RSA 155-A Signed Into Law
September 2003.
The effort to legislate a state-code building code began at least in the 1980’s and continued, unsuccessfully for about 20 years. Although a legislator was found that would support the necessary legislation, there was little to no interest in the general legislature to passing the idea and it usually died in committee as “inexpedient to legislate” (ITL).
Starting in the early 1980’s the NH Fire Marshal began referencing the BOCA Basic Building Code (1981) (RSA 155-A). At the same time the NH Attorney General defined Public Building as “any building space where the general public is allowed entry as a normal part of the operation and use of the building.” These two events may have spurred the attempts to create a state-wide building code separate from the Fire Marshal’s office.
Finally, around 2000, a legislator with enough political power, Rep. Bob Clegg, proposed legislation to adopt the 2000 edition of the International Building Code. He sought the support of the construction sector of the state and Ken Andrews, representing the building officials, Gary Abbott, Executive VP of the Association of General Contractors (AGC) and Jerry Tepe, AIA, representing the design professionals offered to assist.
Rep. Clegg owned several properties and apparently was fed up with having to deal with various and numerous different rulings when he wanted to develop and/or renovate the properties. He was particularly incensed that to appeal a ruling of the state fire code, your only avenue was to the Fire Marshal. This led to the unusual portion of RSA 155-A that gave the Building Code Review Board (BCRB) the duty to hear those appeals, but the board does not hear appeals to the building code. Rep. Clegg (then Senator Clegg) became the first chair of the BCRB.
The originally proposed legislation included the 2000 editions of the International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code and the National Electrical Code. It also established the Building Code Review Board to oversee, but not enforce, the code. I soon became apparent that there was legislative opposition to the Residential Code, so it was dropped, leaving only codes affecting commercial buildings.
After much effort, committee hearings, legislative failure (again) and repeated attempts, in 2002 RSA 155-A in a form very similar to what still exists today, was passed and signed by Governor Shaheen. The code itself was effective September 2003.
In 2003, after gaining support from the NH Home Builder’s Association, the International Residential Code was added. In 2009 the International Existing Building Code as added. The BCRB, following the original legislative mandates updated the code editions to the 2006 and then to the 2009. During the legislative process of affirming those updates, the legislature balked at the addition, in the Residential Code, to the inclusion of residential sprinklers in one- and two-family dwellings and rewrote the RSA to remove that power from the BCRB. At the same time, they also removed that power from the Fire Marshal to update editions of the NH Fire Code.