N.H. Admin. Code § Saf-C 102.11

Current through Register No. 49, December 5, 2024

Section Saf-C 102.11 - Division of Fire Safety

(a) As provided in RSA 21-P:12, the division of fire safety is under the management of the director of fire safety, subject to the authority of the commissioner. The director shall be known as the state fire marshal.

(b) The state fire marshal shall be responsible for:

(1) The enforcement of all applicable laws; and

(2) Ensuring the following functions are performed by the appropriate personnel in the fire marshal's office:

a. Approve or disapprove, and grant exemptions from fire safety rules adopted by any state agency to the extent authorized by RSA 153:4-a, I;

b. Certify private firefighting units under RSA 153:4-a, I;

c. Assist counties, cities, towns, village districts and precincts in supervising and enforcing local laws relative to:

1. The prevention of fires;

2. The storage, sale and use of combustibles;

3. The installation and maintenance of fire alarm and fire extinguishing equipment;

4. The construction, maintenance and regulation of fire escapes;

5. The means and adequacy of exits from places of assembly;

6. The investigation of the cause of fires; and

7. The storage and handling of flammable liquids and gases;

d. Coordinate the activities of the state fire marshal's office with those of other state and local agencies and officials responsible for developing or enforcing fire safety regulations pursuant to RSA 153:4-a, II;

e. Assist and counsel officials responsible for the enforcement of fire safety regulations and assist them in the organization and efficient operation of fire departments pursuant to RSA 153:4-a, II;

f. Coordinate state services during an accident involving the transportation of hazardous material when requested by the fire officer in charge or if in the best interest of public safety under RSA 153:4-a, III;

g. Grant exemptions and variances to state fire code rules s/he shall deem necessary for the protection from fire and fire hazards for people in the state and for the general welfare of property and people within the state;

h. Approve or disapprove all plans for construction or revision of all state buildings and properties as to compliance with fire safety measures under RSA 153:8-a, I(a);

i. Enforce and grant exemptions to the life safety code, NFPA 101 as authorized by RSA 153:4-a, RSA 153:5 and RSA 153:8-a I(c);

j. Enforce the provisions of RSA 153:10-a relative to automatic fire warning devices;

k. Investigate fires of suspicious origin seeking to arrest and prosecute those responsible under RSA 153:11;

l. Notify insurance companies believed to have an interest in fire loss property, as an insurer pursuant to RSA 153:13-a, III;

m. Upon complaint or when deemed necessary, inspect all buildings or premises and order the correction of fire hazardous conditions pursuant to RSA 153:14, II;

n. With the approval of the commissioner, control the sale of dangerously flammable fabrics pursuant to RSA 153:14-a;

o. Approve or disapprove plastic containers as specified in NFPA 30 designed for storage of flammable liquids offered for sale in this state under RSA 153:16-a;

p. Investigate complaints alleging that local ordinances relating to fire safety measures are not being fully complied with and enforce such ordinances where such complaints are substantiated pursuant to RSA 153:17;

q. Whenever s/he deems it advisable, investigate any fire by which property is endangered, damaged or destroyed and conduct hearings pursuant to Saf-C 200 into the causes, circumstances and origin thereof pursuant to RSA 153:18;

r. At the request of any fire chief, enter and inspect any building or premises to the extent permitted by RSA 153:21, for the purpose of determining the existence of any violations of RSA 153, rules adopted by the commissioner, or local law or ordinances relating to fire protection;

s. Keep and maintain a record of all fires occurring in the state and of all facts concerning those fires to the extent required under RSA 153:22;

t. Upon request, give assistance in coordinating the service of fire departments giving mutual aid in the extinguishment of fires pursuant to RSA 154:30;

u. If petitioned, call the first organizational meeting of a newly forming mutual aid system under RSA 154:30-a and RSA 154:30-b;

v. Render advice, recommendations and assistance to any district fire mutual aid system pursuant to RSA 154:30-c, III;

w. Provide for periodic safety inspections of all occupied public buildings owned by the state pursuant to RSA 155-A:4;

x. Inspect all New Hampshire youth development center facilities to insure compliance with fire safety rules as specified in RSA 621:8;

y. Establish a program to promote fire safety education and reduce fire loss by encouraging fire-safe practices throughout the state, pursuant to RSA 153:10-c;

z. Regulate liquid propane gas pipeline safety, except propane gas pipelines regulated by the public utilities commission; and

aa. Perform such other functions as are necessary to comply with RSA 153 or any other statutes.

(c) Deputy fire marshals, under the direction of the state fire marshal, shall supervise:

(1) The inspection of buildings;

(2) Investigation of fires and enforcement of state statutes, local ordinances and administrative rules dealing with fire prevention, pursuant to RSA 153:17; and

(3) In the absence of the state fire marshal, shall assume responsibility for all activities of the state fire marshal's office and all duties assigned to the state fire marshal's office by statute.

(d) Fire investigators and fire inspectors under the direction of the state fire marshal and under the supervision of the deputy fire marshals, shall:

(1) Investigate fires in accordance with procedures established by the state fire marshal;

(2) Inspect state owned and other buildings in accordance with procedures established by the state fire marshal;

(3) Assist local fire officials in promulgation and enforcement of local fire codes, pursuant to RSA 153:17;

(4) Review architectural and engineering plans and specifications for compliance with the state fire code; and

(5) Perform such other duties as directed by the state fire marshal or his/her deputies.

(e) The electricians' board is administratively attached to the department of safety, pursuant to RSA 319-C:4, IV. The state fire marshal supervises the inspectors in carrying out their duties.

N.H. Admin. Code § Saf-C 102.11

#6486, eff 4-16-97