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City of Nashua, NH
Hillsborough County
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Table of Contents
Table of Contents
Code
New Laws (59) Index
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[1] 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.
[1]
Editor's Note: See Art. II of this chapter and Ch. 190, Land Use.
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[1]]
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.
[1]
Editor’s Note: This ordinance also provided that all members of the existing Building Code Board of Appeals and Board of Fire Prevention Code Appeals must be appointed and confirmed to this new Board of Building and Fire Codes Appeals and designated as a member or alternate member.
[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.