CHAPTER Bfc 200 PRACTICE AND PROCEDURE

PART Bfc 201 PURPOSE

Bfc 201.01 Purpose and Intent. The purpose of these rules is to specify the process used by the board for acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction. The intent of the board is to establish a uniform procedure, through RSA 541-A, to acquire the information that the board will consider in deciding, in conjunction with the state fire marshal, whether the state fire code described in RSA 153:1, VI-a will be amended by the adoption of a rule that is exempt from RSA 541-A as described in RSA 153:5, I. These rules shall be construed to secure the just, efficient and accurate resolution of all board proceedings.

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PART Bfc 202 DEFINITIONS

Bfc 202.01 "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs or computer printouts.

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Bfc 202.02 "File" means to place a document in the actual possession of the board.

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Bfc 202.03 “Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over a proceeding.

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Bfc 202.04 “State fire marshal” means the state fire marshal of the State of New Hampshire, or his/her designee.

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PART Bfc 203 PROCEDURE TO AMEND THE STATE FIRE CODE

Bfc 203.01 How Adopted. Rules that amend the state fire code described in RSA 153:1, VI-a shall be adopted pursuant to RSA 153:5, I, according to the procedure provided in these rules. Rules shall be proposed by petition or on the board's own initiative. The state fire marshal shall have coextensive authority with the board and shall participate equally in the procedure provided in this part.

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Bfc 203.02 Petition for Adopting Amendments to the State Fire Code.

(a) Any person may request the board and the state fire marshal to commence a proceeding for the purposes of amending the state fire code described in RSA 153:1, VI-a by completing and filing a petition on Form DSFM 140 (rev. 8/13).

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Bfc 203.03 Deficiencies in Petitions.

(a) If the board and the state fire marshal determine that any petition does not provide all of the information required by Form DSFM 140, they shall immediately notify the petitioner in writing of the specific deficiencies.

(b) Upon receipt of a complete petition, the board and the state fire marshal shall take action as outlined in Bfc 203.04.

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Bfc 203.04 Disposition of Petition.

(a) Upon receipt of a complete petition, the board and the state fire marshal shall take public comment at the board’s next regularly scheduled meeting.

(b) If a petition is sent to the next scheduled meeting, the board and the state fire marshal shall grant the petition, after receiving any public comment, if the board deems the proposed amendments necessary 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.

(c) Upon the granting of a petition, and with the approval of the commissioner, the state fire code shall be amended by the board and the state fire marshal in accordance with RSA 153:5, I.

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PART Bfc 204 TIME PERIOD

Bfc 204.01 Computation of Time.

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or state legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or state legal holiday.

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PART Bfc 205 PETITIONS TO AMEND ORGANIZATIONAL OR PRACTICE AND PROCEDURE RULES UNDER RSA 541-A

Bfc 205.01 Rulemaking Petition.

(a) Petitions for rulemaking shall be in writing.

(b) The petitioner shall state the reason(s) for the proposed rule.

(d) Petitions shall be sent to the board at:

Board of Fire Control

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH 03305.

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Bfc 205.02 Disposition of Petitions for Rulemaking.

(a) The board shall request additional information from the petitioner if such additional information is required to reach a decision.

(b) The board shall deny the petition for rulemaking when the adoption, amendment or repeal of such rule results in:

(1) A rule which is not within the rulemaking authority of the board;

(2) Duplication of a rule or a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the board;

(4) Inconsistency of administrative rules one with another; or

(5) A rule that is contrary to public safety or public interest.

(c) Within 30 days of receipt of a sufficient petition, the board shall dispose of it by notifying the petitioner in writing:

(1) That the petition is denied and the reason(s) for its denial pursuant to 205.02(b); or

(2) Otherwise, that the petition is granted, and the board is beginning rulemaking proceedings as required by RSA 541-A:4.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

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PART Bfc 206 HEARINGS ON AMENDING ORGANIZATIONAL OR PRACTICE AND PROCEDURE RULES UNDER RSA 541-A

Bfc 206.01 Scope. This part shall apply to rulemaking hearings required pursuant to RSA 541-A:11.

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Bfc 206.02 Notice. The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6.

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Bfc 206.03 Presiding Officer.

(a) The hearing shall be presided over by the chairperson of the board or his or her designee.

(b) The chairperson or designee shall:

(1) Determine whether a quorum of the board is present for the hearing;

(2) Call the hearing to order;

(3) Cause a recording of the hearing to be made;

(4) Recognize those who wish to be heard;

(5) Maintain order during the hearing; and

(6) Adjourn the hearing.

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Bfc 206.04 Order of the Hearing.

(a) Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board.

(b) Individuals shall be called to testify in the order in which they signed up.

(c) Before adjourning the public hearing and after all individuals who signed up have been heard, the chairperson or designee shall call for any new testimony from any new speaker.

(d) When the chairperson or designee has determined that no other individual wishes to testify, he or she shall close the public hearing.

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Bfc 206.05 Postponement and Continuations.

(a) The chairperson or designee shall postpone a hearing to a later date, time or place in the event of:

(1) Inclement weather;

(2) A lack of a quorum; or

(3) Determination by the board that postponement of the hearing shall facilitate greater participation by the public.

(b) The chairperson or designee shall continue a hearing to a later date, time or place in the event that:

(1) The time allotted is not sufficient to give each individual who wishes to testify an opportunity to do so; or

(2) A lack of a quorum due to unavoidable absence.

(c) Notice of a postponement or continuation of a public hearing or written comment period shall be provided pursuant to RSA 541-A:11, III.

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Bfc 206.06 Written or Electronic Comments. Individuals may submit written or electronic comments to the board on proposed rulemaking actions any time from the time notice has been published until the end of the written comment period as set forth in the notice of rulemaking.

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Bfc 206.07 Transcripts or Copies of Tapes.

(a) All hearings shall be recorded.

(b) A written request for a copy of the recording may be sent to:

Board of Fire Control

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH 03305.

(d) Recordings of proceedings shall be preserved for no less than 75 days from the conclusion of the hearing date.

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PART Bfc 207 DECLARATORY RULING

Bfc 207.01 Submitting Request for Declaratory Ruling.

(a) Individuals petitioning for a declaratory ruling, as defined by RSA 541-A:1, V, shall submit the following information to the board in writing:

(1) The specific statute, rule, or order whose applicability is being questioned;

(2) The interest of the petitioner;

(3) The activity in question; and

(4) The name, address and phone number of the petitioner.

(b) Any petition which does not contain the information in (a) above shall be inadequate.

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Bfc 207.02 Time for Consideration. The board shall review the declaratory ruling petition at the meeting following receipt of the petition, unless the petition is received less than one week before the next scheduled meeting, in which case the board shall consider the petition at its next meeting.

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Bfc 207.03 Disposition of Petition.

(a) The board shall act on the petition as follows:

(1) Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered;

(2) Reject the declaratory ruling petition if it is inadequate or beyond the scope of the board's authority as specified in RSA 153; or

(3) Refer the petition to the department of justice when the board requires legal guidance. In such cases the board shall render a decision to the petition within 120 days of receiving the petition.

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PART Bfc 208 RETENTION OF RECORDS

Bfc 208.01 Recordkeeping.

(a) Unless otherwise specifically stated elsewhere in the law or rules, all records and documents received by the board shall be retained for a minimum of 5 years.

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PART Bfc 209 REQUEST FOR STATEMENT EXPLAINING RULE

Bfc 209.01 Request for Rule Explanation.

(a) Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following:

(1) The principle reason(s) for and against the adoption of a rule in its final form; or

(2) Reasons why the board overruled arguments and considerations relative to the rule.

(b) Requests shall be sent to the board at:

Board of Fire Control

c/o Department of Safety

Commissioner’s Office

33 Hazen Drive

Concord, NH 03305

(c) Upon receipt of a request for rule explanation, the board shall issue a statement that provides the information set forth in (a) above.

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PART Bfc 210 ADJUDICATIVE PROCEEDINGS

Bfc 210.01 Adjudicative Proceedings.

(a) Any adjudicative proceedings brought before the board for resolution shall be conducted as required by law, in accordance with the Jus 800 rules.

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APPENDIX

Rule	State Statute Which the Rule Implements

Bfc 201.01	RSA 153:5, II
Bfc 202.01-202.04	RSA 541-A:7
Bfc 203.01-203.04	RSA 153:5, II
Bfc 204.01	RSA 541-A:16, I(b); RSA 541-A:16, I(c); RSA 541-A:16, I(d); RSA 153:5, II
Bfc 205.01-205.02	RSA 541-A:16, I(c)
Bfc 206.01-206.07	RSA 541-A:16, I(b)(3)
Bfc 207.01-207.03	RSA 541-A:16, I(d)
Bfc 208.01	RSA 5:38
Bfc 209.01	RSA 541-A:11, VII
Bfc 210.01	RSA 541-A:16, I(b)(2); RSA 541-A:30-a, V