HB 1065 - AS AMENDED BY THE SENATE

28Mar2024... 1046h

05/22/2024   2006s

2024 SESSION

24-2313

12/10

HOUSE BILL 1065

AN ACT relative to fire sprinkler requirements in residential buildings.

SPONSORS: Rep. Damon, Sull. 8; Rep. Alexander Jr., Hills. 29; Rep. Read, Rock. 10; Rep. McConkey, Carr. 8; Rep. Yokela, Rock. 32

COMMITTEE: Special Committee on Housing

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AMENDED ANALYSIS

This bill adds an exception to the state fire code for fire suppression or sprinkler system requirements for certain existing residential buildings with no more than 4 dwelling units and prohibits municipalities from adopting certain fire suppression device ordinances and regulations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1046h

05/22/2024   2006s 24-2313

12/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to fire sprinkler requirements in residential buildings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  State Fire Code and Rules; Fire suppression or Sprinkler Systems.  Amend RSA 153:5, IV to read as follows:

IV.  The state fire marshal may exempt a building, structure, or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety.  A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations.  Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the state fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than rules adopted by the state fire marshal.  However, counties, towns, cities, and village districts shall not adopt rules, regulations, or ordinances that are more stringent than the state fire code relative to residential sprinkler systems.

2  Local Land Use Planning and Regulatory Powers; Amending and Establishing Building Code and Enforcement Procedures; Fire Suppression Sprinklers.  Amend RSA 674:51, V to read as follows:

V. No municipality or local land use board as defined in RSA 672:7 shall adopt any ordinance, regulation, code, or administrative practice requiring the installation of automatic fire suppression sprinklers in any new or existing detached single family or 2-family dwelling unit in a structure used only for residential purposes, or in existing buildings that contain, or will contain, no more than 4 dwelling units, unless fire sprinklers are existing or are required by a nonresidential occupancy. Notwithstanding any provision of law to the contrary, no municipality or local land use board shall enforce any existing ordinance, regulation, code, or administrative practice requiring the installation or use of automatic fire suppression sprinklers in any manufactured housing unit as defined in RSA 674:31 situated in a manufactured housing park as defined in RSA 205-A:1, II. Nothing in this paragraph shall affect the ability of an applicant for a local land use permit to include the installation of fire suppression sprinklers pursuant to RSA 674:36, IV, or affect the validity or enforceability of such inclusion.

3  Effective Date.  This act shall take effect 60 days after its passage.