an inspector under this chapter may, within 15 days, appeal from such order or act to the commissioner. Within 30 days thereafter, the commissioner shall issue an appropriate order either approving or disapproving said order or act. A copy of said order by the commissioner shall be given to all interested parties. Within 30 days after any order or act of the commissioner, any person aggrieved thereby may file a petition in the appropriate county superior court. The court shall summarily hear the petition and may make any appropriate order or decree.
Source.
1967, 236:1, eff. Jan. 1, 1968.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-A - Boilers and Pressure Vessels › Section 157-A:13 - Repeal.

157-A:13 Repeal. –
RSA 157, relative to steam boilers, is hereby repealed. Any other act or parts of acts inconsistent with any provisions of this chapter are hereby repealed to the extent of such inconsistency.
Source.
1967, 236:1, eff. Jan. 1, 1968.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 157-B - Elevators and Accessibility Lifts › Section 157-B:1 - Title.

157-B:1 Title. –
This chapter may be called the "Elevator and Accessibility Lift Law."
Source.
1967, 310:1. 1997, 333:1, eff. Jan. 1, 1998.