Back to 2012 Town Warrant

Back To Article 3

Building Codes. To authorize the Town of Windham to adopt and enforce the NH Building Code, as adopted by the State of NH, in accordance with RSA 155-A, subject to the following revisions: International Residential Code Sections R101.1, R105.2, R108.5, R301.2(1) and R302.5.1; International Building Code Sections 101.1, 1612.3, and 3412.2; International Plumbing Code Sections 101.1, 106.6.2, 106.6.3, 108.4, and 108.5; International Mechanical Code Sections 101.1, 106.5.2, 108.4, and 108.5; and the International Energy Conservation Code Section 101.1, 107.5, and 108.4; adopt language about validity, affect on ongoing legal proceedings, and effective date; and repeal the 2003 edition of the International Residential Building Code adopted at 2005 Town Meeting.

Ms. Skinner read the changes to the Building Codes into the record.

Ms. Scott reviewed the history of the necessity to make this change, which updates the current Building Code. This history goes back to when the Town adopted the previous Residential Code in 2005. The Town needs:

• To repeal the older code,

• Adopt the current code with local standards, and

• Create a Board of Appeals.

Board comments/concerns included:

• Why create a new Board when the ZBA can perform this function;

• On page 2, section F, the phrase, “…Section, subsection, sentence, clause or phrase…” will be simplified to the word “portion” works as well;

• Under page 2, Section H, delete the following wording, “…and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby…”;

• The last sentence shall read: “The Town hereby repeals….”

• Does the ZBA have the expertise to appeal Building Code? Does the Planning Board need to survey the ZBA or simply designate? Ms. Scott stated that most towns designate the ZBA;

• Mr. Wrenn noted that in his 40 years in the construction business, he has never gone to the Board of Appeals;

• If a builder does not meet code, they would simply address it or not be given approval from the Building Inspector; Fire Code items are addressed by the Fire Marshall;

• The Town does not need another level of beaurocracy and should use the expertise of the Building Inspector.

Chairwoman Post opened the hearing to the Public.

Mr. Bob Coole suggested that the Board wait to see if this gets passed at the polls before making a decision about creating or designating a Board of Appeals.

Chairwoman Post closed the Public Hearing.

Mr. McLeod motioned to move the proposed Building Code Ordinance to the Town Warrant as amended:

• Under page 2, Section H, delete the following wording, “…and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby…”; and in

• The last sentence shall read: “The Town hereby repeals….”

Ms. Nysten asked what staff would be handling this. Ms. Scott noted that she would be, along with the current and previous Town Building Inspectors.

Seconded by Ms. St. Laurent. Motion passed: 7-0.