This summer has seen a number of state legislative measures that affect the construction industry, both to update codes and to attempt to spark additional housing.
It was just a couple of years ago that New Hampshire updated its State Building Code to the 2018 versions of the International Building Code, International Residential Code and other related ICC codes governing construction. (Blog #115) On August 2, 2024, Governor Sununu signed into law an amendment of RSA 155-A that adopts the 2021 version of these codes. A summary of significant changes can be found here.
Effective on August 13, 2024, New Hampshire has also amended RSA 153 to transition from the 2018 to the 2021 National Fire Codes, NFPA 1 and NFPA 101. These codes apply to anyone “constructing, reconstructing, modifying, maintaining or operating any structure and all owners or occupants of existing structures or premises,” and to anyone “installing, modifying, operating or maintaining equipment or processes that are regulated under the provisions of NFPA 1.” There are a few exceptions to the 2021 updates continuing in effect the exceptions to earlier versions, primarily involving rooftop photovoltaic systems. A summary of significant changes can be found here.
Also new is a change to the ability of municipalities to modify the codes. Prior to the recent amendment municipalities could enact “additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code.” Now, any such local amendments must be submitted to the building code review board or the state fire marshal for review, and be “not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153.”
Other recent legislation is aimed at increasing housing stock and limiting local challenges to housing expansion. In May the Governor signed a bill which forbids municipalities from banning manufactured housing. In July the Governor signed a bill limiting the class of persons entitled to appeal to a Zoning Board of Adjustment, replacing “any person aggrieved” in RSA 676:5,I with “the applicant” and “an abutter.” Another change, signed into law by the Governor on August 23, 2024, prevents municipalities from requiring more than 1.5 spaces per unit for studio and one-bedroom apartments under 1,000 square feet, and for multifamily structures of 10 or more units. This could be a boon to space-challenged developers.
What’s coming? Polls indicate that affordable housing is the top issue on the minds of New Hampshire voters, and the gubernatorial candidates are acknowledging it, but without much in the way of concrete proposals. Most of them have mentioned that local planning and zoning regulations are often obstacles to residential development, so legislation to eliminate some of those obstacles can be anticipated.
One program already in place is the Housing Opportunity Planning (HOP) Grant Program, which has $2.9 million still available for municipalities to hire consultants to recommend pro-housing changes. Applications are due September 30, 2024. Federally, HUD’s “PRO” Housing Program has appropriated $100 million for competitive grant funding for the identification and removal of local regulatory barriers to affordable housing development. HUD’s application deadline is October 15, 2024.
A bill that didn’t make it into law, HB 1291, would have permitted up to two accessory dwelling units, one of which may be detached, to be constructed on privately owned lots zoned for single family use, regardless of local dimensional, setback or lot coverage ordinances. Massachusetts just enacted such a law as part of the Commonwealth’s comprehensive Affordable Homes Act.
It wouldn’t surprise me if New Hampshire followed suit in the upcoming session.
All of this legislation, however, will have a lesser effect on housing starts than market forces. If the price of lumber goes up – as it has started to do recently – the affordability of housing will diminish accordingly. Ditto for construction worker wage rates, which are also creeping up.
It was just a couple of years ago that New Hampshire updated its State Building Code to the 2018 versions of the International Building Code, International Residential Code and other related ICC codes governing construction. (Blog #115) On August 2, 2024, Governor Sununu signed into law an amendment of RSA 155-A that adopts the 2021 version of these codes. A summary of significant changes can be found here.
Effective on August 13, 2024, New Hampshire has also amended RSA 153 to transition from the 2018 to the 2021 National Fire Codes, NFPA 1 and NFPA 101. These codes apply to anyone “constructing, reconstructing, modifying, maintaining or operating any structure and all owners or occupants of existing structures or premises,” and to anyone “installing, modifying, operating or maintaining equipment or processes that are regulated under the provisions of NFPA 1.” There are a few exceptions to the 2021 updates continuing in effect the exceptions to earlier versions, primarily involving rooftop photovoltaic systems. A summary of significant changes can be found here.
Also new is a change to the ability of municipalities to modify the codes. Prior to the recent amendment municipalities could enact “additional regulations provided that such regulations are not less stringent than the requirements of the state building code and the state fire code.” Now, any such local amendments must be submitted to the building code review board or the state fire marshal for review, and be “not inconsistent with or less stringent than, nor intended to replace, the requirements of the most recent edition of the state building code adopted under RSA 155-A, or the state fire code adopted under RSA 153.”
Other recent legislation is aimed at increasing housing stock and limiting local challenges to housing expansion. In May the Governor signed a bill which forbids municipalities from banning manufactured housing. In July the Governor signed a bill limiting the class of persons entitled to appeal to a Zoning Board of Adjustment, replacing “any person aggrieved” in RSA 676:5,I with “the applicant” and “an abutter.” Another change, signed into law by the Governor on August 23, 2024, prevents municipalities from requiring more than 1.5 spaces per unit for studio and one-bedroom apartments under 1,000 square feet, and for multifamily structures of 10 or more units. This could be a boon to space-challenged developers.
What’s coming? Polls indicate that affordable housing is the top issue on the minds of New Hampshire voters, and the gubernatorial candidates are acknowledging it, but without much in the way of concrete proposals. Most of them have mentioned that local planning and zoning regulations are often obstacles to residential development, so legislation to eliminate some of those obstacles can be anticipated.
One program already in place is the Housing Opportunity Planning (HOP) Grant Program, which has $2.9 million still available for municipalities to hire consultants to recommend pro-housing changes. Applications are due September 30, 2024. Federally, HUD’s “PRO” Housing Program has appropriated $100 million for competitive grant funding for the identification and removal of local regulatory barriers to affordable housing development. HUD’s application deadline is October 15, 2024.
A bill that didn’t make it into law, HB 1291, would have permitted up to two accessory dwelling units, one of which may be detached, to be constructed on privately owned lots zoned for single family use, regardless of local dimensional, setback or lot coverage ordinances. Massachusetts just enacted such a law as part of the Commonwealth’s comprehensive Affordable Homes Act.
It wouldn’t surprise me if New Hampshire followed suit in the upcoming session.
All of this legislation, however, will have a lesser effect on housing starts than market forces. If the price of lumber goes up – as it has started to do recently – the affordability of housing will diminish accordingly. Ditto for construction worker wage rates, which are also creeping up.
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