TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 153
STATE BOARD OF FIRE CONTROL
Section 153:1
153:1 Definitions. –
When appearing in this chapter:
I. "Automatic fire warning device" means a wall or ceiling mounted assembly containing an ionization chamber or photoelectric type of smoke detector, control equipment, and audible alarm in one unit which detects visible or invisible particles of combustion and which, upon detection of smoke, activates the alarm; which device is listed by a nationally recognized laboratory that maintains periodic inspections of the listed equipment where produced, and whose listing states either that the equipment meets nationally recognized standards or that the equipment has been tested and found suitable for use in a specified manner.
II. "Building" means any structure, framework or housing, public or private, excluding single family dwellings as defined in paragraph X and multi-unit dwellings as defined in paragraph VI, but including tanks, receptacles and containers for the storage of commodities or other materials.
III. "Dwelling unit" means a single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
IV. "Explosives" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion or through the substantially instantaneous release of gas or heat.
V. "Fire hazard" means any building, premises, place or thing which, because of its nature, location, occupancy, condition, or use, constitutes an unreasonable danger of loss, damage or injury to persons or property by fire or explosion of any origin.
V-a. "Fire protection and warning devices" means, but is not limited to, water sprinkler systems; heat detection systems; non-battery operated smoke detection units or systems; and heat sensing automatic closing fire doors with a door minimum fire retardant rating of not less than 20 minutes as defined by the Underwriters Laboratories, Inc.
V-b. "Health care facility" means a facility licensed under RSA 151.
VI. "Multi-unit dwelling" means any structure not defined in paragraph II, which contains 2 or more single units which provide permanent or transient living facilities which may or may not include cooking and eating facilities, for one or more persons. This term shall include but not be limited to: rooming houses, dormitories, motels, hotels, apartment buildings, buildings which contain condominium units, duplexes, and houses; provided, however, that such buildings contain 2 or more units.
VI-a. "New Hampshire fire code" or "state fire code" means the adoption by reference of the Life Safety Code, NFPA 101, 2018 edition, and the Uniform Fire Code NFPA 1, 2018 edition, as published by the National Fire Protection Association and as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5. The provisions of any other national code, model code, or standard referred to within a code listed in this definition shall be included in the state fire code unless amended in accordance with RSA 153:5.
VII. "Officer" means such officer or officers as the marshal shall nominate or designate to execute the powers and perform the duties which the fire marshal is authorized to delegate under this chapter.
VIII. "Owner" means a person with legal title to or a freehold interest in property, including any trustee or a board of trustees of property. A lessee or mortgagee of property is not considered an owner.
IX. "Premises" means any lot or parcel of land, excluding the buildings upon it, and includes parking lots, tourist camps, trailer camps, airports, stockyards, junkyards, wharves, piers, and other places or enclosures, however owned or occupied.
IX-a. "Rental unit" means any residential unit in a building or single family dwelling which provides permanent or transient living facilities for one or more persons, which is occupied by tenants on a rental basis. This term shall include but not be limited to: hotels, motels, dormitories, apartments, duplex units, rooms rented out of the home of another, and single family dwellings, so long as they are rented.
X. "Single family dwelling" means any structure not defined in paragraph II which contains one dwelling unit which is designed to be occupied for living purposes, and which is used by one, 2 or more families exclusively as a home.
XI. "Substantial rehabilitation" means any improvement to a building or single family dwelling which is valued at an amount greater than 1/2 of the assessed valuation of the building or dwelling.
Source. 1947, 251:1, par. 1. RSA 153:1. 1955, 190:6. 1975, 442:1, 2. 1981, 497:1. 1983, 446:1; 450:1. 1986, 14:1, 2. 2012, 242:2, eff. June 18, 2012. 2016, 282:1, eff. June 30, 2016. 2019, 186:1, eff. Sept. 8, 2019. 2020, 37:94, eff. July 29, 2020. 2022, 311:9, eff. July 1, 2022.
Section 153:2
153:2 Membership and Organization. –
There shall be a state advisory board of fire control consisting of 12 members appointed by the governor with the advice and consent of the council. The members shall be persons with experience and background in (1) a manufacturing industry; (2) the storage of petroleum products and in standard safety precautions with reference thereto; (3) the position of forest fire warden and who is a chief of a volunteer or full-time fire department; (4) fire insurance underwriting, including knowledge of national standards of construction, causes of fire loss and regulations pertaining to fire safety; (5) the position of chief of a municipal fire department; (6) a registered architect; (7) a chemical engineer; (8) an electrical engineer; (9) the position of chief of a volunteer fire department; (10) natural gas distribution; (11) propane gas distribution; and (12) a fire protection engineer. Members shall be appointed for terms of 5 years. One member of the board shall be designated as chairman thereof by the governor.
Source. 1947, 251:1, par. 2. RSA 153:2. 1971, 486:1. 1992, 263:7, eff. July 17, 1992. 2023, 46:3, eff. May 19, 2023.
Section 153:2-a
153:2-a Board Administratively Attached. –
The state advisory board of fire control is administratively attached to the office of the commissioner of the department of safety.
Source. 1987, 124:12, eff. July 1, 1987.
Section 153:3
153:3 Vacancies, Tenure and Compensation. –
In case of a vacancy occurring by death, resignation or otherwise it shall be filled by appointment for the unexpired term by the governor and council as provided in RSA 153:2. The members of said board shall serve until their successors are appointed and qualified. The members of the board shall serve without compensation but shall receive their legitimate expenses incurred in the performance of their duties.
Source. 1947, 251:1, par. 3, eff. July 1, 1947.
Section 153:4
153:4 Duties. –
The board shall meet with the state fire marshal not less than 4 times each year. They shall recommend in writing to the state fire marshal such rules and regulations or revision of rules and regulations as the board believes will effectuate the purposes of this chapter. They shall act in a continuing advisory capacity to the state fire marshal on any other matters pertaining to his duties under this chapter.
Source. 1947, 251:1, par. 4. RSA 153:4. 1955, 190:7. 1971, 486:2, eff. July 2, 1971.
Section 153:4-a
153:4-a Duties of State Fire Marshal. –
I. The state fire marshal shall have the power to approve, disapprove, or allow exceptions to any fire safety rule of any state agency except fire safety rules established under RSA 227-L. The state fire marshal shall be responsible for supervising and enforcing all laws of the state relative to the protection of life and property from fire, fire hazards and related matters, and for certifying private firefighting units. The state fire marshal shall also assist the several counties, cities, towns, village districts, and precincts in supervising and enforcing local laws, bylaws, and ordinances where existent, relative to (a) the prevention of fires; (b) the storage, sale and use of combustibles; (c) the installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; (d) the construction, maintenance, and regulation of fire escapes; (e) the means and adequacy of exit, in case of fire, from factories, asylums, hotels, hospitals, churches, schools, halls, theaters, amphitheaters, nursing and convalescent homes, and all other places in which numbers of persons work, live or congregate from time to time for any purpose; (f) the investigation of the cause, origin, and circumstances of fires; and (g) the transportation, storage, and physical handling of flammable liquids and gases which he believes dangerous to the lives or safety of the citizens of the state.
II. It shall be the fire marshal's duty and responsibility to coordinate the activities of his or her office with duly authorized city, town and village district, fire and building department officials and other state and local agencies required and authorized by state statutes or local ordinances to develop or enforce fire safety regulations. It shall further be the duty and responsibility of the state fire marshal to assist, cooperate with, advise and counsel the officials responsible as designated by local ordinance or charter for the organization and efficient operation of fire departments and other fire protection organizations when held to be in the best interest of public safety. Local amendments to the state fire code shall be submitted to the state fire marshal for review prior to enforcement. The state fire marshal shall confirm local amendments to the state fire code are not in conflict or less restrictive than the state fire code and are based on sound engineering practices. The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body. The state fire marshal shall publish local amendments to the state fire code.
III. The state fire marshal, or his designee, shall have access to any and all incidents involving hazardous materials and shall coordinate the activities of state services during a hazardous materials incident. The state fire marshal, or his designee, shall assume control of a hazardous materials incident at the request of the local fire chief or fire official in charge, or if the state fire marshal or his designee believes that the welfare of the public is not being appropriately served. When the state fire marshal, or his designee, assumes control of a hazardous materials incident he shall have all the authority outlined in RSA 154:7.
IV. To promote the efficient discharge of his or her lawful duties, the state fire marshal or his or her designee may issue citations for violations of fire safety rules under RSA 153.
V. The state fire marshal may detail full-time or part-time personnel of the division of fire safety for the purposes of law enforcement, code enforcement, hazardous materials safety, and public education services for public and private events and for extra duty functions to be performed outside regular business hours for which an outside entity will be reimbursing the department for the services. The commissioner of the department of safety shall establish a detail rate for such assignments. The rate shall include compensation for the assigned personnel plus reimbursement for the use of any vehicles or trailers, employee benefits, and related overhead expenses.
Source. 1971, 486:3. 1975, 442:3. 1977, 361:1. 1979, 344:5. 1983, 101:2. 1986, 102:3. 1989, 309:3. 1995, 299:7. 2013, 172:2, eff. July 2, 2013. 2019, 63:1, eff. Aug. 4, 2019. 2022, 242:5, eff. Jan. 1, 2023.
Section 153:4-b
153:4-b Advisory Committee on State Building and Fire Codes. –
I. There is established the advisory committee to study the state building and fire codes.
II. The members of the committee shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, 2 of whom shall be members of the house executive departments and administration committee and one of whom shall be a member of the finance committee, appointed by the speaker of the house of representatives.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall work with the building code review board and board of fire control. The committee shall meet at least annually and on an as-needed basis to address building and fire code issues identified by the committee.
V. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. Beginning November 1, 2022 and each November 1 thereafter, the committee shall report its findings and any recommendations for proposed legislation to the commissioner of the department of safety, the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before.
Source. 1999, 339:1. 2012, 242:3, eff. June 18, 2012. 2022, 232:1, eff. June 17, 2022.
Section 153:5
153:5 State Fire Code; Rules. –
I. Notwithstanding RSA 21-G:9, II(b), the fire marshal, with the board of fire control, may adopt rules with the approval of the commissioner of safety, which shall be exempt from RSA 541-A, to amend the state fire code described in RSA 153:1 to the extent the board deems such amendments are necessary, provided that any such amendments are ratified by the adoption of appropriate legislation within one year of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the one-year period.
II. With the approval of the commissioner of safety, the state advisory board of fire control is authorized, pursuant to RSA 541-A, to adopt rules governing its procedures of operation. The board shall meet to review and assess the application of the state fire code and shall recommend legislation, as the board deems necessary, to modify the requirements of the state fire code, in order to provide consistency with the application of other laws, codes, or regulations, giving due consideration to the economic impact and costs of such amendment, and to promote public safety and best practices.
III. The state fire code and associated rules shall not require automatic fire suppression or sprinkler systems in detached one, or 2-family dwelling units in a structure used only for residential purposes.
III-a. For all dwellings, including multi-unit dwellings, electric grills with a safety certification from a nationally recognized testing laboratory, such as Underwriters Laboratories (UL), shall not be considered open flame cooking devices under the state fire code.
IV. The state fire marshal may exempt a building, structure, or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety. A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations. Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the state fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than rules adopted by the state fire marshal.
V. The state fire marshal, and the local fire chief, in accordance with RSA 154:2, shall use the state fire code, including rules adopted under paragraph I, and any local codes adopted in accordance with RSA 47:22 or RSA 155-A:3, for the purposes of new construction, additions, and alterations. It is the intent of the legislature to avoid conflicts in the adoption and application of the state building code and the state fire code.
VI. The provisions of the state fire code and associated rules shall not supersede the authority of local land use boards under planning and zoning provisions of Title LXIV of the RSA to regulate and permit driveway access, when not governed by RSA 236:13, for detached one or two-family dwelling units in a structure used only for residential purposes, and provided that minimum driveway width shall not be less than 12 feet for driveways over 150 feet in length. Before issuing the approval, the local land use boards shall give due consideration to any written recommendations of the municipal fire chief regarding fire department access, to include width, vertical clearance, grade, suitability of road surface, bridges, dead-ends, and the ability to pass and turn around once in the driveway.
Source. 1947, 251:1, par. 5. 1949, 141:1. RSA 153:5. 1955, 190:8. 1971, 486:4. 1975, 442:4. 1977, 361:2. 1983, 320:1. 1985, 347:6. 1991, 290:1. 1994, 46:1. 2010, 282:1. 2012, 242:5, eff. June 18, 2012. 2017, 129:1, eff. Aug. 15, 2017. 2023, 187:1, eff. Oct. 3, 2023.
Section 153:5-a
153:5-a Repealed by 2021, 150:2, Pt. I, Sec. 1, eff. Sept. 21, 2021. –
Section 153:5-b
153:5-b Repealed by 2010, 368:1(16), eff. Dec. 31, 2010. –
Section 153:5-c
153:5-c Special Effects Permit. –
The commissioner of safety, in consultation with the state fire marshal, shall adopt rules, under RSA 541-A, for issuance of a permit to use flame, pyrotechnics, or other means of special effects for entertainment, exhibition, demonstration, or simulation before a proximate audience as regulated by the state fire code adopted under RSA 153:5. The rules shall establish permit criteria and procedures, and shall include a $250 or $400 permit fee based on the complexity of the approval process. All permit fees collected under this section shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d.
Source. 2008, 192:5, eff. June 11, 2008.
Section 153:6
153:6 Review. –
Any person or corporation aggrieved by any such rule or regulation may apply by petition to the superior court in the county in which such person or corporation resides or has its principal place of business, for a review of such rule or regulation, within 90 days after the effective date thereof. No such petition shall suspend the operation of the rule or regulation complained of; provided that the superior court may order a suspension of such rule or regulation pending the determination of such petition for review, whenever in the opinion of the court, justice may require such suspension. In the trial of such petition for review, the court shall consider not only the record of evidence presented to the state fire marshal but also such additional evidence as the parties may offer. The court may hold unlawful and set aside rules and regulations of the state fire marshal found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege or immunity; (3) in excess of statutory jurisdiction, authority or limitations; (4) without observance of procedure required by law; (5) unsupported by substantial evidence; or (6) unwarranted by the facts as found by the court. The court may make such final order or decree as justice may require.
Source. 1947, 251:1, par. 6. RSA 153:6. 1971, 486:5, eff. July 2, 1971.
Section 153:7
153:7 State Fire Marshal. –
There shall be a state fire marshal who shall be qualified and appointed by the governor and council in the manner prescribed in RSA 21-P:12. He or she shall be subject to removal at any time by the governor and council for inefficiency, neglect of duty, or malfeasance in office, after hearing, with reasonable notice in writing of the charges against him or her. The office of the state fire marshal shall be located in Concord in suitable quarters provided by the state. The state fire marshal shall receive the annual salary prescribed by RSA 94:1-a. Such officer shall devote his or her entire time to the duties of the office and shall discharge such duties and responsibilities as are delegated to the fire marshal by law.
Source. 1947, 251:1, par. 7. 1953, 265:1. RSA 153:7. 1971, 486:6. 2013, 172:1, eff. July 2, 2013.
Section 153:8
153:8 Deputies and Assistants. –
There shall be appointed to the office of the state fire marshal such deputy state fire marshals as the state fire marshal shall request subject to the approval of the commissioner of safety within the limits of available appropriations and funds. Such deputies shall be classified state employees as defined by the department of personnel.
Source. 1947, 251:1, par. 8. 1950, 5, part 10:1. RSA 153:8. 1971, 486:7. 1975, 442:6. 1989, 388:4, eff. July 1, 1989.
Section 153:8-a
153:8-a Approval of Plans for Construction or Revision of all State Buildings Required. –
I. The state fire marshal or, by his or her direction, the deputy fire marshal shall be responsible for:
(a) Approval of all plans for construction or revision of all state buildings and properties, including the university system and the community college system of New Hampshire, as to compliance with the state building code and state fire code.
(b) Enforcement of the state fire code.
(c) With approval of the commissioner of safety, adoption of rules relative to the granting of exceptions or variances under this paragraph, and rules to be known as the state fire code as provided in RSA 153:5.
(d) Development, in consultation with the commissioner of safety and the commissioner of administrative services, of a schedule for the periodic safety inspection of all occupied public buildings owned by the state.
II. When performing his duties under paragraph I, the state fire marshal or the deputy fire marshal shall consider the written recommendations of the local fire chief and the local building inspector.
Source. 1975, 442:5. 1979, 398:3. 1981, 233:3. 1985, 347:5. 1991, 290:2. 2012, 242:6, eff. June 18, 2012.
Section 153:9
153:9 Assistants; Clerical. –
Subject to the state personnel regulations, and within the limits of available appropriations and funds, the department of safety shall furnish such additional clerical and secretarial assistants as may be necessary to carry out the duties and functions of the state fire marshal.
Source. 1950, 5, part 10:1. RSA 153:9. 1975, 442:7. 2011, 224:238, eff. July 1, 2011.
Section 153:10
153:10 Facilities. –
In order to promote the effectiveness and efficiency of the state fire marshal he may use such personnel and equipment of the department of transportation and divisions of motor vehicles and state police of the department of safety as may be by mutual agreement provided by the heads of said agencies, including, without limiting the generalities of the foregoing, the use of radio and other communication facilities.
Source. 1950, 5, part 10:2. 2004, 257:34, eff. June 15, 2004.
Section 153:10-a
153:10-a Automatic Fire Warning Devices and Carbon Monoxide Detection Devices in Dwellings. –
I. Each multi-unit dwelling and rental unit shall be equipped with automatic fire warning devices in accordance with the NFPA 101 Life Safety Code and the NFPA 72 National Fire Alarm and Signaling Code and carbon monoxide detection devices in accordance with the NFPA 720 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment; provided that a carbon monoxide detection device shall not be required in a multi-unit dwelling or rental unit that does not have an attached garage and does not contain an appliance or device that uses a combustion method of burning solid, liquid, or gas fuel. If a garage or combustion fuel appliance or device is later added to the dwelling or rental unit, a carbon monoxide detection device shall be required.
II. Every single family dwelling which is built or substantially rehabilitated after January 1, 2010, shall be equipped with an automatic fire warning device and a carbon monoxide detection device; provided that a carbon monoxide detection device shall not be required if the single family dwelling does not have an attached garage and does not contain an appliance or device that uses a combustion method of burning solid, liquid, or gas fuel. If a garage or combustion fuel appliance or device is later added to the dwelling, a carbon monoxide detection device shall be required.
II-a. The owner of the rental unit shall be responsible for maintaining the automatic fire warning device and carbon monoxide detection device in a suitable condition.
III. The state fire marshal may adopt such rules pursuant to RSA 541-A as necessary to enforce paragraphs I, II, and II-a; provided that under no circumstances shall the rules require the installation of a fire sprinkler system in a one- or 2-family dwelling unit that otherwise meets the requirements of this section. The state fire marshal shall either enforce the provisions of this section or appoint the appropriate municipal authority to enforce the provisions of this section.
IV. Any party aggrieved by the state fire marshal's interpretation, order, requirement, or direction under the provisions of this section may, within 45 days after the service of notice, appeal to the supreme court under RSA 541.
V. The state fire marshal may grant authority in writing to local fire authorities to issue citations for violations of fire safety rules adopted under RSA 153:10-a and RSA 153:10-b. A citation for violations issued under this paragraph shall carry the penalty set forth in RSA 153:24.
VI. Any ordinance or bylaw enacted by a city, town, village district, or precinct, or any rule or regulation adopted for licensure by a governmental agency which contains more stringent requirements than the provisions of this section shall not be made void by this section and shall remain in full force and effect.
VII. Whenever the enforcement authority observes a violation of this section, he or she shall prepare a written notice of violation describing the substandard condition and specifying a time limit for the elimination of the violation. The written notice of violation shall be served by the enforcement authority or the authority's designee upon the owner or the owner's duly authorized agent or upon the occupant or other person responsible for the violation. Such notice of violation shall be served either by certified mail to the last known post office address or by delivering it personally to such person or persons.
Source. 1979, 480:1. 1981, 497:2. 1983, 446:2; 450:2. 1985, 347:9. 1986, 14:3; 102:4. 2009, 46:1. 2010, 282:2. 2011, 129:1, eff. July 1, 2011.
Section 153:10-b
153:10-b Fire Protection and Warning Devices in Health Care Facilities. –
I. All health care facilities shall be provided with the following:
(a) An automatic or manually operated fire alarm system approved by the state fire marshal.
(b) A non-battery operated smoke detection system or unit approved by the state fire marshal in all corridors and stairwells of hospitals and an additional non-battery operated smoke detector in each bedroom of nursing homes and hospices.
(c) An automatic water sprinkler system approved by the state fire marshal in all hazardous areas such as kitchens and laundries, but not limited to these areas, in all health care facilities.
II. The state fire marshal may grant exceptions or require alternative measures to paragraph I that achieve equivalent protection. The state fire marshal's written orders under this paragraph shall be complied with not later than 180 days following issuance.
III. The operation of any fire protection or warning device shall automatically, without delay, accomplish the following:
(a) General alarm condition.
(b) Control functions required to be performed by the device.
(c) Transmit an alarm automatically to the fire department which is legally committed to serve the area in which the health care facility is located, by the most direct and reliable method approved by the local fire authority and the state fire marshal.
IV. A remote, constantly attended location that will receive all fire alarm signals may be substituted for fire alarm notification to the fire department if approved by the state fire marshal. In this case, an immediate, direct method of manual fire alarm shall be available for fire department notification.
V. All designs of fire protection and warning devices for health care facilities shall be reviewed by the state fire marshal to determine compliance with the requirements of RSA 153:10-b, and no device shall be installed until it has been approved by the state fire marshal.
VI. The state fire marshal shall determine the adequacy of fire warning protection in each health care facility on an individual basis. The state fire marshal shall adopt rules under RSA 541-A to be included in the state fire code to implement the purposes of this section. Authority under this section is in addition to and not a diminution of the authority of the state fire marshal as provided in RSA 153:5.
VII. The state fire marshal may delegate his authority to insure compliance with the provisions of this section and may delegate the inspections of premises to any legal fire authority in any city, town, or precinct. If any local ordinance or bylaw or any rule adopted by a state agency contains more stringent requirements than the provisions of this section, the more stringent requirements shall be controlling.
VIII. Any party aggrieved by the state fire marshal's interpretation, order, requirements, or direction under the provisions of this section may, within 45 days after the service of notice, appeal to the supreme court under RSA 541.
Source. 1986, 14:4, eff. April 18, 1986.
Section 153:10-c
153:10-c Program to Promote Fire Safety Education. –
The state fire marshal shall establish a program to promote fire safety education and reduce fire loss by working with authorized city, town and village district, fire and building department officials and other state and local agencies to encourage fire-safe practices throughout the state.
Source. 1994, 9:3, eff. June 7, 1994.
Section 153:10-d
153:10-d Exemption for Recovery Houses. –
I. An owner or operator of a recovery house which is in compliance with rules adopted by the commissioner of health and human services under RSA 172-B:2, V for the voluntary registry for operators of recovery houses or who is certified by the New Hampshire Coalition of Recovery Residences may apply to the state fire marshal and maybe granted an exemption under RSA 153:5, IV from certain requirements of the state fire code, provided the following requirements are in place:
(a) A properly maintained electrical system.
(b) A properly maintained heating system, inspected and tagged annually by a qualified service technician, including a domestic sprinkler head over the unit and smoke separation from living area.
(c) Properly maintained cooking appliances.
(d) Street number of the recovery house posted and visible from the street.
(e) No smoking within 10 feet of the building unless approved by the local fire department.
(f) A written evacuation plan submitted to and approved by the local fire department.
(g) Monthly evacuation drills must be conducted with documentation available for review onsite.
(h) Basement living spaces shall have an exit directly to grade.
(i) The facility shall have a minimum of 50 gross square feet per bed per sleeping room.
(j) At least one escape window in each sleeping room. An escape window shall comply with the state fire marshal's most recent informational bulletin document relative to size and dimensions.
(k) Installed interconnected smoke and carbon monoxide alarms, electrically powered with battery backup, on each level and in each sleeping room. Ten-year battery alarms with wireless interconnectivity may be substituted for electrically powered alarms. For occupancies exceeding 8 occupants, the installation of a complete fire alarm system, with carbon monoxide detection, including automatic notification to the local fire department shall be required.
(l) Annual compliance inspection by the local fire department.
(m) If the travel distance to an exit is greater than 75 feet, or for occupancies with living space above the second floor regardless of travel distance, there shall be 2 remote means of egress from each floor.
(n) A 24-hour emergency contact person with contact information and the approved building occupant load shall be posted in the common area of the building so it is readily visible to the fire department.
II. In this section, "recovery house" means a residence that provides a safe, healthy, family-like, substance-free living environment that supports individuals in recovery from addiction and is centered on peer support and a connection to services that promote long-term recovery; provided that "recovery housing" shall not include a halfway house or any other facility requiring a license pursuant to RSA 151.
Source. 2021, 26:1, eff. July 5, 2021. 2022, 88:1, eff. July 19, 2022.
Section 153:11
153:11 Report of Causes and Origins of all Fires. –
Every fire occurring in this state shall be reported in writing to the state fire marshal within 10 days after the occurrence of the same by the appropriate fire chief and shall be in the form prescribed by the board and shall contain a statement of all facts relating to the cause and origin of such fire, so far as is possible, the extent of damage thereof and the insurance upon such property, and such other information as may be required. Fires resulting in losses of less than $5,000 need not be reported unless there is death resulting. The state fire marshal shall cause to be prepared necessary instructional data for the fire chiefs and sufficient forms for their use in the reports required hereby and cause them to be printed and sent to each fire chief. When the cause, origin and circumstances of any fire occurring in any city, town, village district or precinct in this state indicates that such fire was the result of design, or of suspicious origin, the fire chief shall immediately notify the state fire marshal. The state fire marshal shall have the option and authority to submit his findings of facts in the case to the state police, county attorney or local authorities who may assist him in the matter in arrest or prosecution.
Source. 1947, 251:1, par. 9. RSA 153:11. 1957, 59:1. 1971, 115:1; 486:8. 1975, 442:8, eff. Aug. 19, 1975.
Section 153:12
153:12 Fire Chiefs. –
Any fire chief may request the state fire marshal at any time to assist him in ascertaining the cause, origin and circumstances relative to any fire within his territorial jurisdiction, or to assist, advise or counsel him in supervising and monitoring any local law, bylaw or ordinance promulgated by such city, town, village district or precinct within the intent and scope of this chapter.
Source. 1947, 251:1, par. 10. RSA 153:12. 1975, 442:9, eff. Aug. 19, 1975.
Section 153:13
153:13 Reports of Insurance Companies. –
Every fire insurance company transacting business in this state is hereby required to file with the state fire marshal through a recognized bureau or organization of companies or through the secretary or other officer of the insurance company, a monthly report of fire losses showing the name of the assured, designating the class of occupancy, location of the property burned and probable causes of fire. Losses under $5,000 need not be included in such reports.
Source. 1947, 251:1, par. 11. RSA 153:13. 1957, 225:1. 1971, 115:2; 486:9. 1975, 442:10. 1979, 231:1, eff. Aug. 11, 1979.
Section 153:13-a
153:13-a Fires of Suspicious Origin. –
I. An authorized investigator from the state fire marshal's office, or from any fire department or law enforcement agency may request an insurance company investigating a fire loss of real or personal property, building collapse, or an incident involving the release of carbon monoxide other than from a motor vehicle to release any information in its possession relative to that loss. The company shall release the information and cooperate with any official authorized to request such information pursuant to this section. No waiver of an insurance company's applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of such release of information. The information may include, but shall not be limited to:
(a) Any insurance policy relevant to a fire loss, building collapse, or release of carbon monoxide under investigation and any application for such policy;
(b) Policy premium payment records;
(c) History of previous claims made by the insured; and
(d) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
II. If an insurance company has reason to suspect that a fire loss in the amount of $1,000 or more to its insured's real or personal property was caused by other than accidental means, the company shall notify the office of the state fire marshal and furnish the fire marshal, either through a recognized bureau or organization of companies or through the secretary or other officer of the insurance company, with all relevant material acquired during its investigation of the fire loss, cooperate with and take such reasonable action as may be requested of it by any law enforcement agency, and permit any person so ordered by a court to inspect any of its records pertaining to the policy and the loss.
III. The state fire marshal or any fire chief whose department is investigating any fire loss of real or personal property, building collapse, or incident involving the release of carbon monoxide other than from a motor vehicle shall notify any insurance company believed to have an interest as insurer of such property. Notification shall include a statement of the nature of such investigation.
IV. In the absence of fraud or malice, no public official or insurance company or person who furnishes information on its behalf, is liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required pursuant to this section.
V. The recipient of any information furnished pursuant to this section shall hold the information in confidence and not release it, except to another official referred to in paragraph I, until such time as its release is required pursuant to a criminal or civil proceeding.
VI. Any official referred to in paragraph I of this section may be required to testify as to or to release any information in his or her possession regarding the fire loss, building collapse, or release of carbon monoxide in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss, building collapse, or release of carbon monoxide.
VII. (a) No person shall purposely refuse to release any information requested pursuant to paragraph I of this section.
(b) No person shall purposely refuse to make the necessary notification of a fire loss pursuant to paragraph II of this section.
(c) No person shall purposely refuse to supply to the proper authorities pertinent information requested to be furnished pursuant to paragraph II of this section.
(d) No person shall purposely fail to hold in confidence information required to be held in confidence by paragraph V of this section.
VIII. Whoever violates paragraph VII(a), (b), (c), or (d) of this section is guilty of a misdemeanor. It shall not be considered a violation of this section if an insurance company acts in good faith and believes it has done everything required of it by this section.
Source. 1979, 231:2. 1981, 104:1, 2, eff. June 22, 1981. 2019, 232:1, eff. Sept. 10, 2019.
Section 153:14
153:14 Fire Safety Measures. –
I. For cities, towns, village districts and precincts not having local laws and ordinances, and those cities, towns, village districts and precincts whose existent laws and ordinances do not afford the necessary fire safety measures, the state fire marshal shall make and promulgate reasonable rules and regulations for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly flammable materials and rubbish, flammable fluids or compounds, tablets, and may prescribe the materials and construction of receptacles and buildings to be used for any of the said purposes. These rules shall apply to the construction or remodeling of buildings and plants for flammable liquids and shall apply to new installation of and replacement of equipment for flammable liquids. These rules shall also apply to existing buildings, plants or equipment, which were not previously but are hereafter used for flammable liquids, but shall not apply to existing buildings, plants, structures or equipment now used for flammable liquids unless the state fire marshal shall determine the conditions constitute a fire hazard. These rules shall be adopted in conformity with the procedure set forth in RSA 153:5 and shall be subject to judicial review as provided in RSA 153:6. Any city, town, village district and precinct may adopt the rules and regulations of the state fire marshal by reference thereto, as a part of its local laws and ordinances.
II. (a) The state fire marshal, the state fire marshal's authorized officers, or fire chief upon complaint or whenever the state fire marshal, such authorized officers, or fire chief shall deem it necessary, may inspect all buildings, excluding single family dwellings and multi-unit dwellings containing 2 units, and premises within their jurisdiction and, if consent for such inspection is denied or unobtainable, may obtain an administrative inspection warrant under RSA 595-B. Whenever any of the said officers shall find any condition that such officer deems to be hazardous to life or property, the officer shall order the hazardous condition to be removed or remedied by written order. If such order requires a structural change or alteration, it shall be approved by the state fire marshal or fire chief before it is effective. Such order shall be complied with by the owner of such premises or buildings within the time limit specified in such order, provided, however, that any such owner, who is aggrieved by any such order, may, within 14 days after the service of such order as hereinafter provided, file a petition with the superior court, praying for a review of such order. It shall be the duty of such court to hear the same at the first convenient day, and to make such order in the premises as right and justice may require.
(b) Each local fire chief shall annually inspect all school buildings within his or her jurisdiction while school is in session and submit a written report to the state fire marshal on the condition of all such school buildings. A copy of the report shall be furnished to the school district superintendent and school board members. The report shall detail any state fire code compliance issues in each school building. The report shall be submitted no later than December 15 each year.
III. Service of orders issued under paragraph II shall be made by the appropriate law enforcement authority if the residence of the owner is within the state, and by an officer authorized to serve legal process, if without the state. An attested copy of such order shall also be contemporaneously served upon the tenant or occupant of the property, if any, in like manner. If the owner is not a resident of this state and his residence is unknown, the state fire marshal may institute proceedings in equity in the superior court to enforce its order and service thereof shall be made upon the tenant or occupant of the property, if any, and in such further manner as the court may order. In such case the court shall render such final decree on the state fire marshal's order as justice may require.
IV. The state fire marshal is hereby authorized and directed to promulgate and adopt a model code for the installation and operation of solid fuel heating appliances. Said code may be adopted by any city or town pursuant to RSA 47:28 or RSA 31:117.
V. All fire chiefs and duly authorized subordinates shall provide information on the local appeals process for local fire code ordinances and the variance process for the state fire code upon review of plans and notice of violations.
VI. Any notice of violation issued by the state fire marshal or the state fire marshal's authorized representative shall include the relevant section of the state or local fire code.
Source. 1947, 251:1, par. 12. RSA 153:14. 1955, 190:9. 1971, 486:10. 1975, 442:11, 12. 1977, 361:3. 1979, 449:2. 1991, 231:5. 1998, 321:1. 2008, 91:1. 2012, 225:3, eff. Aug. 14, 2012. 2019, 48:1, eff. Aug. 4, 2019.
Flammable Fabrics
Section 153:14-a
153:14-a Fabric Safety. –
Following any fire fatality, serious accident or conclusive information on the high rate of flammability involving garments, clothing or fabric materials, the state fire marshal, or his authorized officer, with the approval of the commissioner of safety, is authorized to issue a temporary cease and desist order to the merchant or vendor preventing the further sale or distribution of such material, if said material is deemed by him to represent a dangerous fire hazard due to the rapid rate of flammability. This prohibition in the sale or distribution of such garments, clothing, home furnishings, carpets, mattresses, and fabric materials shall continue until such time as the questioned garment, clothing, home furnishings, carpets, mattresses or fabric material, in the opinion of the fire marshal has been proven safe for general use by the public.
Source. 1972, 45:1, eff. May 22, 1972.
Section 153:14-b
153:14-b Fire Marshal's Hearing. –
I. Within 10 days following the issuance of a temporary cease and desist order, the fire marshal shall schedule a formal hearing relative to the merits of said order, and based on his findings a determination shall be made as to whether the order will be dismissed or changed to a permanent cease and desist order, until such time as the material in question has proven safe for general use by the public.
II. Within 30 days after any order or decision of the fire marshal, any party to the action or proceeding before the fire marshal may appeal to the superior court for a "de novo" hearing.
Source. 1972, 45:1, eff. May 22, 1972.
Section 153:14-c
153:14-c Penalty for Violation. –
I. Any person who violates this subdivision shall be guilty of a misdemeanor for each offense and each day in violation constitutes a separate offense.
II. If a merchant or vendor can establish on sufficient proof that he received the merchandise or fabric material under manufacturers written or labeled guarantee that reasonable and representative tests were made establishing a low rate of flammability and further processing has not affected the flammability of the fabric material or wearing apparel, and this fabric material or wearing apparel is deemed by the fire marshal to have in fact a high rate of flammability, the manufacturer and not the merchant or vendor, shall be subject to the provisions of this section.
Source. 1972, 45:1. 1975, 442:13, eff. Aug. 19, 1975.
Appeal and Order
Section 153:15
153:15 Bond on Appeal From State Fire Marshal Order. –
Parties appealing to the superior court under RSA 153:14, II shall file with said court within 2 days a bond in the amount to be fixed by the court with at least 2 sufficient sureties, to be approved by the court, conditioned to pay all costs on such appeal in case such appellant fails to sustain his appeal or the same be dismissed for any cause.
Source. 1947, 251:1, par. 13. RSA 153:15. 1971, 486:11, eff. July 2, 1971.
Section 153:16
153:16 Failure to Comply With Order. –
If any owner fails to comply with the lawful order of the state fire marshal, the state fire marshal's authorized officers, or fire chief under RSA 153:14, II, or with the order as modified on appeal as provided in RSA 153:14, and within the time fixed, such owner shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each day of noncompliance shall constitute a separate offense.
Source. 1947, 251:1, par. 14. RSA 153:16. 1971, 486:12. 1998, 321:2, eff. Jan. 1, 1999.
Flammable Liquids
Section 153:16-a
153:16-a Sale of Plastic Containers Prohibited. –
No person shall sell or offer for sale any plastic container designed or intended for the storage of gasoline or other flammable liquids unless such container conforms to existing federal standards and has been approved by the state fire marshal. Any person violating the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source. 1979, 398:1, eff. Aug. 22, 1979.
Certification of Heating Equipment Installers
Section 153:16-b
153:16-b Certification of Heating Equipment Installers and Heating Equipment Service Personnel; Penalty. –
I. The mechanical licensing board established in RSA 153:27-a shall establish a voluntary certification program for certifying the following:
(a) Individuals involved in the installation of residential and non-residential heating equipment systems, water heating systems, or appliances using heating oil.
(b) Individuals involved in the servicing and repair of heating equipment, water heating systems, or appliances using heating oil.
II. The mechanical licensing board with the approval of the executive director of the office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to the establishment of minimum education and training standards for voluntarily certified heating equipment installers and heating equipment service personnel.
III. The mechanical licensing board with the approval of the executive director of the office of professional licensing and certification shall adopt rules, which shall not be subject to RSA 541-A, relative to the establishment of fees for voluntary certification under this section. After the first year of this program, such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees collected shall be deposited in the office of professional licensure and certification fund established in RSA 310:5.
IV. Whoever falsely claims to be certified under this section through advertising, signage, or verbal representation shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source. 2003, 300:1. 2006, 206:4. 2013, 275:3, eff. July 1, 2013. 2022, 314:20, eff. July 1, 2022. 2023, 112:4, eff. July 1, 2023; 235:11, eff. July 15, 2023.
Section 153:16-c
153:16-c Repealed by 2020, 37:4, XII, eff. July 29, 2020. –
Miscellaneous
Section 153:17
153:17 Local Laws and Ordinances. –
In the cities, towns, village districts and precincts having local laws or ordinances in matters embraced in RSA 153:14, upon complaint of any person or persons that compliance with such laws or ordinances is not being effected, the state fire marshal shall cause such complaint to be investigated and if such complaint is substantiated he shall have the authority to take the action necessary to enforce such local laws and ordinances.
Source. 1947, 251:1, par. 15. RSA 153:17. 1971, 486:13, eff. July 2, 1971.
Section 153:18
153:18 Investigations. –
The state fire marshal may, in addition to the reports made by any fire chief, whenever the state fire marshal deems it expedient or advisable, investigate or cause to be investigated, the cause, circumstances, and origin of any fire or building collapse occurring in the state, by which property is endangered, damaged, or destroyed, or any incident involving the release of carbon monoxide other than from a motor vehicle, and may especially examine and decide whether the same was the result of carelessness, design, or deliberate act. The state fire marshal shall have the power vested in a justice of the peace to compel the attendance of witnesses to testify upon an inquiry. Any fire, building collapse, or release of carbon monoxide other than from a motor vehicle occurring where death results shall be reported immediately to the office of the state fire marshal by the fire chief, and the office of the state fire marshal shall investigate the fire, building collapse, or release of carbon monoxide within 48 hours after receiving said report.
Source. 1947, 251:1, par. 16. RSA 153:18. 1971, 486:14. 1975, 442:14. 1977, 361:4. 1997, 85:1, eff. Aug. 2, 1997.
Section 153:19
153:19 Taking Testimony. –
The state fire marshal shall, when in his opinion the proceedings under RSA 153:18 are necessary, take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matters concerning which such examination is made, and cause the same to be reduced to writing. If he shall be of the opinion that there is sufficient evidence to charge any person with the crime of arson or incendiarism he shall furnish to the appropriate law enforcement agency all such evidence together with the names of witnesses and all information obtained by him, including a copy of all pertinent and material testimony in the case.
Source. 1947, 251:1, par. 17. RSA 153:19. 1975, 442:15, eff. Aug. 19, 1975.
Section 153:20
153:20 Repealed by 2019, 346:157, II, eff. July 1, 2019. –
Section 153:21
153:21 Entry. –
The state fire marshal or his authorized officers may at all reasonable hours enter any building or premises, at the request of any fire chief, for the purpose of making an inspection or investigation which, under the provisions hereof, he may deem necessary to be made. If the owner or occupant refuses to permit such inspection, the state fire marshal or his authorized officers may, if they have reasonable suspicion of the violation of the provisions hereof or of any rule or regulation of the state fire marshal or of any local law or ordinance pertaining to fire prevention, apply under oath for the issuance of a search warrant as provided in RSA 595, and such warrant may issue upon a showing of just cause.
Source. 1947, 251:1, par. 19. RSA 153:21. 1971, 486:16. 1975, 442:16, eff. Aug. 19, 1975.
Section 153:22
153:22 Records. –
The state fire marshal shall keep and maintain a record of all fires, building collapses, and incidents involving the release of carbon monoxide other than from a motor vehicle occurring in this state and of all facts concerning the same, including statistics as to the extent of such fires, building collapses, and release of carbon monoxide and the damage caused thereby when over $5,000 and whether such losses were covered by insurance, and if so, in what amount. Such records shall be made daily from the reports made to the state fire marshal by the fire chiefs under the provisions hereof. All such records shall be public, except any testimony taken in an investigation under the provisions hereof of which the state fire marshal in the fire marshal's discretion may withhold from the public.
Source. 1947, 251:1, par. 20. RSA 153:22. 1971, 486:17. 1975, 442:17. 1997, 85:2, eff. Aug. 2, 1997.
Section 153:23
153:23 Penalty for Neglect of Official Duty. –
Any fire chief who refuses or neglects to comply, after due notice by the state fire marshal, with any of the requirements hereof shall be guilty of a violation for each offense.
Source. 1947, 251:1, par. 21. RSA 153:23. 1973, 531:34. 1975, 442:18, eff. Aug. 19, 1975.
Section 153:24
153:24 Penalty for Violation of Regulations. –
Whoever shall violate any rule or regulation of the state fire marshal issued pursuant to RSA 153:5 or RSA 153:14, I, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each offense shall constitute a separate violation. All penalties, fees, or forfeitures collected under the provisions of this chapter shall be paid into the treasury of the state.
Source. 1947, 251:1, par. 22. RSA 153:24. 1971, 486:18. 1973, 530:12, eff. Oct. 31, 1973 at 11:59 p.m.
Section 153:25
153:25 Construction of Chapter. –
It is hereby declared that this chapter is necessary for the public safety, health, peace and welfare, is remedial in nature, and shall be construed liberally, and shall not be declared unconstitutional or void for the reason that any section or provision thereof may be in contravention of the constitution. Should any provision or section hereof be held to be invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of such section or sections hereof, it being the legislative intent that this chapter shall stand, notwithstanding the invalidity of any such provision or section.
Source. 1947, 251:1, par. 23, eff. July 1, 1947.
Section 153:26
153:26 Conflicting Laws or Regulations. –
Nothing herein provided shall be construed to repeal or modify any existing statutes or regulations made thereunder by any state department or local officials.
Source. 1947, 251:1, par. 24, eff. July 1, 1947.
Mechanical Licensing
Section 153:27
153:27 Definitions. –
In this subdivision:
I. "Board" means the mechanical licensing board established in RSA 153:27-a.
II. "Domestic appliance technician" means any person engaged in the installation, servicing, and repair of liquefied propane or natural gas domestic appliances designed specifically for residential use, limited to residential clothes dryers and their venting systems, domestic stove tops, cook stoves and ranges and their venting systems, or outdoor cooking equipment and pool heaters.
III. "Fuel gas fitter" means a hearth system installation and service technician, a domestic appliance technician, a fuel gas installation technician, a fuel gas service technician, or a fuel gas piping installer regulated by this subdivision.
IV. "Fuel gas fitting" means the installation, repair, alteration, service, demolition or removal of pipes, fixtures, fittings, appliances, equipment, or apparatus necessary for supplying natural gas or propane for residential or non-residential use from the point of delivery and all gas piping before connection to the combustion zone and including the applicable venting of flue gases to the outside atmosphere and the provisions for air for combustion and ventilation.
V. "Fuel gas installation technician" means any person engaged in the installation of inside and outside piping from the outlet of the gas meter or first stage regulator or residential and non-residential fuel gas appliances and equipment, including but not limited to heating equipment systems or water heating systems using liquefied propane gas or natural gas.
VI. "Fuel gas piping installer" means any person engaged in the installation of liquefied propane gas or natural gas piping or who is a New Hampshire licensed plumber, approved by the board through affidavit, experience, education or training in the use of NFPA 54, national fuel gas code as adopted pursuant to RSA 153:5 in the state fire code.
VII. "Fuel gas service technician" means any person engaged in the servicing and repair of inside and outside piping from the outlet of the gas meter or first stage regulator or residential and non-residential fuel gas appliances and equipment, including but not limited to heating equipment systems or water heating systems using liquefied propane gas or natural gas.
VIII. "Fuel gas trainee" means any person engaged in the process of meeting the licensing requirements of this subdivision, who shall work under the direct supervision of a licensed fuel gas fitter in the repair or installation of inside and outside piping from a gas meter or first stage regulator, and the repair or installation of residential and nonresidential fuel gas appliances and equipment, including but not limited to heating equipment systems, hot water heating systems, domestic appliances, or hearth equipment systems utilizing liquefied propane gas or natural gas.
IX. "Hearth system installation and service technician" means any person engaged in the installation, servicing, and repair of liquefied propane or natural gas hearth appliances and venting systems.
X. "Journeyman plumber" means any person who customarily performs the work of installing, maintaining, and repairing plumbing and drainage under the direction of a master plumber.
XI. "License" means any license issued pursuant to this subdivision.
XII. "Master plumber" means any person, firm, corporation, or limited liability company that, as a business, hires or employs a person or persons to do plumbing work, or, without hiring any person, does that work as a principal business or as auxiliary to a principal business for its own account.
XIII. "Person" means an individual, natural person.
XIV. "Plumbing" means the practice, materials, and fixtures used in the installing, maintenance, extension, and alteration of all piping, fixtures, plumbing appliances, and plumbing appurtenances within or adjacent to any structure, in connection with sanitary drainage or storm drainage facilities; venting systems; and public or private water systems. For the purposes of this subdivision, the term "plumbing" shall not apply beyond the first fitting beyond the foundation wall of the building or 5 feet of pipe from the building.
XV. "Plumbing apprentice" means any person who is engaged in learning and assisting in the installation of plumbing and drainage under an apprenticeship program that meets the requirements of the state apprenticeship advisory council established in RSA 278 or the rules of the board.
XVI. "Water treatment system" means any apparatus for treating or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard, and the pipes, fittings, and other components servicing such apparatus.
XVII. "Water treatment technician" means any person who installs, maintains, or repairs water treatment systems.
XVIII. "Water treatment trainee" means any person who is engaged in learning about and assisting in installing, maintaining, or repairing water treatment systems under the direct supervision of a water treatment technician certified under this subdivision.
Source. 2006, 206:3. 2008, 170:1. 2010, 140:1. 2013, 275:5, eff. July 1, 2013. 2019, 253:1, eff. Sept. 17, 2019.
Section 153:27-a
153:27-a Mechanical Licensing Board. –
There is hereby established as a unit within the office of professional licensure and certification. The term of office for the members appointed to the board shall be 3 years and until a successor is appointed. The initial appointed members of the board shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. No member of the board shall be appointed to more than 2 consecutive terms.
I. (a) No member of the board may be associated with the formal education for licensing, and/or be provider or an employee of a provider for continuing education for any profession or trade licensed under this subdivision.
(b) A public member of the board shall be a person who is not, and never was, a member of the fuel gas fitting or plumbing trade or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of plumbing and/or fuel gas services or an activity directly related to plumbing and/or fuel gas, including the representation of the board or trade for a fee at any time during the 5 years preceding appointment.
II. The board shall:
(a) Adopt rules as provided for in this subdivision.
(b) Review and approve educational programs and providers.
(c) Conduct hearings for disciplinary actions.
(d) Review and recommend adoptions, exceptions, or omissions to technical standards as adopted under RSA 153:28.
(e) Develop and recommend for the legislature future changes to this subdivision.
III. The members of the board shall be appointed by the governor and council as follows:
(a) Two licensed journeymen or master plumbers, who are actively working in the trade as plumbers.
(b) One licensed fuel gas fitter, actively working in the trade as a fuel gas fitter.
(c) One certified heating equipment installer or heating equipment service person under RSA 153:16-b.
(d) One public member who is not, and never was, a member of the plumbing trade or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of plumbing services or an activity directly related to plumbing, including the representation of the board or trade for a fee at any time during the 5 years preceding appointment.
IV. The board shall annually elect a chairman from among its members.
Source. 2013, 275:6, eff. July 1, 2013. 2021, 91:82, eff. July 1, 2021. 2023, 79:302, eff. Sept. 1, 2023.
Section 153:28
153:28 Rulemaking. –
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the office of professional licensure and certification and with the approval of the executive director of the office of professional licensure and certification, shall adopt rules, pursuant to under RSA 541-A, necessary for the proper implementation of the licensure requirements established in this subdivision, which shall include the following:
(a) Standards regarding requirements for education or its equivalent, field experience or its equivalent in an approved educational setting, and testing for applicants for initial licensure for the following specialty licenses:
(1) Hearth system installation and service technician.
(2) Fuel gas installation technician; provided that the standards adopted in rules shall require 1,000 hours of field experience, or its equivalent in an approved educational setting, within a 60-month period relevant to the installation, servicing, and repair of gas appliances or equipment and that up to 500 hours of relevant field experience installing, servicing, or repairing heating oil fired appliances or equipment within the 60-month period may be used to meet the required 1,000 hours.
(3) Fuel gas service technician; provided that the standards adopted in rules shall require 2,000 hours of field experience, or its equivalent in an approved educational setting, within a 60-month period relevant to the installation, servicing, and repair of gas appliances, equipment, or gas piping and that up to 750 hours of relevant field experience installing, servicing, or repairing heating oil fired appliances or equipment within the 60-month period may be used to meet the required 2,000 hours.
(4) Fuel gas piping installer; provided that the standards adopted in rules shall require 1,000 hours of field experience, or its equivalent in an approved educational setting, within a 60-month period relevant to the installation of gas piping and that up to 500 hours of relevant field experience installing, servicing, or repairing heating oil fired appliances or equipment within the 60-month period may be used to meet the required 1,000 hours.
(5) Fuel gas trainee.
(6) Domestic appliance technician.
(7) Master plumber.
(8) Journeyman plumber.
(9) Apprentice plumber.
(b) Standards for license renewal and continuing education requirements. Continuing education requirements may be fulfilled in full or in part by training programs approved by the board. The rules shall address the number of hours of continuing education for each specialty license, and education applicable to holders of multiple specialty licenses.
(c) The implementation of reciprocity agreements entered into pursuant to paragraph V.
II. [Repealed.]
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the office of professional licensure and certification and with the approval of the executive director of the office of professional licensure and certification, shall adopt technical standards for fuel gas fitting and plumbing by rule under RSA 541-A. The board shall use applicable codes as adopted by the state of New Hampshire.
IV. The office of professional licensure and certification shall assist and support the board in administering and enforcing the provisions of this subdivision.
V. The board, through the office of professional licensure and certification, may enter into reciprocity agreements which shall permit the licensing of fuel gas fitters and plumbers from states which have a mutual mechanical licensing reciprocity agreement with this state, for all mechanical licenses listed in paragraph I(a) provided the board determines that the requirements for licensure in that state are equivalent to, or greater than, those established by this subdivision.
Source. 2006, 206:3. 2008, 234:1. 2010, 140:2, 3. 2013, 275:7, eff. July 1, 2013. 2014, 269:1, eff. July 1, 2014. 2022, 314:21, 22, eff. July 1, 2022. 2023, 79:303, I, eff. Sept. 1, 2023; 112:5, eff. July 1, 2023; 235:12, eff. Sept. 1, 2023.
Section 153:29
153:29 Examinations; Licenses. –
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the office of professional licensure and certification and with the approval of the executive director of the office of professional licensure and certification, shall establish, through rulemaking pursuant to RSA 541-A, the nature of the examinations required for issuance of fuel gas fitter licenses and plumbers licenses. The scope of such examinations and the methods of procedure shall be prescribed by the board. This may include an outside organization approved by the board.
II. Each license issued by the board shall identify which of the following special licenses or license endorsements apply to the licensee:
(a) Hearth system installation and service technician.
(b) Fuel gas installation technician.
(c) Fuel gas service technician.
(d) Fuel gas piping installer.
(e) Fuel gas trainee.
(f) Domestic appliance technician.
(g) Master plumber.
(h) Journeyman plumber.
(i) Apprentice plumber.
III. No licensee shall engage in any activity not covered by his or her specialty license.
IV. The license issued shall be available for inspection on request. The board shall issue a license suitable to be carried by the individual licensee.
Source. 2006, 206:3. 2010, 140:4. 2013, 275:8, eff. July 1, 2013. 2022, 314:23, 24, eff. July 1, 2022.
Section 153:29-a
153:29-a Mechanical License; Business Entities. –
I. The board may issue a business entity a license without examination or continuing education requirements to corporations, partnerships, or limited liability companies engaged in fuel gas fitting and/or plumbing, provided one or more officers of the corporation, or designee, or one or more members of the partnership, or designee, or one or more managing members of the limited liability company, or designee, hold an active and current license as a domestic appliance technician, hearth system installation and service technician, fuel gas piping installer, fuel gas installation technician, fuel gas service technician, or master plumber for the appropriate mechanical business entity license, or any combination thereof, provided that the licensee of record is properly licensed for each of the business entities listed by the applicant under this subdivision. Within 30 days after the death or withdrawal of the licensed person as a corporate officer, or designee, or member of the partnership, or designee, or one or more managing members of the limited liability company, or designee, the licensed person, corporation, partnership, or limited liability company shall give notice thereof to the board and, if no other officer, partner, manager or designee, is licensed as a domestic appliance technician, hearth system installation and service technician, fuel gas piping installer, fuel gas installation technician, fuel gas service technician, or master plumber, the corporation, or partnership, or limited liability company shall not act as a fuel gas fitter or plumber until some other officer, member, or designee, has obtained a license as a domestic appliance technician, hearth system installation and service technician, fuel gas piping installer, fuel gas installation technician, fuel gas service technician, or master plumber. Notwithstanding any other provision of law, the board shall not require a fee for a business entity engaged in fitting and/or plumbing where a licensed domestic appliance technician, hearth system installation and service technician, fuel gas piping installer, fuel gas installation technician, fuel gas service technician, or master plumber is the sole individual holding the license of the business entity.
II. All licenses issued under this section shall expire every 2 years on the last day of January. The board shall renew a valid license issued under this section on receipt of an application for renewal and the required fee before the expiration date of the license.
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the office of professional licensure and certification and with the approval of the executive director of the office of professional licensure and certification, shall adopt rules, pursuant to RSA 541-A, relative to the application and renewal procedure and any eligibility requirements in addition to those in this subdivision for a fuel gas fitter license or plumber for business entities issued pursuant to this section.
IV. The board shall establish a fee structure for mechanical business entities by providing the following:
(a) Fees not to exceed $250 for a business entity which employs no less than one additional licensee and not more than 5 employees required to be licensed under this subdivision.
(b) Fees not to exceed $400 for a business entity employing not more than 20 employees required to be licensed under this subdivision.
(c) Fees not to exceed $600 for a business employing 21 or more employees required to be licensed under this subdivision.
(d) Application, renewal, late renewal and re-instatement fees.
V. A licensed business entity may apply for and receive a permit from any municipality within the state.
VI. All business entities shall provide proof of good standing with the secretary of state and proof of liability insurance prior to issuance and renewal of a business entity license.
Source. 2008, 170:2. 2013, 275:8, eff. July 1, 2013. 2019, 253:2, 3, eff. Sept. 17, 2019. 2022, 314:25, eff. July 1, 2022.
Section 153:30
153:30 Repealed by 2023, 79:303, II, eff. Sept. 1, 2023. –
Section 153:31
153:31 Emergencies. –
The commissioner of the department of safety is authorized, at his or her discretion, to waive the requirements of this subdivision for the purpose of restoring service during an emergency, as declared by the commissioner.
Source. 2006, 206:3. 2013, 275:8, eff. July 1, 2013.
Section 153:32
153:32 Repealed by 2023, 79:303, III, eff. Sept. 1, 2023. –
Section 153:33
153:33 Repealed by 2023, 79:303, IV, eff. Sept. 1, 2023. –
Section 153:34
153:34 Inspectors. –
I. The office of professional licensure and certification with the approval of the board and the executive director of the office of professional licensure and certification shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with practices consistent with the public safety and welfare. Any person so employed shall be under the administration and supervisory direction of the office of professional licensure and certification.
II. An inspector appointed under this subdivision shall have the authority to enter any premises in which a fuel gas fitter or plumber subject to regulation is performing, or has completed, work regulated under this subdivision for the purpose of making such inspection as is necessary to carry out his or her duties under this subdivision. If consent for such inspection is denied or not reasonably obtainable, the executive director of the office of professional licensure and certification, or his or her designee, may obtain an administrative inspection warrant under RSA 595-B.
III. An inspector appointed under this subdivision may order the removal or correction of any violation of this subdivision.
IV. Whenever an inspector orders the removal or correction of a violation under paragraph III, he or she shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all the work in violation be corrected prior to continuance. The local building authority shall approve the continuation of work upon being satisfied that violations have been corrected and shall notify the inspector of such approval.
Source. 2006, 206:3. 2013, 275:8, eff. July 1, 2013. 2022, 314:28, eff. July 1, 2022.
Section 153:35
153:35 Local Enforcement. –
The rules adopted by the mechanical licensing board pursuant to RSA 153:28, may be enforced by the building inspection department or by any officer designated by the administrative authority of the city or town.
Source. 2006, 206:3. 2013, 275:8, eff. July 1, 2013.
Section 153:36
153:36 Exceptions. –
I. The license requirements of this subdivision shall not apply to anyone who performs fuel gas fitting within an existing single family, stand alone structure owned and occupied by the person who performs the fuel gas fitting work, and such structure is used as the individual's primary residence. Notwithstanding any provision to the contrary, any person who is exempt under this paragraph shall perform fuel gas fitting work in accordance with applicable technical standards, and comply with any applicable code, application, and inspection requirements that may apply to the fuel gas fitting work performed.
II. The license requirements of this subdivision shall not apply to persons performing tasks covered by federal and state regulation of public utilities pursuant to 49 C.F.R. part 192 and rules of the New Hampshire public utilities commission for gas service.
III. The license requirements of this subdivision shall not apply to any plumbing or fuel gas fitting installations in residential buildings performed by students enrolled in a high school vocational plumbing or fuel gas fitting program approved by the department of education or an approved postsecondary vocational plumbing or fuel gas fitting program, provided such work is performed under the supervision of either a person holding a valid license for the trade that he or she is supervising or by a licensed plumber or fuel gas fitter who is a supervisor of students in cooperative education placements from such programs; and in those cases where the installation is in a new building being constructed as a part of the vocational program, that the installation will be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the mechanical licensing board. Any person nominated by the board shall hold a master plumber's, fuel gas installation technician, fuel gas service technician, or piping installer license issued by the board.
IV. The license requirements of this subdivision shall not apply to employees of public drinking water systems and public water system operators certified by the department of environmental services for drinking water treatment plants and distribution systems, when performing plumbing tasks within their certifications, as defined in RSA 485:11 and RSA 332-E:3. This exception is specifically limited to the testing, maintenance, repair or replacement, and installation of the water meter, meter horn, and backflow prevention devices directly adjacent to and required as part of the protection of the drinking water distribution system.
V. The license requirements of this subdivision shall not apply to any welder who shall hold a current and valid certification for welding as authorized by the American Society of Mechanical Engineers (ASME), who is supervised by a licensed fuel gas fitter or master plumber, for the sole purpose of joining pipe and pipe fittings, through the appropriate certified welding processes, to piping systems, under the direct supervision of the licensed fuel gas fitter or master plumber.
VI. The license requirements of this subdivision shall not apply to any member of the New Hampshire National Guard while in a unit training assembly status and enrolled in a plumbing program as part of their military training. Such training shall only be provided under the supervision of an instructor who holds a current plumber's license under this subdivision.
VII. The plumbing license requirements of this subdivision shall not apply to any person or business entity that performs plumbing in connection with the installation of any heating, cooling, air conditioning or domestic water heating systems, whether solar, oil, gas, or electric, or the installation and servicing of water treatment systems or swimming pools. Any person or business entity that is exempt under this paragraph shall perform plumbing in accordance with applicable technical standards, and comply with any code, application, and inspection requirements that apply to the plumbing performed.
VIII. The license requirements of this subdivision shall not apply to the following persons while performing plumbing work under the circumstances specifically described but shall apply to fuel gas fitting in the same circumstances unless otherwise exempted under this subdivision; provided, however, that plumbing installed or maintained by such persons under such circumstances shall conform to the state plumbing code:
(a) To regular employees of public utilities, as defined in RSA 362:2, when performing plumbing tasks within their training, experience, and, if applicable, certification.
(b) To a person, firm, corporation, or limited liability company who regularly employs a person whose duties include the incidental repair, installation, and maintenance of plumbing on the property of that person, firm, corporation, or limited liability company, when such employee is actually so engaged.
(c) To a property owner or the property owner's agent who installs, repairs, or replaces plumbing in the property owner's own single-family detached or townhouse residence, including new construction, or any property owner or property owner's agent who makes minor installations, repairs, or replacements to the owner's property.
IX. Any person licensed under RSA 319-C may perform work governed by their license on a gas appliance, including the operation of the appliance service gas shut off valve.
Source. 2006, 206:3. 2010, 140:10. 2013, 275:8, eff. July 1, 2013. 2014, 106:1, 2, eff. June 11, 2014. 2019, 253:4, eff. Sept. 17, 2019.
Section 153:37
153:37 Repealed by 2023, 79:303, V, eff. Sept. 1, 2023. –
Section 153:38
153:38 Repealed by 2023, 79:303, VI, eff. Sept. 1, 2023. –