DEPARTMENT OF SAFETY
Commissioner's Office
CHAPTER
Saf-C 100 ORGANIZATIONAL RULES
PART
Saf-C 101 DEFINITIONS
Saf-C 101.01 "Commissioner" means the
commissioner of the
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
Saf-C 101.02 "Department" means the
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
PART
Saf-C 102 ORGANIZATION
Saf-C 102.01 Statutory Reference. The
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
Saf-C 102.02 Commissioner of Safety. The commissioner of safety is the chief
executive officer of the department, which consists of:
(a)
The following divisions:
(1) The
division of motor vehicles;
(2) The
division of state police;
(3) The
division of safety services;
(4) The
division of fire standards and training;
(5) The
division of administration;
(6) The
division of fire safety;
(7) The division
of emergency medical services; and
(8) The
division of information technology.
(b) The following
bureaus:
(1) Bureau of hearings; and
(2)
Bureau of common carriers.
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97; amd by #7429,
eff 1-24-01; amd by #7651, eff 2-20-02
Saf-C 102.03 Directors of Divisions. A director is responsible to the commissioner
for the management of each division.
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
Saf-C 102.04 Appointing Authority.
(a)
The director of each division is the appointing authority for his/her
division and shall require approval of the commissioner for:
(1)
Appointments;
(2)
Promotions;
(3)
Demotions; and
(4) Disciplinary
action.
(b)
The commissioner, or the assistant commissioner with the commissioner's
approval, shall be the appointing authority for all administration and support
sections of the department.
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
Saf-C 102.05 Budget and Legislation. The commissioner shall exercise final
approval over all budget and legislative submissions on behalf of the
department.
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES 6-1-97; ss by #6486, eff 4-16-97
Saf-C 102.06 Adoption of Rules. The commissioner shall adopt such rules as
are needed and authorized by statute. Such rules shall be adopted in accordance
with the provisions of the Administrative Procedure Act, RSA 541-A, where
applicable.
Source. #6486,
eff 4-16-97
Saf-C 102.061 Technical Advice Memorandum. The commissioner shall exercise final
approval over all technical advice memoranda issued to any department division
or bureau. For the purposes of this rule
“technical advice memorandum” means a directive intended to implement laws,
rules, and policies as specified by RSA 541-A:16, II(a).
Source. #6715,
INTERIM, eff 4-1-98, EXPIRED: 7-30-98
New. #6835, eff 8-26-98
Saf-C 102.07 Assistant Commissioner. The assistant commissioner shall have such
powers and duties as are authorized under RSA 21-P:5 and such other duties as
may be assigned by the commissioner, including but not limited to:
(a)
Executive direction of all divisions of the department in the absence of
the commissioner;
(b)
Authority to control expenditures of all divisions including the
division of state police, for budget control;
(c)
Authority and power to direct and supervise the operation and
administration of any division of the department, except the division of state
police;
(d)
Liaison between the commissioner and the directors of the various
divisions;
(e)
Pre-screening of all federal grant requests by all divisions and units;
(f)
Department liaison with the state legislature;
(g)
Coordination of administrative rulemaking;
(h)
Liaison with employee bargaining agents and the office of the state
negotiator for collective bargaining matters; and
(i)
Responsibility for the operations of the bureau of hearings and the
division of fire safety.
Source. #6486,
eff 4-16-97
Saf-C 102.08 Division of Motor Vehicles.
(a)
As provided in RSA 21-P:8, the division of motor vehicles is under the
management of the director of motor vehicles, subject to the authority of the
commissioner.
(b)
The director of motor vehicles is assisted by an assistant to the
director, a classified employee as provided in RSA 21-P:9, who shall supervise and
direct such operating units as the director shall assign to him/her, and
perform such other duties as the director assigns, including the performance of
such duties which the director may designate in the absence of the director.
(c)
The division of motor vehicles is organized into bureaus as follows:
(1) A
registration bureau, supervised by the supervisor of registration;
(2) A
driver licensing bureau, supervised by a supervisor of driver licensing;
(3) A
financial responsibility administration bureau, supervised by a financial
responsibility administrator as provided in RSA 21-P:9;
(4) A
bureau of certificate of title and anti-theft, supervised by a supervisor of
title and anti-theft;
(5) A dealer
bureau supervised by the supervisor of the dealer program;
(6) A
driver and traffic safety education bureau, supervised by a supervisor of
driver and traffic safety education; and
(7) A
pupil transportation bureau supervised by the supervisor of pupil
transportation.
(d)
The dealer bureau is organized into the following sections:
(1) A
dealer section; and
(2) An
inspection station section.
(e)
The division of motor vehicles is responsible for administering the
motorcycle rider training program, pursuant to RSA 263:34-b. The motorcycle
rider training program is supervised by the program administrator.
(f)
The new motor vehicle arbitration board is administratively attached to the
department of safety, pursuant to RSA 357-D:5, II. A program paralegal, under
the supervision of the director of motor vehicles, shall be the liaison between
the board and the department. The program paralegal assists the board in
carrying out their duties.
(g)
The director of state police provides the director of motor vehicles
with assistance and cooperation in investigating provisions of the motor
vehicle laws and rules as follows:
(1)
Inspection stations;
(2)
Dealers, as defined by RSA 259:18;
(3)
Utility dealers, as defined by RSA 259:121;
(4)
Motorcycle and moped dealers;
(5)
Revoked or suspended licenses and registrations; and
(6)
Eligibility for license reinstatement.
Source. #6486,
eff 4-16-97
Saf-C 102.09 Division
of State Police.
(a) As provided in
RSA 21-P:7, the division of state police is under the management of the
director of state police, subject to the authority of the commissioner. The
director holds the rank of colonel.
(b)
The director of state police is assisted by an executive officer.
(c)
The division of state police consists of 4 operating bureaus as follows:
(1)
Communications/administration bureau;
(2)
Traffic bureau;
(3)
Detective bureau; and
(4) Highway
enforcement.
(d)
Each bureau is headed by a commanding officer, answerable to the
director.
(e)
The division of state police shall be broken down into sub-units
according to such policies and operating procedures as shall be adopted by the
commissioner.
Source. #6486,
eff 4-16-97
Saf-C 102.10 Division of Safety Services.
(a)
As provided in RSA 21-P:10, the division of safety services is under the
management of the director of safety services, subject to the authority of the
commissioner.
(b)
The division of safety services is organized according to the following
operating sub-units:
(1) A
marine patrol bureau, headed by a supervisor of navigation; and
(2) A
tramway and amusement ride safety bureau, headed by the chief of the tramway
and amusement ride safety bureau.
(c)
The division of safety services shall be responsible for:
(1) The
enforcement of watercraft safety;
(2) The education
regarding watercraft safety; and
(3)
Conducting public hearings for watercraft operation restrictions.
(d)
The chief of the tramway and amusement ride safety bureau, under the
direction of the director, shall:
(1)
Inspect the construction, operation and maintenance of passenger
tramways as provided in RSA 225-A:10;
(2)
Assist the tramway safety board with their duties including the
inspection of all necessary maintenance of passenger tramways as provided in
RSA 225-A:8 and RSA 225-A:10, and consistent with RSA 21-P; and
(3)
Inspect the assembly, operation and maintenance of carnival and
amusement rides as provided in RSA 321-A.
Source. #6486,
eff 4-16-97
Saf-C 102.11 Division of Fire Safety.
(a)
As provided in RSA 21-P:12, the division of fire safety is under the
management of the director of fire safety, subject to the authority of the
commissioner. The director shall be known as the state fire marshal.
(b)
The state fire marshal shall be responsible for:
(1) The
enforcement of all applicable laws; and
(2)
Ensuring the following functions are performed by the appropriate
personnel in the fire marshal's office:
a.
Approve or disapprove, and grant exemptions from fire safety rules adopted
by any state agency to the extent authorized by RSA 153:4-a, I;
b.
Certify private firefighting units under RSA 153:4-a, I;
c. Assist
counties, cities, towns, village districts and precincts in supervising and
enforcing local laws relative to:
1. The
prevention of fires;
2. The
storage, sale and use of combustibles;
3. The
installation and maintenance of fire alarm and fire extinguishing equipment;
4. The
construction, maintenance and regulation of fire escapes;
5. The
means and adequacy of exits from places of assembly;
6. The
investigation of the cause of fires; and
7. The
storage and handling of flammable liquids and gases;
d.
Coordinate the activities of the state fire marshal's office with those
of other state and local agencies and officials responsible for developing or
enforcing fire safety regulations pursuant to RSA 153:4-a, II;
e. Assist
and counsel officials responsible for the enforcement of fire safety regulations
and assist them in the organization and efficient operation of fire departments
pursuant to RSA 153:4-a, II;
f.
Coordinate state services during an accident involving the transportation
of hazardous material when requested by the fire officer in charge or if in the
best interest of public safety under RSA 153:4-a, III;
g. Grant
exemptions and variances to state fire code rules s/he shall deem necessary for
the protection from fire and fire hazards for people in the state and for the
general welfare of property and people within the state;
h.
Approve or disapprove all plans for construction or revision of all
state buildings and properties as to compliance with fire safety measures under
RSA 153:8-a, I(a);
i.
Enforce and grant exemptions to the life safety code, NFPA 101 as
authorized by RSA 153:4-a, RSA 153:5 and RSA 153:8-a I(c);
j.
Enforce the provisions of RSA 153:10-a relative to automatic fire
warning devices;
k.
Investigate fires of suspicious origin seeking to arrest and prosecute
those responsible under RSA 153:11;
l. Notify
insurance companies believed to have an interest in fire loss property, as an
insurer pursuant to RSA 153:13-a, III;
m. Upon
complaint or when deemed necessary, inspect all buildings or premises and order
the correction of fire hazardous conditions pursuant to RSA 153:14, II;
n. With
the approval of the commissioner, control the sale of dangerously flammable
fabrics pursuant to RSA 153:14-a;
o.
Approve or disapprove plastic containers as specified in NFPA 30
designed for storage of flammable liquids offered for sale in this state under
RSA 153:16-a;
p.
Investigate complaints alleging that local ordinances relating to fire
safety measures are not being fully complied with and enforce such ordinances
where such complaints are substantiated pursuant to RSA 153:17;
q.
Whenever s/he deems it advisable, investigate any fire by which property
is endangered, damaged or destroyed and conduct hearings pursuant to Saf-C 200
into the causes, circumstances and origin thereof pursuant to RSA 153:18;
r. At the
request of any fire chief, enter and inspect any building or premises to the
extent permitted by RSA 153:21, for the purpose of determining the existence of
any violations of RSA 153, rules adopted by the commissioner, or local law or
ordinances relating to fire protection;
s. Keep
and maintain a record of all fires occurring in the state and of all facts concerning
those fires to the extent required under RSA 153:22;
t. Upon
request, give assistance in coordinating the service of fire departments giving
mutual aid in the extinguishment of fires pursuant to RSA 154:30;
u. If
petitioned, call the first organizational meeting of a newly forming mutual aid
system under RSA 154:30-a and RSA 154:30-b;
v. Render
advice, recommendations and assistance to any district fire mutual aid system
pursuant to RSA 154:30-c, III;
w.
Provide for periodic safety inspections of all occupied public buildings
owned by the state pursuant to RSA 155-A:4;
x.
Inspect all
y.
Establish a program to promote fire safety education and reduce fire
loss by encouraging fire-safe practices throughout the state, pursuant to RSA
153:10-c;
z.
Regulate liquid propane gas pipeline safety, except propane gas
pipelines regulated by the public utilities commission; and
aa.
Perform such other functions as are necessary to comply with RSA 153 or
any other statutes.
(c)
Deputy fire marshals, under the direction of the state fire marshal,
shall supervise:
(1) The
inspection of buildings;
(2)
Investigation of fires and enforcement of state statutes, local
ordinances and administrative rules dealing with fire prevention, pursuant to
RSA 153:17; and
(3) In
the absence of the state fire marshal, shall assume responsibility for all
activities of the state fire marshal's office and all duties assigned to the
state fire marshal's office by statute.
(d)
Fire investigators and fire inspectors under the direction of the state
fire marshal and under the supervision of the deputy fire marshals, shall:
(1) Investigate
fires in accordance with procedures established by the state fire marshal;
(2)
Inspect state owned and other buildings in accordance with procedures
established by the state fire marshal;
(3)
Assist local fire officials in promulgation and enforcement of local
fire codes, pursuant to RSA 153:17;
(4)
Review architectural and engineering plans and specifications for
compliance with the state fire code; and
(5)
Perform such other duties as directed by the state fire marshal or
his/her deputies.
(e)
The electricians' board is administratively attached to the department
of safety, pursuant to RSA 319-C:4, IV.
The state fire marshal supervises the inspectors in carrying out their
duties.
Source. #6486,
eff 4-16-97
Saf-C 102.12 Division of Fire Standards and Training.
(a)
As provided in RSA 21-P:12-a, the division of fire standards and
training is under the management of the director of fire standards and
training, subject to the authority of the commissioner.
(b)
Pursuant to 1989, 388:2, I, the New Hampshire fire standards and
training commission is administratively attached to the department, with
rulemaking authority under RSA 21-P:27. The director shall provide the commission
with assistance in carrying out their duties.
(c)
Pursuant to RSA 21-P:12-a, the division of fire standards and training
shall be responsible for the following:
(1)
Administering and supervising a fire service training and research
program throughout the state; and
(2)
Establish training standards and offer instruction in methods of:
a.
Determining and dealing with the causes of fire and the prevention of
fire;
b.
Techniques in firefighting and rescue;
c. Research
in techniques in firefighting and protection; and
d. The
administration and management of fire departments.
Source. #6486,
eff 4-16-97
Saf-C 102.13 Division of Administration.
(a)
As provided in RSA 21-P:6, the division of administration is under the
management of the director of administration, subject to the authority of the
commissioner.
(b)
The division of administration includes the following operating sections
and units:
(1) An
internal audit bureau;
(2) A
business bureau which shall have the following responsibilities:
a. All
bookkeeping and accounting functions;
b.
Financial management; and
c.
Mailroom and equipment control service.
(3) An agency
personnel officer, who shall be responsible for the personnel files and serve
as a liaison with the state division of personnel;
(4) A
liaison with the comptroller and legislative budget assistant; and
(5) A
road toll bureau, supervised by a road toll administrator as provided by RSA
21-P:9.
Source. #6486,
eff 4-16-97; amd by #7651, eff 2-20-02
Saf-C 102.14 Division
of Emergency Medical Services.
(a)
Pursuant to RSA 21-P:12-b, there is a division of emergency medical
services within the department under the supervision of the unclassified
director of emergency medical services.
(b)
The director duties shall be as specified in RSA 21-P:12-b, II, including
the following:
(1)
Day-to-day operation of the division of emergency medical services;
(2)
Coordination of emergency medical services throughout the state;
(3)
Providing public information and education regarding the availability
and use of the emergency medical and trauma services systems;
(4)
Providing training and written and practical testing of emergency
medical care providers;
(5)
Licensing emergency medical care providers, emergency medical service units,
emergency medical service instructors and coordinators, emergency medical
service training agencies, emergency medical services dispatchers, and
emergency medical service vehicles, including wheelchair vans for hire;
(6)
Establishing and maintaining a data collection and analysis capability
to evaluate emergency medical and trauma service systems for the evaluation of
such services;
(7)
Carrying out investigations as specified in RSA 153-A:14;
(8)
Providing administrative support, within the limits of available
funding, to the coordinating board, medical control board, trauma medical
review committee, and the regional councils;
(9)
Facilitating the establishment and maintenance of a communications
network that addresses citizen access to the emergency medical and trauma
services system and communications among emergency medical service units,
health care facilities, and other local, county, and state agencies involved in
the care or transportation of persons in need of appropriate medical attention;
(10) With
the approval of the commissioner, authorizing the employment of part-time
instructors, evaluators, and practical skill examination aids for the purpose
of delivering training and written and practical examinations;
(11)
Preparing budgets and grant requests, and planning initiatives related
to improve the general health of the public; and
(12) With
the approval of the commissioner, accepting in the name of the state any and
all donations and grants, and receiving, utilizing, expending and disposing of
such funds subject to budgetary provisions, consistent with the rules of the
department and the purposes or conditions of the donation or grant.
(c)
The division shall be organized as follows:
(1) There
shall be no less than 3 regional offices, each staffed by a training
coordinator, as follows:
a.
Southern NH region,
b.
Seacoast region, Epping office;
c.
Northern NH region,
(2) The
division's office in
(3) The
division shall provide administrative support as specified in RSA 21-P:12-b,
II(j), to the following:
a. The
emergency medical and trauma services coordinating board, as established by RSA
153-A:3;
b. The
emergency medical services medical control board, as established by RSA
153-A:5;
c. The
councils described in RSA 153-A:6; and
d. The
trauma medical review committee, as established by RSA 153-A:8.
Source. #7429,
eff 1-24-01
Saf-C 102.15 Division of Information Technology.
(a)
Pursuant to RSA 21-P:12-f, there is a division of information technology
within the department under the supervision of the unclassified director of
information technology.
(b)
The director’s duties are as specified in RSA 21-P:12-f, II, including
the following:
(1)
Day-to-day operations of the division of information technology;
(2) Administering
all aspects of information technology for the department;
(3)
Performing short-term and long-range planning for all aspects of
information technology for the department;
(4)
Evaluating information technology trends in hardware, software, and
communications to be utilized in meeting the information technology needs of
the department; and
(5)
Directing managers of software development, technical support, and data
center operations to ensure the quality of service and the effective use of
information technology.
(c)
The division of information technology includes the following operating
sections:
(1)
Systems development section responsible for performing computer
programming, testing and implementation services;
(2)
Network services section responsible for performing local area and wide
area network design, ordering, installation, maintenance and monitoring of
hardware and software; and
(3)
Mainframe operations section responsible for performing mainframe
technical support, including systems programming, and preventative maintenance
and intervention jobs for disaster recovery purposes.
Source. #7651,
eff 2-20-02
PART
Saf-C 103 PHOTOCOPY FEES
Saf-C 103.01 Fees.
Unless otherwise prescribed, copies of administrative rules maintained
by the department shall be provided, pursuant to RSA 91-A:4, IV, for any person
so requesting.
Source. #2286,
eff 1-19-83; ss by #2789, eff 8-2-84; ss by #5062, eff 2-1-91; ss by #6442,
INTERIM, eff 2-1-97, EXPIRES: 6-1-97; ss by #6486, eff 4-16-97
Appendix
|
Provision of the Proposed Rule |
Specific State Statute which the Rule
is Intended to Implement |
|
|
|
|
Saf-C 102.02(a)(8) |
RSA 21-P:12-d |
|
Saf-C 102.02 |
RSA 21-P:12-b, I |
|
Saf-C 102.13 |
RSA 21-P:6 and RSA 21-P:12-b, II |
|
Saf-C 102.15 |
RSA 21-P:12-d |