New HampshireHB15552025-2026 Regular SessionHouse

relative to the administration and enforcement of the state fire code.

Sponsored By: Erica J Layon (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

20-year retrofit protection for qualifying buildings

Effective July 2, 2026, the law protects qualifying construction under permits issued on or after July 1, 2026. Construction must start under a building permit and progress enough to receive a certificate of occupancy. For 20 years after that certificate, authorities cannot require retrofits solely to meet later-adopted state fire-code changes. After 20 years, authorities can require repairs or improvements to meet the current code. Earlier permits do not qualify.

State review for property code disputes

Beginning July 2, 2026, the State Fire Marshal or a deputy hears appeals of local fire-code decisions. The review starts fresh, without formal evidence rules, and can uphold, change, or reverse the local decision. Local variance appeals must be filed in writing within 30 days, with a copy sent to the chief. The chief must send the application record within 20 days after receiving the appeal. A hearing is due within 40 days after the Marshal receives the appeal; extensions require a party’s written request. A written decision is due within 30 days after the hearing ends. Affected parties can appeal the Marshal’s decision to the Building Code Review Board. The Marshal also gains authority to approve or reject exceptions to the state building code.

Fire-code exceptions carry risks for property owners

Beginning July 2, 2026, local fire chiefs and authorized staff can grant exceptions to the state fire code. One route requires special property conditions that make strict enforcement unrelated to the code’s public purpose, plus a reasonable use. Another requires a fire-safety professional’s stamped certification that an alternative meets the code’s purpose and is equally safe or safer. Applicants must sign a risk acknowledgment, waive specified claims, and agree to cover third-party claims against the issuing authority. This includes attorney fees where law allows and the authority’s good-faith negligence, errors, or omissions. It excludes recklessness, gross negligence, and intentional misconduct. After a complete application, written decisions are due within 30 days for residential properties or 60 days for other properties.

Sponsors & Cosponsors

Sponsor

Erica J Layon
Republican • House

Cosponsors

Carol M McGuire
Republican • House
Daniel E. Innis
Republican • Senate
Daniel Popovici-Muller
Republican • House
Keith R. Murphy
Republican • Senate
Matt R Sabourin dit Choinière
Affiliation unavailable
Victoria Sullivan
Republican • Senate
Yury Polozov
Republican • House

Roll Call Votes

All Roll Calls

Yes: 192 • No: 162

House vote • 3/26/2026

OTP