NH Building Code Enforcement Begins
The history of building code enforcement in NH started with RSA 156 in 1893.
Chapter 156
Inspectors of Buildings, Approval of Building Plans
156:1 Appointment; By-Laws. Any city or town may appoint an inspector of buildings for such city or town, prescribe his duties, and fix his compensation, and may then, by ordinance or by-law, prescribe regulations for the construction, remodeling and maintenance of all buildings in such city or town; and thereafter all buildings erected or remodeled therein shall conform to such regulations.
Source: 1893, 40:1. 1903, 136:1 PL 147:16. RL 176:17. RSA 156:1. 1975, 31:1, eff. May 16, 1975
156:2 Building Plans. Any person who shall intend to erect or remodel any building, in any city or town which has appointed a building inspector, shall, before so doing, submit the plans therefor to such inspector for his examination and approval, under the regulations prescribed by the city or town.
Source. 1893, 40:2. 1903, 163:2. PL 147:17. RL 176:18.
156:3 Approval of Plans. No building shall be erected or remodeled in any such city or town without the approval of the plans therefor by such inspector, after due consideration of any written recommendations of the fire chief, so far as the same relate to the building rules of such city or town or the safety of such building after erection for the purpose which it is designed.
Source. 1893, 40:2. 1903, 136:2. PL 147:18. RL 176:19. RSA 156:3. 1975, 316:1, eff. Aug. 6, 1975
156:3-a Building Permits to be withheld in Certain Cases. The building inspector shall not issue any building permit after the first legal notice or proposed changes in the building code has been posted pursuant to the provisions of RSA 156-A:1-a, I, or the first legal notice of proposed changes in the zoning ordinance has been posted pursuant to the provisions of RSA 31:63-a, if the proposed changes in the building code or the zoning ordinance would, if adopted, justify refusal of such a permit. After final action has been taken on the proposed changes in the building code or zoning ordinance, the building inspector shall issue or refuse to issue such a permit which has been held in abeyance pursuant to this section.
Source. 1969, 248:1, eff. Aug 12, 1969.
156:3-b Building Permits Restricted. The building inspector shall not issue any building or occupancy permit for any proposed construction, remodeling or maintenance which will not comply with any or all zoning ordinances, building codes or planning board regulations which are in effect, unless written approval for such issuance has been granted pursuant to the provisions of RSA 146: 4-a or 4-b. If any building inspector is found in a prosecution for the violation of RSA 643:1 to have issued any permit contrary to the provisions of this section, it shall be prima facie evidence that he has knowingly refrained from performing a duty imposed on him by law.
Source. 1975, 31:2. Eff. May 16, 1975
156:4 Appeal.
[Repealed 1959, 205:2, eff. Sept. 27, 1959.]
156:4-a Board of Appeal. An ordinance or by-law adopted pursuant to the provisions of RSA 156:1 may provide for a board to be called the board of appeal which shall have the power, by vote of a majority of its members, upon an appeal filed with it by any person aggrieved by any decision of the inspector of buildings, to vary the application of any provision of the building regulations to any particular case, when in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of such building regulations of public interest.
Source. 1959, 205:1, eff. Sept. 27, 1959
156:4-b Board of Appeal or Board of Selectmen as Board of Appeal. If a board of adjustment is created under a local zoning ordinance, the powers of a board of appeal under RSA 156:4-a may be vested in the board of adjustment by the legislative body of the municipality. If a board of appeal is not provided for under RSA 156:1 and the powers of a board of appeals have not been vested in a board of adjustment under this section, the powers of a board of appeal under RSA 156:4-a shall be vested in the board of selectmen.
Source. 1959, 205:1. 1975, 31:3, eff. May 19, 1975.
156:4-c Appeal. Any person aggrieved by a decision of building inspector may appeal said decision only to the board of appeal, board of adjustment or board of selectmen pursuant to RSA 156:4-a and 4-b. Any person aggrieved by a decision of any said boards may appeal said decision to the superior court for the county and said court shall make such orders as justice may require.
Source. 1959, 205:1. 1967, 132:9. 1975, 31:4, eff. May 16, 1975.
156:5 Penalty. Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1893, 40:3. PL 147:20. RL 176:21. RSA 156:5. 1973, 529:28, eff. At 11:59 P.M., Oct. 31, 1973
It is important to note these statutes dealt with local code enforcement but prior to this in 1883 a new statute was created to deal with public buildings RSA 155. If one reads through the entire statute of 155 it really was the beginning of fire safety codes, but it was originally at the local level. Keep in mind when reading section only look at the ones with the original adoption date of 1883 to find this pattern. (IMO)
155:1 Bylaws. – Town and village districts may make bylaws requiring factories, hotels, tenement houses, public buildings, schoolhouses, places of assembly as defined in RSA 155:17, I, and other buildings used as places of public resort in their towns, to be so erected as not to endanger the health and safety of persons who may occupy them; however, any bylaw relative to safety from fire in buildings and structures adopted by a town or village district of the state shall conform to the life safety code, which is in effect at the time the bylaw is adopted and as promulgated by the state fire marshal; such bylaw may provide for local inspections and enforcement and shall include assistance of the state fire marshal where required.
Source. 1883, 94:1. PS 116:1. 1925, 151:1. PL 147:1. RL 176:1. RSA 155:1. 1973, 107:1, eff. July 7, 1973.
155:3 Inspection. – The firewards and engineers, if any, otherwise the selectmen of the town or the commissioners of the village district, as the case may be, shall constitute a board for the inspection of the buildings and halls mentioned in RSA 155:1, and shall inspect the same from time to time.
Source. 1883, 94:4. PS 116:3. PL 147:3. RL 176:3.
In 1984 156 was repealed and replaced with 674:51 leaving no overall governing state statute which led to the wide spread of disharmony of both editions and actual building codes being used in the state. The majority of jurisdiction were using BOCA, but some were using CABO for 1 & 2 family dwelling units and as noted the editions were all over the place and none of them matched what the state fire marshal’s office used for modular construction.
After many attempts finally in 2002 the NH legislature created RSA 155-A.