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ORDINANCE O-21-045

the New Hampshire State Building Code per RSA 155-A and as published by the
International Code Council, Inc., including the technical provisions of the-international
Fuel-Gas-Cede,-2000, NFPA 54 and NEPA 58 as adopted per the State of New
Hampshire, and any amendments adopted thereto, is hereby adopted as the Mechanical
Code of the City of Nashua, in the State of New Hampshire, for the control of buildings
and building systems; and the regulations, provisions, penalties, conditions and terms of
said code are hereby referred to, adopted and made part hereof as if fully set out in this
chapter, with any amendments prescribed in this article.

§ 105-14. Amendments,
A. Amend Section 101.1 by inserting: the City of Nashua.
B. Amend Section 106.5.2 by changing it to read:

106.5.2. Fee schedule. The fees for mechanical work shall be as provided for by
this chapter.

Cc. Delete Section 106.5.3.

D. Amend Sections 108.4 and 108.5 by adding the following statement:

In place of the insertions in the model code text, it shall be clearly understood that
all violations of the adopted codes of the City of Nashua 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 of Nashua at law or equity.

-ARTICLE IV Plumbing Code
§ 105-15. Short title.

This article shall be known as and may be cited as the "Plumbing Code of the City of
Nashua, New Hampshire."

§ 105-16. Adoption of Plumbing Code.

A certain document and referenced code on file in the effee-oHthe City Clerk
Department of Building Safety of the City of Nashua, New Hampshire, being marked and
designated as the "International Plumbing Code;2000Editien,” adopted as per the New
Hampshire State Building Code per RSA 155-A and as published by the International
Code Council, Inc., and any amendments adopted thereto, is hereby adopted as the
Plumbing Code of the City of Nashua, in the State of New Hampshire, for the control of
buildings and building systems; and the regulations, provisions, penalties, conditions and
terms of said code are hereby referred to, adopted and made part hereof as if fully set out
in this chapter, with any amendments prescribed in this article.

ORDINANCE O-21-045

§ 105-17. Amendments.

A.

B.

Amend Section 101.1 by inserting: the City of Nashua.
Amend Section 106.6.2 by changing it to read:

106.6.2, Fee schedule. The fees for plumbing work shall be as provided for by
this chapter.

Delete Section 106.6.3.

Amend Sections 108.4 and 108.5 by adding the following statement:

In place of the insertions in the model code text, it shall be clearly understood that
all violations of the adopted codes of the City of Nashua 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 of Nashua at law or equity.

Amend Section 305.6-+ 305.4.1 by inserting in the places provided, in the order of
appearance, the following:

36 inches (914.4 mm) Pertains to building sewers serving septic systems
48 inches (1,219.2mm) Pertains to other building sewers

Also amend Section 383-64 305.4.1 at the end of the section by adding the
following:

Where insulated, the Code Official may accept lesser depths of building sewer
placement.

Delete Section 501.6 and replace with the following:

501.6. Water temperature control in piping from tankless water heaters. The
temperature of water from tankless water heaters intended for domestic or
personal hygiene use shall be a maximum of 130° F. (55° C.). A tempering device
conforming to ASSE 1017 shall be installed to control the water temperature. This
provision shall not supersede the requirements for protective shower valves in
accordance with Section 424.4.

Amend Section 501.8 by adding the following sentence to the end of the section:

Water temperatures supplying faucets for domestic or personal hygiene use shall
be limited to a maximum of 130° F. (55° C.).

Amend Section 501 by inserting the following new subsection:

501.9 Minimum water heater temperatures, Water heaters and indirect-fired
hot-water storage tanks shall be maintained at a minimum temperature of 140° F.

ORDINANCE O-21-045

(60° C.) and shall be equipped with a temperature-controlling device conforming
to ASSE 1017 to provide for maximum hot-water temperatures to faucets in
accordance with Section 501.8.

J. Amend Section 904.1 by inserting in the place provided: 42 18 inches; 305 mm.

ARTICLE V Electrical Code
§ 105-18. Short title.

This article shall be known as and may be cited as the "Electrical Code of the City of
Nashua, New Hampshire."

§ 105-19. Adoption of Electrical Code.

A certain document and referenced code on file in the effec ofthe City-Clerk
Department of Building Safety of the City of Nashua, New Hampshire, being marked and
designated as the "NFPA 70, The National Electrical Code1999 Edition," adopted as per
the New Hampshire State Building Code per RSA 155-A and as published by the
National Fire Protection Association, Inc.;-and+he2000 Editien ofthe ICC Blectrical
Cede—Adiministrative Provisions" and any amendments adopted thereto, are hereby
adopted as the Electrical Code of the City of Nashua, in the State of New Hampshire, for
the control of buildings and building systems. The regulations, provisions, penalties,
conditions and terms of said code are hereby referred to and adopted and made part
hereof as if fully set out in this chapter, with any amendments prescribed in this article.

§ 105-20. Amendments.
Delete Section 518-4 (b) — Non-rated Construction.
ARTICLE VI Energy Conservation Code

§ 105-21. Short title.

This article shall be known as and may be cited as the “Energy Conservation Code of the
City of Nashua, New Hampshire.”

§ 105-22. Adoption of Energy Conservation Code,

A certain document and referenced code on file in the Department of Building Safety of
the City of Nashua, New Hampshire, being marked and desipnated as the “International
Energy Conservation Code” adopted as per the New Hampshire State Building Code per
RSA 155-A and as published by the International Code Council, Inc., and any

ORDINANCE 0-21-0145

amendments adopted thereto, is hereby adopted as the Energy Conservation Code of the
City of Nashua, in the State of New Hampshire, for the control of buildings and building
systems: and the reeulations, provisions, penalties, conditions and terms of said code are
hereby referred to, adopted and made part hereof as if fully set out in this chapter, with
any amendments prescribed in this article.

§ 105-23. Amendments.

A. Amend Section C101.1 by inserting: “the City of Nashua.”
B. Delete Section C107.1

C. Delete Section C107.2

D. Delete Section C107.5

ARTICLE VU Swimming Pool and Spa Code

§ 105-24. Short tide.

This article shall be known as and may be cited as the “Swimming Pool and Spa Code of
the City of Nashua, New Hampshire.”

§ 105-25. Adoption of Swimming Pool and Spa Code.

A certain document and referenced code on file in the Department of Building Safety of
the City of Nashua, New Hampshire, being marked and designated as the “International

Swimming Pool and Spa Code” adopted as per the New Hampshire State Building Code
per RSA 155-A ad as published by the International Code Council, Inc., and any

amendments adopted thereto, is hereby adopted as the Residential Swimming Pool and
Spa Code of the City of Nashua, in the State of New Hampshire. for the control of
residential swimming pools and spas and systems: and the regulations, provisions,
penalties, conditions and terms and said code are hereby referred to, adopted and made
part hereof as if fully set out in this chapter, with any amendments prescribed in this
article.

§ 105-26, Amendments.

aA. Amend Section 101.1 by inserting: the City of Nashua,

B. Amend Section 101.1 by inserting 101.1.1 Public Swimming Pools and Spas shall
also be regulated by NH DES Public Pool and Spa Program in accordance with
RSA 485-A:26 and Env-Wq 1100 Public Bathing Place.

C. Amend Section 105.6.2 by changing it to read:

106.5.2 Fee schedule. The fees for Residential Swimming Pool and Spa work
shall be as provided for by this chapter.

ORDINANCE O-21-045
D. Delete Section 105.6.3
E. Amend Section 107.4 by adding the following statement:

In place of the insertions in the model code text, it shall be clearly understood that
all violations of the adopted codes of the City of Nashua shall be subject to the
provisions of NRO Chapter 74 and NH RSA 676:15-17-b, without limitation of
any remedy available to the City of Nashua at law or equity.

FE, Replace Sections 108.2 through 108.7 with: “Appeals to the decision of the
Building Official shall be in accordance with the processes established in NRO
Section 105-5,”

ARTICLE ¥4 VIII Fees
§ 105-2427. Permits and fees.

A. A permit shall not be valid until the prescribed fees have been paid and the permit
issued. No permit to begin work for new construction, alteration, removal,
demolition or other building operation shall be issued until the fees prescribed in
this section have been paid to the Department of Building Safety, nor shall an
amendment to a permit necessitating an additional fee because of an increase in
the estimated cost or scope of work involved be approved until the additional fee
has been paid.

(1) Where a permit has either been revoked or a project discontinued or
abandoned within six months of the issuance of such permit, such permit
may be returned to the Building Official for cancellation. One-half of the
permit fee shall be refunded by the City Treasurer on certificate of the
Building Official, except all penalties that may have been imposed on the
permit held under the requirements of this chapter shall first be collected.
If a project is abandoned without notice being made to the Code Official
before a six-month interval has elapsed since the date such permit was
issued, no refund shall be made, Residential or nonresidential use shall be
in accordance with the intent of the Building Code of the City of Nashua,
New Hampshire.

(2) The fees for permits shall be charged as follows: The total amount of the
permit shall be rounded to the nearest dollar (drop the total amount due
under $0.50 and increase the total amount due from $0.50 to $0.99 to the
next whole dollar).

B. The Board of Aldermen may, at its option, waive or reimburse, as the case may
be, payment of fees payable under this section, in whole or in part, to the extent of
the value of municipal public improvements and/or land dedication which an
applicant obligates itself to make over and above impact fees and the applicant’s
fair share of off-site improvements imposed as a condition of site plan or
subdivision approval.

ORDINANCE

O-21-045

§ 105-2228. Fee Schedule.

A. Building permit fee schedule.

()

(2)

(3)

(4)

6)

(6)
(7)

A nonrefundable application processing and review fee shall be paid at the
time of filing of any application:

(a) Building permit: $33-$50

New buildings, additions, alterations, mobile homes, in-ground swimming
pools, basements, connecting structures, future expansion areas and areas
capable of being used as living or occupiable space shall be included to
calculate aggregate floor area:

(a) Residential — 1 & 2 Family and Townhouses (per square foot of
area affected): $045; $0.18.

(b) Commercial — including Multi-Family (per square foot of area

affected): $0.25; $0.28.

Structures designed and certified to LEED standards shall be eligible for
the following reduction in their building permit fee:

(a) LEED standard certification: 5%.

(b) LEED silver certification: 10%.

(c) LEED gold certification: 15%.

(d) LEED platinum certification: 20%.

Alterations, repairs, fire damage:

(a) Residential (per square foot of area affected): $9040: $0.13.
(b) Commercial (per square foot of area affected): $0-45- $0.18.

Additional plan review for minor modifications of previously approved
drawings, including commercial tenant fit-up:

(a) Residential (per square foot of area affected): $0:05- $0.10.
(b) Commercial (per square foot of area affected): $946. $0.15.

1 1
> 2

not related te-fleer-area,the permit fee-may-be-based ona
Moving a building from lot to lot: $480. $200.
Demolition, the total removal and disposal of a structure:

(a) Up to 1,000 square feet: $30: $40.

(b) Excess beyond 1,000 square feet (fee for each additional 100
square feet or part thereof of aggregate floor area): $3; $3.15.

ORDINANCE

(8)
(9)

(10)

(14)

(12)

(13)

(14)

(15)

O-21-045

Certificate of Occupancy, existing space/owner change: $50.

Special-constructien When, in the Building Official's opinion, the nature
of the work is not related to floor area, notinehuding excluding signs, but
including and not limited to membrane structures, temporary structures,
canopies and awnings, pedestrian walkways, radio and television towers,
radio and television antennas, elevators, commercial solar energy systems,
commercial wind energy systems and commercial (other than asphalt
roofing shingles) re-roofing:

(a) Fee shall be based on a construction or installation cost of $6.60
$0.65 per $100.

Retaining walls over four feet in height above grade base of footing:

(a) Residential: minimum $25 or $0-6 $0.15 per linear foot
(whichever is greater).

(b) Commercial: minimum $50 or $0.25 $0.30 per linear foot
(whichever is greater).

Minimum fee for miscellaneous equipment (each), excluding the
application fee, where not otherwise provided for by this section [for
example: residential antennas, small sheds (less than 200 square feet), or
construction trailers] or as deemed appropriate by the Building Official or
his or her designee:

(a) Residential: $29- $30.
(b) Commercial: $45, $50.

Reinspection of the same work due to the failure to pass an initial
inspection or the unavailability of the premises at the time of initial
inspection: $75.

Phased construction (foundation permits, interior demolition permits or
shell permits): Phased construction shall be charged a 25% surcharge on
the original permit fee for each upgrade phase.

Surcharge for permits issued after construction started without a permit:
100% of applicable fee, but not to exceed $275 Residential / $500 $750
Commercial.

Expedite-service fee for special processing and after-hours service: $75
$80 per hour per staff member, with a minimum of $290 $250 for
weekends or time not contiguous with normal work hours.

B. Mechanical permit fee schedule.

(1)

Residential mechanical (one- & two-family and townhouses).

(a) Nonrefundable application processing and review fee: $34. $50

(b) Delivery system:

ORDINANCE

(c)

(d)

Q-21-045

[1] Gas supply piping (base fee downstream of meter or
regulator set; test witnessed)-eaeh}: $0.30 per 1,000 BTUs.

34/2] Installation of fuel oil or propane storage tanks less than
499 gallons, fuel oil (each): $45- $30.

[3] Dormant Gas meter $45.

Equipment:

[i] Furnace, HRV/ERV., boiler or water heater: $49; $45.
[2] Water heater: $15-Generator including gas piping: $45.

[3]

>

$15-Ductless split system: $40.

[4] Boiler water or steam: $40 Hot water storage tank: $20.

[5] Beier water or steam, with domestic hot water senerator

$45. Air conditioner coiler or condenser: $20,

> 7 7 3 &
[$4[6] Dryer, eExhaust or ventilation fan (each): $6- $12.
fOl[7] Basebeardtoopteach}-$10-Room heater or gas appliance:
$30.

Weed er Gas or wood factory fireplace, insert, or pellet stove and
associated chimney: $40- $45.

e tyuilt feo! | iated-chimney. tid Seal

((c) Masonry fireplace and associated chimney: $75.

(=}(f} Manufactured chimney erchimneytiner: $30. 340.

13.

14.

15.

16.

attomey’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of Professional Engineer or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Professional Engineer’s indemnity and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to the
City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are not
paid to Professional Engineer shall automatically revert to the City of Nashua’s discretionary
control upon the completion, termination, or cancellation of the agreement. The City of Nashua
shall not have any obligation to re-award or to provide, in any manner, the unexpended funds to
Professional Engineer. Professional Engineer shall have no claim of any sort to the unexpended
funds.

COMPENSATION Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of
Nashua. If there is insufficient information, the City of Nashua may require Professional Engineer
to submit additional information. Unless the City of Nashua, in its sole discretion, decides
otherwise, the City of Nashua shall pay Professional Engineer in full within 30 days of approval
of the submitted monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Professional
Engineer shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements, shall
promptly notify the City of Nashua in writing of any changes to the same relating to or affecting
this contract, and shall submit detailed documentation of any effect of the change in terms of both
time and cost of performing the contract.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Professional Engineer agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to “Title 41”’Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

GC 7 of 11

ORDINANCE

(2)

O-21-045

thi(g) Minimum fee for miscellaneous equipment (each), excluding the

(hb)

aw

application fee, where not otherwise provided for by this section:
$35-$40.

Reinspection of the same work due to the failure to pass an initial
inspection or the unavailability of the premises at the time of initial
inspection: $75.

Surcharge for permits issued after construction started without a
permit: 100% of applicable fee, but not to exceed $275.

Commercial mechanical (including multifamily).

(a)
(b)

(c)

Nonrefundable application and review processing fee: $30. $50.
Delivery system:
[1] Gas pipe: $0.35 per 1,000 BTU

{34[2] Installation of fuel oil or propane storage tanks less than
499 gallons, fuel oil (each): $45. $20.

[3] Dormant Gas meter: $45.
Equipment:

[1] Furnace, HRV/ERY, boiler, water heater, unit heater or
generator: $30-$55.

[2] Vater heater-Hot water storage tank: $20: $22.

f44[3] Single-package-tineludes+eeftops} Rooftop air handlers:
$25- $40.

f$4{4] Chiller, evaporator, condenser or cooling tower (each): $25-
$30.

fé}[5] Duct work (per 10 square feet of area served): $0.40
Grinimum$25}, $0,125.

FA[6] Fire and smoke dampers: $8-$10.