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State of New HampshireGovernor's Commission
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State of New HampshireGovernor's Commission
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Accessibility Codes that apply in New Hampshire
All new construction, renovations/alterations and additions must be accessible.
The Code for Barrier Free Design for the State of New Hampshire is listed in the Abfd rules, Part 303. The AB Code currently incorporates by reference the accessibility standards "Accessible and Usable Buildings and Facilities ANSI A117.1-1998" and will soon adopt the 2003 edition. These codes are available from the American National Standards Institute, Inc. and published by the International Code Council; 1-800-786-4452 or www.iccsafe.org.
According to NH RSA 275-C-16, it is unlawful for any state or local authority who reviews building plans or for any building inspector to knowingly and willingly approve the construction or opening of any building or facility which is not in compliance with the AB Code unless the Committee on Architectural Barrier-Free Design has issued a waiver specific to the project.
NH RSA 155-A describes the NH State Building Code. Effective August 17, 2007, this code now incorporates by reference the International Building Code (IBC) 2006. Accessibility is addressed in Chapters 11 and 34, which reference ANSI A117.1-2003. Additional information from the Building Code Review Board on codes that are applicable in New Hampshire and amendments can be found online at www.nh.gov/safety/boardsandcommissions/bldgcode/nhstatebldgcode.html.
IBC 2006 and ANSI 2003 are also available through the ICC.
Per NH RSA 155-A:2 II, the code requirements for means of egress is the Life Safety Code, which at this time is the 2003 version of NFPA Doc. No. 101, published by the National Fire and Protection Association. When there is a conflict between the state building code and the state fire code, the state fire code shall take precedence per NH RSA 155-A:2 III.
For compliance with fire safety measures, the State Fire Marshall is responsible for the approval of all plans for construction or revision of all state buildings and properties, including the university system, per NH RSA 153:8-a (I)(a).
The Americans with Disabilities Act - the 1990 Federal civil rights law - mandates accessibility for most new construction and alterations through the Code of Federal Regulations 28 CFR Part 36 - Revised 7/l/94 - known as the ADA Standards for Accessible Design (ADAAG). This standard may be found online at www.usdoj.gov/crt/ada/stdspdf.htm.
The U.S. Access Board 2004 version of the ADA Accessibility Guidelines, AB-ADAAG, can be found online at www.access-board.gov/ada-aba/index.htm. Using these guidelines is recommended; ABA-ADAAG has not yet been adopted by the U.S. Department of Justice and is not an enforceable code.
Other codes and regulations that may apply:
Section 504 of the Rehabilitation Act
Fair Housing Act Guidelines
Uniform Federal Accessibility Standards