N.H. Admin. Code § Saf-C 6003.01

Current through Register No. 50, December 12, 2024

Section Saf-C 6003.01 - State Fire Marshal

The state fire marshal shall be responsible for:

(a) The enforcement of all applicable state laws pursuant to RSA 153:4-a; and

(b) Ensuring that the following functions shall be performed by the appropriate personnel in the state fire marshal's office:

(1) The approval or denial, and the granting of exemptions from fire safety regulations promulgated by any state agency to the extent authorized by RSA 153:4-a, I;

(2) The certification of private firefighting units pursuant to RSA 153:4-a, I;

(3) The provision of assistance to counties, cities, towns, village districts, and precincts in supervising and enforcing local ordinances relative to:

a. The prevention of fires;

b. The storage, sale, and use of combustibles;

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

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

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

f. The investigation of the cause of fires; and

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

(4) The coordination of 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;

(5) The provision of assistance, advice, and counsel to 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;

(6) The coordination of state services during an accident involving the transportation of hazardous material;

(7) The assumption of the duties of the fire officer-in-charge at 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 pursuant to RSA 153:4-a, III;

(8) The granting of exemptions and variances to rules he or she deems necessary for the protection from fire and fire hazards and for the general welfare of property and people within the state;

(9) The approval or denial of all plans for construction or revision of all state buildings and properties as to compliance with fire safety measures pursuant to RSA 153:8-a, I(a);

(10) The enforcement and granting of 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);

(11) The enforcement of the provisions of RSA 153:10-a relative to automatic fire warning devices, including the authorization pursuant to RSA 153:10-a, V to those seeking to issue citations for violations of fire safety rules adopted under RSA 153:10-a and RSA 153:10-b, who comply with the provisions of Saf-C 1100;

(12) The implementation and enforcement of the provisions of RSA 153:10-b relative to fire protection and warning devices in health care facilities;

(13) The investigation of fires of suspicious origin and arrest and prosecution of those responsible pursuant to RSA 153:11;

(14) Notification to insurance companies believed to have an interest in fire loss property, as an insurer pursuant to RSA 153:13-a, III;

(15) The inspection of all buildings or premises and requiring the correction of fire hazardous conditions pursuant to RSA 153:14, II;

(16) The regulation of the sale of dangerously flammable fabrics pursuant to RSA 153:14-a;

(17) The approval or denial of the types of plastic containers as specified in the state fire code designed for the storage of flammable liquids offered for sale in this state pursuant to RSA 153:16-a;

(18) The investigation of complaints alleging that local ordinances relating to fire safety measures are not being fully complied with and the enforcement of ordinances when such complaints are substantiated pursuant to RSA 153:17;

(19) The conducting of hearings pursuant to Saf-C 200 into the causes, circumstances, and origin of a fire, building collapse or carbon monoxide release pursuant to RSA 153:18;

(20) The investigation of any fire, building collapse, or carbon monoxide release pursuant to RSA 153:18, whenever the authority having jurisdiction determines that it lacks the resources or expertise to investigate the fire or incident, and the fire marshal concurs;

(21) At the request of any fire chief, the entering into and inspection of any building or premises, to the extent authorized 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;

(22) The storage and maintenance of all records of all fires occurring in the state and of all facts concerning those fires pursuant to RSA 153:22;

(23) Upon request, the provision of assistance in coordinating the service of fire departments giving mutual aid in the extinguishment of fires pursuant to RSA 154:30;

(24) If petitioned, call the first organizational meeting of a newly forming mutual aid system pursuant to RSA 154:30-a and 154:30-b;

(25) The rendering of advice, recommendations, and assistance to any district fire mutual aid system pursuant to RSA 154:30-c, III;

(26) The performance of periodic safety inspections of all occupied public buildings owned by the state pursuant to RSA 153:8-a, I(d);

(27) The inspection of all New Hampshire youth development center facilities to ensure compliance with fire safety rules as set forth in RSA 621:8;

(28) 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;

(29) The regulation of liquid propane gas pipeline safety, except propane gas pipelines regulated by the public utilities commission;

(30) The investigation of the cause of all fires with death resulting;

(31) The investigation of the cause of all structural building collapses with death resulting;

(32) The investigation of the cause of all incidents involving the release of carbon monoxide, other than from a motor vehicle, with death resulting;

(33) The investigation of the cause of structural building collapses;

(34) The investigation of the cause of incidents involving the release of carbon monoxide, other than from a motor vehicle;

(35) The administration of the voluntary heating certification program pursuant to RSA 153:16-b;

(36) The administration of the voluntary fire equipment certification program pursuant to RSA 153:5-a;

(37) Assistance and support to the mechanical licensing board in administering and enforcing the mechanical licensing program, including the rules of the board under subtitle Saf-Mec, pursuant to RSA 153:27-38;

(38) The administration of the modular building program pursuant to RSA 205-C;

(39) The performance of building code enforcement for communities without a local building code enforcement mechanism pursuant to RSA 155-A;

(40) The administration of the lightning rod licensing program pursuant to RSA 323;

(41) The administration of the permissible fireworks program pursuant to RSA 160-C;

(42) The administration of the licensing and permit requirements associated with the display of pyrotechnics before a proximate audience pursuant to RSA 153:5-c; and

(43) The performance of such other functions as necessary to comply with RSA 153 or any other applicable statutes.

N.H. Admin. Code § Saf-C 6003.01

#2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11

Amended by Volume XL Number 37, Filed September 10, 2020, Proposed by #13094, Effective 8/25/2020, Expires 8/25/2030 (See Revision Note #1 and Revision Note #2 at chapter heading for Saf-C 6000).