[HISTORY: Adopted by the Town of Conway 4-9-2024. Amendments noted where applicable.]
NH RSA Chapter 48-A: 1 through 48-A: 12 was adopted 3/9/1965
by the Annual Town Meeting (article 4), to establish Housing Standards
for the Town of Conway.
The purpose of this chapter is to:
The requirements of this chapter apply to all housing in the
Town of Conway, however inspection for compliance will only occur
for those properties that are either:
A.
Under construction for which a building permit has been applied for,
approved and issued.
B.
Rented for any duration (including short term, long term, and seasonal
rental properties) and any building configuration (single family homes,
duplexes, multifamily homes, group homes, or any other type of structure
that is used for overnight accommodations.
Pursuant to Section 48-A:8, the Town of Conway establishes the
following housing standards.
A.
One- and two-family home standards:
(1)
Address visibility: The address number shall be legible and visible
from the street or road frontage of the property. Address number shall
contrast with the background. Numbers shall not be spelled out. Each
character shall be no less than four inches in height with a stroke
width of not less than 0.5 inches.
(2)
Smoke alarms: Smoke alarms must be compliant with the NH Department
of Safety Office of the State Fire Marshal Bulletin # 2020-05 "Smoke
Alarm Device Requirements in Dwellings" or any superseding bulletins
or code updates.
(3)
Carbon monoxide detectors: Must be present on each level.
(4)
Means of egress: All occupiable areas of the home must have at least
one means of egress and one means of escape that must be compliant
with the NH Department of Safety Office of the State Fire Marshal
Bulletin # 2020-03 "Secondary Means of Escape - Egress Windows &
Doors" or any superseding bulletins, or code updates and HUD standards
for manufactured homes.
(5)
Heating appliance maintenance: Have gas and oil heating appliances
been serviced within the last 24 months?
(8)
Fire extinguishers: At least one 1A:5BC fire extinguisher available.
(9)
Fire pits: Must be installed and utilized according to RSA 227-L
"Woodland Fire Control Permits, Prohibitions, and Penalties" and require
a burn permit applied for by the occupant who is utilizing the fire
pit and issued by the local forest fire warden or fire department.
(10)
Grills: If present, charcoal grills, gas grills, and wood pellet
cookers are compliant with the NH Department of Safety Office of the
State Fire Marshal Bulletin # 2020-08 "Grilling Safety at Multi-Unit
Dwellings and One- and Two-Family Dwellings" or any superseding bulletins
or code updates and they may not be placed on any combustible surfaces
(for example but not limited to wood decking, composite decking, etc.)
The grill must be at least three feet from the structure.
B.
Multifamily housing standards.
(1)
Multifamily housing in the Town of Conway shall comply with the current
edition of the Life Safety Code, NFPA 101 as adopted by the State
of New Hampshire and the multifamily section of any applicable NH
Department of Safety Office of the State Fire Marshal Bulletins or
any superseding bulletins or code updates.
C.
Any property that has received a certificate of occupancy (CO) due
to the recent completion of construction will automatically receive
a CRC dated with the same date as the issuance of the CO and lasting
for three years.
D.
Any property who received a CO within three years of April 09, 2024
can receive a CRC without further inspection or fees that will be
good for three years from the date of the certificate of occupancy.
A.
Application and inspection scheduling: An owner or authorized owner's
representative of a rental property applies for a CRC by submitting
the form in Appendix 1[1] to the Conway Town Hall Code Compliance Department. A
completed application and fees received will render the property in
compliance. The Code Compliance Department will review the written
application and will respond within 10 business days with any questions
or concerns regarding the application if they exist. If there are
no questions or concerns, or after any questions or concerns are clarified,
the Town will reach out to the owner and appropriate Fire Chief to
schedule an inspection. Inspections shall be scheduled at least two
weeks in advance and shall be done with respect to tenant and landlord
schedule limitations. The inspection should be scheduled within two
months' time.
[1]
Editor's Note: Said appendix is on file in Town offices.
B.
Inspection process: At the time of the inspection, the landlord or
an owner's representative shall be present. The checklist included
in Appendix 2[2] shall be used to assess the property for compliance with
the housing standard regulations included in this chapter. If the
landlord or owner's representative is present for the inspection,
then they will be made aware verbally of anything that does not pass
inspection at the time of inspection.
[2]
Editor's Note: Said appendix is on file in Town offices.
C.
Post-inspection report and issuance of CRC: After the inspection
is complete, the inspecting fire department will create a written
report within 10 business days indicating the property has passed
inspection or indicating the property has failed inspection. If a
property fails inspection, the written report shall itemize each violation
that was identified and what was seen that caused them to determine
that the property was in violation of the regulations. This report
will be placed in the property's file at the Town of Conway and
the written report will be provided by either mail or email to the
property owner.
(1)
A property that does not pass inspection can either make improvements
in order to pass a follow-up inspection, or they can reply to the
Town of Conway staff to indicate they believe there has been either
a misunderstanding of the regulations as they apply to the property,
that they intend to apply for a waiver due to the historic nature
of the property, or that they plan to appeal directly to the Appeal
Board.
(a)
Owners that elect to make improvements needed to pass inspection
shall schedule a re-inspection within three months or submit documentation
to the Town demonstrating that the repair cannot be done within that
timeframe but is scheduled for completion. This documentation should
include the name of the contractor or tradesperson who is scheduled
to complete the work and the approximate timeframe.
A.
A fee will be paid at the time of registration. This fee is to cover
the administrative and inspection costs of the program and not to
create revenue for the Town of Conway.
(1)
One- and two-family home inspection for a single structure on one
lot: $375 with issuance of the CRC.
(2)
Mobile home parks and PUD/condominiums with single unit structures:
$500 with issuance of the CRC.
(3)
Multifamily homes with three to 11 units: $500 with issuance of the
CRC.
(4)
Multifamily homes with 12+ units: $375 annually.
(5)
Mixed-use structure inspections: (Reserved)
B.
The fee shall be waived for any property who is receiving their CRC
at the same time as a CO, as the inspection fees have been paid for
by the building permit fee. This shall also apply to buildings that
receive a CRC under a prior CO that was received within three years
of April 09, 2024.
A.
Pursuant to Section 48-A: 12, an owner of a property that is deemed
historic by listing on the National Register of Historic Places, the
State Register of Historic Places, is a contributing building to an
existing or eligible historic district, or a building which is more
than 50 years old and the preservation of which is in the public interest,
can ask the appeals board for a waiver from a standard in this chapter
which the board agrees is necessary to preserve the historic appearance
or function of the building and which does not significantly impact
the safety of building residents.
B.
Any long term rental property that has a lease that is active as
of 1/1/2024 may receive a waiver for noncompliance for work that cannot
be completed while the structure is occupied. Once the current tenant
no longer occupies the structure, the unit cannot be rented until
it is brought into compliance. A CRC can be issued based on this waiver
process for the specific tenant listed on the lease as of 1/1/2024.
C.
Other waivers may be granted by the Appeals Board if necessary.
A.
An initial CRC is good for three years and expires based on the address number of the property in the month listed in § 72-9C following the third-year.
B.
A second CRC issued to the same property and owner that receives
a fully compliant inspection will be good for seven years and will
be re-approved on a seven-year basis as long as no violations are
noted at subsequent inspections. Properties with a documented failed
inspection will be given a three-year renewal rather than a seven-year
renewal.
C.
Renewal month based on the last digit in the address number: January-1,
February-2, March-3, April-4, May-5, June-6, July-7, August-8, September-9,
October-0.
Fine for operating a rental without a certificate of rental
compliance: Fines will be issued in accordance with state statute.
A Housing Appeals Board will be formed by an appointment of
the Board of Selectmen.
A.
The Housing Appeals Board shall be composed of five members, including:
(1)
A general contractor with not fewer than 10 years of experience,
five of which have been in responsible charge of work.
(2)
A mechanical contractor with not fewer than 10 years of experience,
five of which have been in responsible charge of work.
(3)
An electrical contractor with not fewer than 10 years of experience,
five of which have been in responsible charge of work.
(4)
A plumbing or fire protection contractor with not fewer than 10 years
of experience, five of which have been in responsible charge of work.
(5)
A landlord who owns property in the Town of Conway.
B.
This board shall meet once on odd numbered months or monthly upon
receipt of application to review appeals to the violations of the
TOC Housing Standards that cannot be mediated or resolved with Town
Staff and the Fire Chief(s) directly.
C.
Appeals Board decisions can be appealed to the Carroll County Superior
Court.
As used in this chapter, the following terms shall have the
meanings indicated:
The written approval issued by the Town of Conway to occupy
a structure or building.
The written approval issued by the Town of Conway to occupy rental housing within a structure or building, indicating that a rental property has been inspected by the fire chief and meets the Town of Conway Housing Standards according to Chapter 72.
A residentially occupied structure that provides two (separate)
living, sleeping, cooking and restroom facilities, usually occupied
by an individual or group of individuals occupying the structure or
either of the separate facilities as an individual or as a family.
Overnight accommodation for a family or group of people that
may be a single room, multiple rooms, and may or may not include a
kitchen or food preparation area.
Any occupancy of a residential structure such as but not
limited to single-family homes, duplexes, multifamily (three or more
individual units), group homes, or any type of structure that is used
for overnight accommodations for a time period greater than 30 days.
Any building that contains single-family, duplex and multifamily
housing in addition to one or more nonresidential occupancies.
A residentially occupied structure that provides three or
more (separate) living, sleeping, cooking and restroom facilities
with the individual (separate) facilities occupied by an individual
or group of individuals occupying the facility as an individual or
as a family.
A housing unit that is occupied by someone other than the
property owner in exchange for a fee.
Any occupancy of a residential structure such as but not
limited to single-family homes, duplexes, multifamily (three or more
individual units), group homes, or any type of structure that is used
for overnight accommodations for a time period up to 30 days.
A residentially occupied structure that provides living,
sleeping, individual cooking and restroom facilities, usually occupied
by an individual or group of individuals occupying the structure as
an individual or as a family.
