The City of Nashua promulgates this chapter
to establish minimum regulations governing the design, construction,
quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, and use or maintenance
of buildings and building systems in the City, providing for the issuance
of permits, collection of fees; making of inspections; and for the
enforcement of this chapter as provided by law.
If any section, subsection, sentence, clause
or phrase of this chapter is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of the remaining portions of this chapter. The City hereby declares
it would have passed this chapter, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
[Amended 5-27-2003 by Ord. No. O-03-169]
A. In conformity with RSA 676:12, the Building Official
shall not issue any building permit if application for such permit
is made after the first legal notice of proposed changes in the Building
Code or in the Zoning Ordinance has been posted as provided by law if the proposed changes
in the Building Code or the Zoning Ordinance would, if adopted, justify
refusal of such a permit. After final action has been taken on the
proposed changes in the Building Code or in the Zoning Ordinance,
the Building Official shall issue or refuse to issue a permit which
has been held in abeyance under this section pursuant to final action
under this section.
B. In the event that the Board of Aldermen does not act
within 120 days from the date of the posting of the legal notice of
any proposed change, any plan or permit affected by the operation
or application of this section will be deemed subject to passage or
issuance in accordance with RSA 676:12(V), provided that it complies
with all other criteria for approval.
C. The provisions of this section shall only apply once
in any two-year period.
D. The provisions of Subsections
A,
B and
C of this section shall not apply to any proposed ordinance which, if passed, would completely replace the Zoning Ordinance of the City, and such ordinance shall take effect only upon the effective date specified in the ordinance upon final passage.
Where applicable State of New Hampshire laws,
codes, rules or regulations are more restrictive or preempt local
authority, the state requirement shall be observed.
[Amended 12-13-2016 by Ord. No. O-16-026]
A. Any person shall have the right to appeal to the Board of Building
and Fire Codes Appeals within 20 days from the receipt of a written
decision of the Building or Fire Official (also known as the "Code
Official"). An application for appeal shall be based on a claim that
the true intent of the codes or rules legally adopted have been incorrectly
interpreted, the provisions do not fully apply, or an equivalent or
better form of construction can be used.
[Amended 9-25-2018 by Ord. No. O-18-018]
B. Application for appeals and actions upon the same shall be in accordance
with the rules of procedure adopted by the Board of Building and Fire
Codes Appeals.
C. Said Board of Building and Fire Codes Appeals shall be established
in accordance with the statutes of the State of New Hampshire and
the ordinances of the City and shall consist of five members and three
alternate members who are qualified by experience and training to
rule on matters pertaining to building construction and fire prevention.
Each member shall be a professional engineer, architect, builder,
superintendent of building construction, master plumber, master electrician,
gas fitter, fire inspector, fire investigator, or any other such person
qualified by education or experience, in the opinion of the Building
Official, Fire Official, and the Mayor, to serve as a member of the
Board. Each member shall be a resident of the City. The members shall
be appointed by the Mayor and confirmed by the Board of Aldermen.
Each member shall hold office for three years or until a replacement
is appointed.
D. The statutes of the State of New Hampshire and the provisions of
this section shall take precedence, concerning appeals, over any conflicting
provision in any referenced code adopted by the City.
E. Said Board of Building and Fire Codes Appeals has no authority to
waive the requirements of the State Building Code or the State Fire
Code.
[Amended 3-9-2021 by Ord. No. O-21-045]
Any person who violates a provision of this chapter or the codes adopted thereby or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter or the codes adopted thereby, shall be subject to the provisions of NRO Chapter
74 and RSA 676:15-17-b, without limitation of any remedy available to the City at law or in equity.