Presented by the New Hampshire Building Officials Association November 13, 2014 Building Department Organization

Wayne Richardson – CBO, Code Official for Bedford, President of NHBOA and member of the State Building Code Review Board, Tedd Evans – MCP, Chief Building Inspector for Concord, NHBOA Board of Directors, and member of the State Building Code Review Board

Building Department Organization Why is this program being presented. Since 2007 NHBOA has been a presenter at the annual fall conference for municipalities. Several of the years we have partnered with legal representatives from the former LGC and the current NHMA. The programs have covered areas pertaining to the state building codes and their legal enforcement. The content of the programs were in response questions NHBOA and the municipal association had received from communities relating to confusion and misconceptions about the state codes and their enforcement.

Building Department Organization Two parts to the program To review what is involved when considering undertaking the role of building code enforcement in your community. Provide suggested operating parameters for new and existing operations and newly appointed building code enforcement personnel with documents and statutory references which are useful in day to day operations. The intent is for uniform and consistent code enforcement.

Building Department Organization The statutes which relate to local building code enforcement: RSA 155-A:2 VI, RSA 155-A:2 VIII, RSA 155-A:7 The statutes pertaining to local code enforcement enactment process: RSA 674:51, RSA 674:34, RSA 675, RSA 673:1 V, RSA 676:13 I, RSA 643:1, RSA 674:51 III (b), RSA 673:1 V, RSA 673:3 IV, RSA 673:5, RSA 677

Building Department Organization In 1983 the legislature created the first statute outlining what communities needed to do in order to enforce a building code in their community – 674:51. There were major changes to this statute in 2002 – the creation of the statewide building code 155-A and then again in 2013 – prohibition against fire sprinklers in 1&2 family dwellings.

Building Department Organization Department Staffing and financial considerations– This process will be unique to every community based upon certain parameters. Examine property accessing records and local land use board activity from recent years to determine how much time might be required to adequately enforce the code. Full time, part time or contract (permissible under RSA 155-A:7). Administrative support needed? Position qualifications Type of projects being overseen (complexity). Why the position is being created? Will the position(s) be system specific or all encompassing? Certified vs Non-certified - (credibility, liability)

Building Department Organization Department Staffing and financial considerations– continued Funding – fee schedule. Funding to be mainly supported by user based fees. Benefit to rest of the community by having expertise for little or no cost to all residents and property owners. Fees are only to partially offset the costs. While usually resistance to having code enforcement in general. If the fees are kept to a minimum it may not be seen as another “money grab” by the municipality. Typically when establishing a fee schedule most communities compare their services and workloads to neighboring communities and try to set their rates so they are similar.

Building Department Organization Process Proposed ordinance – most communities it will be like any other land use ordinance Warrant article must include items from 674:51 Include effective date. Provide for board of appeals. Establish the position of building inspector and the authority to perform required tasks. Include a schedule of fees or a provision for the legislative body to establish the fees.

Building Department Organization Process continued Recommendation: It is best not to try and write the warrant article to be all encompassing. Operational procedures are best left to be created and or updated by the legislative body. This enables changes to be made as needed and in a more timely manner rather than being restricted to making change only once a year.

Building Department Organization OPERATIONS The operations of the building department or division are broken down into two main functions: Daily operations Application policies Plan review - time frame, plan correction Inspections & inspection scheduling Office time – work with planning, zoning, fire, general public Record keeping Governed by RSA 33-A:3-a

Building Department Organization OPERATIONS While there are as many ways to set up the department operations it is advisable you create a written department “manual” clearly stating all of your procedures. This has several benefits: Uniform operational procedures for everyone - everyone is treated the same Written polices let everyone know, in advance, how the process works The legislative body (selectboard or counselors) approves the policy so they know how the department will be operated and have approved their methods. The “manual” is not done by way of ordinance therefore it may be modified as needed as operational needs change without having to wait for the municipality's annual meeting.

Building Department Organization OPERATIONS This method is very similar to the relationship between state statutes and administrative rules. The ordinance to enforce the building code is the vehicle providing the authority and the operations manual contains the rules detailing on how you will exercise your authority.

Building Department Organization OPERATIONS Other typical areas of oversight: Septic systems – generally most building department/divisions will permit septic system installs. The level of involvement will depend upon the municipalities' wishes. Signs – since the building department is in the permit business this task, when required by the community, can be handled by your inspector

Building Department Organization RESOURCES Assistance and mentoring is available from NHBOA member communities. Neighboring communities. Our experience has shown inspectors are never reluctant to share their knowledge and their forms (we all think ours are the best). THANK YOU Questions ?