CHAPTER 282
HB 1486 – FINAL VERSION
11Mar2010… 0522h
05/12/10 1943s
05/12/10 2066s
02Jun2010… 2248cofc
2010 SESSION
03/09
HOUSE BILL 1486
AN ACT prohibiting the mandating of fire sprinkler systems in certain dwellings and establishing a committee to study municipal residential fire sprinkler requirements.
SPONSORS: Rep. Nord, Rock 1; Rep. Butler, Carr 1; Rep. McGuire, Merr 8; Rep. Hunt, Ches 7; Rep. Winters, Hills 17
COMMITTEE: Commerce and Consumer Affairs
This bill prohibits the mandating of fire sprinkler systems in certain dwellings and establishes a committee to study municipal residential fire sprinkler requirements.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2010… 0522h
05/12/10 1943s
05/12/10 2066s
02Jun2010… 2248cofc
10-2365
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT prohibiting the mandating of fire sprinkler systems in certain dwellings and establishing a committee to study municipal residential fire sprinkler requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
282:1 State Board of Fire Control; Rules; Sprinkler Systems. Amend RSA 153:5 to read as follows:
153:5 Rules. The state fire marshal shall adopt rules, with the approval of the commissioner of safety, to be known as the state fire code, pursuant to RSA 541-A, to further the purposes of this chapter and such applicable fire safety and building laws as 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. The rules may include, but not be limited to, the keeping, storage, use, manufacture, sale, handling, transportation, or disposal of highly flammable materials and rubbish, and of flammable fluids and compounds and flammable tablets and may include standards for the materials and construction of receptacles and buildings to be used for any of these purposes. The fire marshal may adopt the most recent edition of the provisions of the national fire protection association code or other recognized codes as rules, in whole or in part; however, such rules shall not require automatic suppressant or sprinkler systems in detached one- or 2-family dwelling units in a structure used only for residential purposes, in areas of buildings or additions[,] in which the discharge of water would be undesirable as determined by the state fire marshal, or in rooms or areas containing either generators, transformers, telecommunications equipment or facilities, or electronic data processing equipment, or in telecommunications or electric utility company equipment buildings or areas occupied exclusively for telecommunications equipment, electrical transformation and switching equipment, associated electrical distribution equipment, batteries, and standby engines or generators, provided that those spaces or areas are equipped throughout with an automatic fire detection system. The rules shall apply to the construction and remodeling of buildings and structures for the containment of flammable liquids and to the new installation and replacement of equipment used in connection with flammable liquids. The rules shall apply to existing buildings, structures, or equipment. The 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 fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than those adopted by the fire marshal.
282:2 Fire Protection and Warning Devices in Dwellings. Amend RSA 153:10-a, III to read as follows:
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 detached one- or 2-family dwelling unit in a structure used only for residential purposes 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.
282:3 New Paragraph; State Building Code Review Board; Fire Sprinkler Systems. Amend RSA 155-A:10 by inserting after paragraph VI the following new paragraph:
VII. The state building code review board shall not adopt or enforce any rule requiring the installation of fire sprinkler systems in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. This paragraph shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
282:4 Municipal Sprinkler Requirements.
I. No municipality or local land use board as defined in RSA 672 shall, prior to July 1, 2011, unless such adoption is earlier authorized by law, adopt or enforce any ordinance, regulation, code, or administrative practice requiring the installation of fire sprinkler systems in any new or existing detached one- or 2-family dwelling unit in a structure used only for residential purposes. This section shall not prohibit a duly adopted requirement mandating that fire sprinkler systems be offered to the owners of dwellings for a reasonable fee.
II. The prohibition against adoption and enforcement of municipal fire sprinkler requirements in paragraph I shall not apply to any municipal ordinance or regulation adopted prior to the effective date of this section. Such an ordinance or regulation may be amended to effect corrections consistent with the original scope and intent of the ordinance or regulation.
III. The prohibition against adoption and enforcement of municipal fire sprinkler requirements in paragraph I shall not prevent a planning board from finding that particular subdivision applications are scattered or premature, in accordance with RSA 674:36, II(a), for lack of adequate fire protection. In such cases, applicants may propose, and a planning board may accept, the installation of fire sprinkler systems as a means of addressing the planning board’s findings.
282:5 Committee to Study Municipal Residential Fire Sprinkler Requirements.
I. There is established a committee to study municipal residential fire sprinkler requirements.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, one of whom shall be a member of the commerce and consumer affairs committee, one of whom shall be a member of the executive departments and administration committee, and one of whom shall be a member of the municipal and county government committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study existing municipal residential fire sprinkler requirements and whether the interests of safety justify authorizing municipalities to adopt sprinkler requirements for residential structures in the future.
V. The members of the study 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. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.
282:6 Effective Date. This act shall take effect upon its passage.
Approved: July 8, 2010
Effective Date: July 8, 2010