Pursuant to the authority vested in towns by RSA 674:51, as amended, and all other enabling statutes and laws, including RSA 155-A:3, and to provide for safety, health, and public welfare in the Town of Rye, the following ordinance is hereby enacted by the voters of the Town of Rye, New Hampshire, in official Town Meeting convened on March 11, 2025. This Building Code replaces in its entirety the Building Code enacted on March 14, 2000, and the several amendments thereto.
A.
Title and construction. This code and the building regulations it contains shall be known and may be cited as the "Building Code of Rye, New Hampshire" and for short form may be referred to as the "code" and shall be construed to secure the beneficial interests thereof, which are public safety, health and welfare insofar as they are dependent upon the design, construction, maintenance, repair, alteration, enlargement, replacement, equipment, use and occupancy, relocation, removal and demolition of buildings and structures and their attendant sites or any connected or attached accessories to such buildings or structures. See International Residential Code (IRC) 101.2 and International Building Code (IBC) 101.2.
B.
Purpose of the Building Code. The purposes of this code are:
(1)
To establish the minimum requirements to provide a reasonable level of safety, health and public welfare through structural strength, means of egress, stability, sanitation, light and ventilation, energy conservation, and to protect life and property from fire hazards incident to the design, construction, maintenance, repair, alteration, removal or demolition of buildings and structures including to provide safety to firefighters and first responders (IRC 101.3 and IBC 101.3); and
C.
Scope. This code provides for matters concerning, affecting, or relating to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure of any appurtenances connected or attached to such buildings or structures (including swimming pools and tennis courts of all types) after the effective date of this ordinance or any applicable amendment thereto, of all structures in the Town of Rye, unless otherwise expressly exempt herein or under the provisions of the New Hampshire State Building Code, as defined by RSA 155-A:1. See IRC 101.2 and IBC 101.2. It shall be construed as operating in addition to and in companionship with Chapter 190, Zoning, and Chapter 202, Land Development Regulations, of the Town Code and in the Rye Beach District Zoning Ordinance and in other statutes or ordinances, or in rules promulgated under the provisions of this code but never to override or act as less stringent than the State Building Code. Wherever the word "Town" is used in this code, it shall be held to mean the Town of Rye, New Hampshire.
(1)
Buildings and structures affected. The provisions of this code shall apply to buildings or structures, as defined by Chapter 190, Zoning and to all structures identified by IRC R101.2 and IBC 101.2, whether on or in the land or over water, however placed, whether separate from or appurtenant to such buildings or structures and to their attendant sites. Such provisions shall apply with equal force to municipal, county or state buildings as they do to private buildings, except as may be specifically provided by statute or ordinance. In the event that the definition of building or structure under Chapter 190, Zoning is inconsistent with Section R101.2 of the IRC or Section 101.2 of the IBC, the stricter provision shall apply. The provisions of this code shall apply to the establishment, change or conversions of existing buildings and structures or portions thereof from one occupancy classification to another.
(2)
Activities covered. No building or structure shall hereafter be constructed, altered, repaired, relocated or removed except in conformity with the provisions of this code. No building shall be altered, maintained, occupied or used in any manner which would be in violation of the provisions of this code, the State Building Code or of any authorized rule or approval of the Building Inspector made and issued thereunder.
(3)
Flood hazard districts. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall comply with Chapter 60, Floodplain Management, of the Town Code. The map showing the Flood Hazard District is available in the Building Inspector's office.
(4)
Alteration of watercourses. If any party proposes to alter or relocate a watercourse, the applicant shall obtain the necessary state and local permits and approvals. The regulatory bodies include but are not limited to the New Hampshire Department of Environmental Services, the New Hampshire Wetlands Bureau, the U.S. Army Corps of Engineers and the Administrator of the Federal Flood Insurance Administration.
D.
Validity of other laws. Nothing in this code shall be construed to prevent the enforcement of other portions of these ordinances or state law which prescribe more restrictive limitations. The invalidity of any section or provision of this code or these building regulations hereby adopted shall not invalidate other sections or provisions thereof.
Except as otherwise specifically provided herein, the definition of terms as set forth in Article XI of Chapter 190, Zoning, of the Town Code are, for the purposes of this code, hereby adopted and made a part of this code unless in conflict with the State Building Code, in which case the more stringent provision shall prevail. Any and all amendments to or revisions of Article XI of Chapter 190, Zoning, as referred to above, that may be made from time to time are hereby adopted and made a part of this code.