| General FAQs | Energy Code FAQs |
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| General FAQs |
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- When does the code take effect?
The 2000 International Building Code, 2000 International Plumbing Code, International 2000 Mechanical Code and 2000 International Energy Conservation Code and the 2002 National Electrical Code took effect for all buildings September 14, 2002, with compliance required by September 14, 2003.
The 2000 International Residential Code took effect July 8, 2006
The 2006 International Building Code, 2006 International Residential Code, 2006 International Plumbing Code, 2006 International Mechanical Code and 2006 International Energy Conservation Code are effective August 17, 2007
The National Electrical Code 2008 is effective July 1, 2008.
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- Does the code apply to all State buildings?
The State Building Code applies to all buildings in New Hampshire, however, the administration and enforcement of the State Building Code of State owned facilities is left with the State.
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- What codes are included in the State Building Code?
The State Building Code is defined as "adoption by reference of the International Building Code 2006, the International Plumbing Code 2006, the International Mechanical Code 2006, the International Energy Conservation Code 2006, and the International Residential Code 2006, as published by the International Code Council, and the National Electric Code 2008, as published by the National Electrical Code" NH State Building Code Amendments.
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- What about other code references in the ICC?
The State Building Code definition, RSA 155-A:1, IV, specifically excludes any other national code or model code referred to within a code listed in the definition of State Building Code, unless specifically included in the codes in the definition of State Building Code.
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- What about locally adopted codes that are different from the State Building Code?
The State Building Code supersedes any local building code requirement that is less stringent than the state building code. Counties, towns, cities, and village districts may adopt by ordinance any additional building code regulation so long as the regulation is not less stringent than the requirements of the State Building Code and may adopt by reference any ICC codes in addition to those referenced in the State Building Code, so long as it does not prohibit the implementation and enforcement of the State Building Code.
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- Are there any other state wide requirements?
Yes. All buildings, building components, and structures constructed in New Hampshire shall comply with both the State Building Code and the State Fire Code.
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- Are there any amendments?
Yes. The State Building Code Review Board ("Board") is empowered to approve all proposed modifications to the State Building Code by any other state agency, authority, board, or commission. In addition, the Board may change or update any State Building Code Manual, as it deems necessary. To view the amendments, please consult the NH State Building Code Amendments.
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- Has NH adopted a snow load standard that is different than required in the International Building Code?
No. Due to the lack of snow load data in the IBC and IRC for most NH towns, the Board voted to recommend the Cold Regions Research and Engineering Laboratory ERDC/CRREL TR-02-6 Ground Snow Loads for New Hampshire, US Army Corps of Engineers, as published in February 2002, be utilized as a standard. The report provides a compilation of case studies performed as required by, and in accordance with the IBC, for every town in NH. Acceptance of an alternative method of snow load determination is subject to the approval of the local jurisdiction. LINK TO REPORT 
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- What about accessibility and the ADA?
Accessibility is frequently monitored by state and local officials but the ADA requirements are typically the federal regulations adopted by the federal government. Local communities may have their own requirements as well. Accessibility is a concern and compliance is addressed through the review and inspection as set forth in the State Building Code for accessibility and ICC/ANSI A.117, as applicable. The NH State Building Code Review Board does not have jurisdiction over ADA issues and compliance.
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- If there is a conflict between the State Building Code and the State Fire Code, which one prevails?
If there is a conflict between the State Building Code and the State Fire Code, by statute, the State Fire Code takes precedence.
By statute, means of egress requirements are regulated by the Life Safety Code, NFPA 101, not Chapter 10 of the International Building Code.
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- Can a town or city adopt building code requirements in addition to the State Building Code?
Yes, towns and cities may adopt additional building code requirements provided they are more stringent than the State Building Code.
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- To whom does an applicant appeal for relief of a section of the Building Code?
All appeals with regard to the enforcement of the State Building Code by a local enforcement agency must be brought before the Building Code Board of Appeals of the municipality. . However, the State Building Review Board will hear appeals of decisions of the State Fire Marshal or his designee in enforcing provisions of the state building code.
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- If a municipality doesn’t have a building inspector, who does the inspections and who issues the certificate of occupancy as required by the code?
The New Hampshire Fire Marshal’s Office or its designee has the authority to enforce the State Building Code in towns where there is no local building inspector. The New Hampshire Fire Marshal’s Office issues Certificates of Occupancy only for State or University of New Hampshire System buildings. In towns where there is no local code enforcement, the contractor is required to notify the New Hampshire Fire Marshal’s Office prior to beginning construction.
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- In municipalities without building inspectors, do permit fees apply?
Local jurisdictions have the exclusive authority to require permits and adopt fees.
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- Does the State Building Code apply to 1 & 2 family dwellings?
Yes, the International Residential Code was adopted as part of the State Building Code on July 8, 2006.
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- Do any of the sub codes, i.e.: electrical, plumbing and mechanical apply to 1 & 2 family dwellings?
Yes. The International Residential Code 2006 applies to electrical, plumbing and mechanical systems in one-and two-family dwellings.
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- What other codes apply to one and two family dwellings?
The International Residential Code and the State Fire Code apply to one and two family dwellings.
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- What code applies to modular construction of one and two family dwellings which are built out of state and shipped to New Hampshire?
All modular construction of one and two family dwellings must comply with the International Residential Code. The State Fire Code includes additional requirements for manufacturers of modular buildings and for third-party inspections of modular buildings during construction. For further information concerning modular buildings, contact the NH State Fire Marshal’s Office.
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- Who enforces the State Building Code?
The local enforcement agency appointed pursuant to RSA 674.51 is authorized to enforce the State Building Code. In towns where there is no building inspector, the New Hampshire State Fire Marshal is authorized to enforce the State Building Code (pursuant to RSA 155-A:7, I).
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- Who enforces the State Building Code if there is no local inspection authority?
In jurisdictions that do not enforce the State Building Code, the State Fire Marshal or designee is authorized to enforce the State Building Code.
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- If my town code officials miss a code violation, can I sue the town?
The installing contractor is responsible for meeting the minimum requirements of the State Building Code.
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- Are there amendments to the State Building Code?
Yes. To view the amendments, please consult the NH State Building Code Amendments page.
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- What are the functions of the NH State Building Code Review Board?
The NH State Building Code Review Board
- reviews and assesses the State Building Code,
- recommends legislation to modify the requirements of the State Building Code,
- adopts rules to update or change the State Building Code,
- adopts rules for the Board’s operation and appeals process,
- hears appeals of variances or exceptions to the State Fire Code, and hears appeals of decisions of the State Fire Marshal’s Office when enforcing the State Building Code,
- hear appeals of final decisions of the Electricians’ Board, State Board for the Licensing and Regulation of Plumbers, and the Board of Home Inspectors.
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| Energy Code |
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- What energy codes apply in NH?
In accordance with RSA 155-A:1 IV, the International Energy Conservation Code 2006 (IECC2006) as amended is the energy code effective in the State of New Hampshire, with Chapter 4 applying to residential structures and Chapter 5 or ASHRAE 90.1-2004 applying to commercial. Chapter 11 of the International Residential Code 2006 reflects residential code requirements. See http://www.gencourt.state.nh.us/rsa/html/XII/155-A/155-A-1.htm.
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- Have amendments been made to the energy code?
Yes, the entire State of New Hampshire has been placed in Zone 6, the stricter of the two zones originally applying to NH. See other amendments .
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- How do I demonstrate compliance with the Residential Energy Code?
Compliance with the Residential Energy Code may be demonstrated by submission of the EC-1 form from the Public Utilities Commission. If the prescriptive requirements of the EC-1 cannot be met, such as with a log home, you may submit page one of the EC-1 form and a copy of a REScheck™ report with simple plans and a window schedule.
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- How do I obtain the REScheck software?
REScheck may be downloaded from the US Department of Energy. Note that "Code" in the Toolbar must be set to "New Hampshire". Correct completion of REScheck is difficult and should be avoided unless the EC-1 form cannot be used.
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- How do I demonstrate compliance with the Commercial Energy Code?
Generally, compliance with the Commercial Energy Code is demonstrated with the sign-off of a New Hampshire architect or engineer pursuant to RSA 155-D:4 VI and VII and Public Utility Commission Admin Rule 1803.03. Compliance of the design can be demonstrated with submission of a correctly prepared and calculated COMcheck™ report accompanied with plans. By amendment to the code small commercial structures (under 4000 sq ft) may demonstrate compliance with the Residential Code.
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- How do I obtain the COMcheck software?
COMcheck may be downloaded. Note that "Code" in the Toolbar must be set to "New Hampshire". Correct completion of COMcheck is a complex procedure and should be left to a professional designer, architect or engineer.
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- To whom do I submit my application?
Applications should generally be submitted directly to the community where the construction is contemplated unless the community has no specific building code in place in accordance with RSA 155-D:4 http://www.gencourt.state.nh.us/rsa/html/XII/155-D/155-D-4.htm . However, most cities and towns accept Public Utility Commission certification of energy code compliance.
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- Where can I obtain a copy of the energy code?
The code may be purchased from the International Code Council or from major booksellers.
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- How can I obtain technical information about the energy code?
Please contact your community’s building department or the
Public Utilities Commission
21 South Fruit Street, Suite 10
Concord NH 03301
(603) 271-6306
http://www.puc.nh.gov/EnergyCodes/energypg.htm
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