TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 155
FACTORIES, TENEMENTS, SCHOOLHOUSES, AND PLACES OF PUBLIC ACCOMMODATION, RESORT OR ASSEMBLY

Bylaws and Inspection

Section 155:1

    155:1 Bylaws. – Town and village districts may make bylaws requiring factories, hotels, tenement houses, public buildings, schoolhouses, places of assembly as defined in RSA 155:17, I, and other buildings used as places of public resort in their towns, to be so erected as not to endanger the health and safety of persons who may occupy them; however, any bylaw relative to safety from fire in buildings and structures adopted by a town or village district of the state shall conform to the life safety code, which is in effect at the time the bylaw is adopted and as promulgated by the state fire marshal; such bylaw may provide for local inspections and enforcement and shall include assistance of the state fire marshal where required.

Source. 1883, 94:1. PS 116:1. 1925, 151:1. PL 147:1. RL 176:1. RSA 155:1. 1973, 107:1, eff. July 7, 1973.

Section 155:2

    155:2 Regulations. – In the absence of such bylaws the selectmen shall make regulations for the purposes named in the preceding section.

Source. 1883, 94:1. PS 116:2. PL 147:2. RL 176:2.

Section 155:2-a

    155:2-a Double Door Safety. – In addition to any bylaws or regulations adopted pursuant to this chapter, the town or village district or selectmen shall require that no double door in any building open to the public, where 2 doors are in one doorway, be locked, bolted or otherwise fastened so that both doors cannot be opened from the inside by the use of the ordinary door knob or by pressure on the door or on a panic release device.

Source. 1977, 159:1, eff. Aug. 6, 1977.

Section 155:3

    155:3 Inspection. – The firewards and engineers, if any, otherwise the selectmen of the town or the commissioners of the village district, as the case may be, shall constitute a board for the inspection of the buildings and halls mentioned in RSA 155:1, and shall inspect the same from time to time.

Source. 1883, 94:4. PS 116:3. PL 147:3. RL 176:3.

Requiring Alterations

Section 155:4

    155:4 Procedure; Orders. – They shall notify and hear all parties interested, and may thereupon direct such alterations as may be necessary in any building or hall in accordance with such bylaws or regulations, and may order such building or hall to be closed until the alterations are made. The proceedings of such hearing shall be recorded in the records of the town or district.

Source. 1883, 94:2. PS 116:4. PL 147:4. RL 176:4.

Section 155:5

    155:5 Appeal From Orders. – Every person aggrieved by any decision of such inspectors may appeal therefrom to the superior court. The court, upon reasonable notice, may inquire into the facts by a committee or otherwise and affirm or overrule the order appealed from, and may make such further orders as justice may require.

Source. 1883, 94:6. PS 116:5. PL 147:5. RL 176:5. RSA 155:5. 1967, 132:8, eff. July 18, 1967.

Section 155:6

    155:6 Penalty for Violation of Orders. – Every person who shall let or use any building for the purposes specified in this subdivision, after such building shall have been ordered to be closed or altered as provided in the preceding sections until the order has been complied with or reversed, shall be fined not more than $100, for the use of the town or district where the building is situated.

Source. 1883, 94:3. PS 116:6. PL 147:6. RL 176:6.

Hallways and Stairways

Section 155:7, 155:8

    155:7, 155:8 Repealed by 1973, 107:2, I, eff. July 7, 1973. –

Building Standards

Section 155:8-a, 155:8-b

    155:8-a, 155:8-b Repealed by 1977, 269:2, eff. Aug. 21, 1977. –

Fire Escapes; Exits

Section 155:9 to 155:16

    155:9 to 155:16 Repealed by 1973, 107:2, I, eff. July 7, 1973. –

Places of Assembly

Section 155:17

    155:17 Definitions. –
Terms used in this subdivision shall be construed as follows unless a different meaning is clearly apparent from the language or content:
I. "Places of assembly" shall mean a room or space in which provision is made for the congregation or assembly of 100 or more persons for religious, recreational, educational, political, social or amusement purposes or for the consumption of food or drink. For the purpose of this definition such room or space shall include any occupied connecting rooms, space or area on the same level or in the same story, or in a story or stories above or below, where entrance is common to the rooms, space or areas, and it shall mean a tent or area covered by canvas, in which provision is made for the congregation or assembly of 50 or more persons for religious, recreational, educational, political, social, or amusement purposes or for the consumption of food or drink. For the purpose of this definition of such tent and area covered by canvas it shall include connected tents, spaces or areas covered by canvas where entrance is common to the tents or canvas-covered areas.
II. "Licensing agency" shall mean the chief of the fire department, the firewards or engineers, if any, otherwise the selectmen of the town or the commissioners of village district as the case may be, or the state fire marshal, as he or she deems necessary, in consultation with the local licensing agency, if any.
III-VI. [Repealed.]
VII. "Approved" shall mean approved by the licensing agency.
VIII. "Fire resistive" or "flameproof" materials or construction shall mean materials or construction which will satisfactorily resist the efforts of severe fire.
IX-XII. [Repealed.]
XIII. "Placard indicating capacity" shall mean a sign of suitable size and form to indicate authorized capacity of each room in number of occupants other than employees.
XIV. "Enforcement agency" shall mean the normal law enforcing authorities of the state, county, city or town in which the place of assembly is located.
XV. [Repealed.]

Source. 1943, 153:1. 1953, 217:1. RSA 155:17. 1973, 107:2, II, eff. July 7, 1973. 2015, 39:1, eff. July 6, 2015. 2017, 156:117, eff. July 1, 2017. 2021, 205:2, Pt. 1, Sec. 1, eff. Oct. 9, 2021.

Section 155:18

    155:18 License Required. – No person shall own or operate a place of assembly within this state unless licensed so to do by the licensing agency of the state, city, town, or village district where said place of assembly is located, including assemblies occurring on state waters or ice formed on state waters, in accordance with the regulations herein promulgated. In the application of this act to existing places of assembly the licensing agency may modify such of its provisions as would require structural changes if in his or her opinion adequate safety may be obtained otherwise and provided that a permanent record is kept of such modifications and the reasons therefor.

Source. 1943, 153:2, eff. May 5, 1943. 2015, 39:2, eff. July 6, 2015. 2017, 156:118, eff. July 1, 2017. 2021, 205:2, Pt. I, Sec. 2, eff. Oct. 9, 2021.

Section 155:19

    155:19 Application; Issuance; Revocation. – A permit shall be obtained from the licensing agency by the owner or operator of any place of assembly. Such permit shall be issued without charge for one year from date of issue and shall be revocable for cause. Application for permit shall be made to the licensing agency who may require building plans, showing type of construction, exits, aisles and seating arrangements and details of decorations. No permit shall be issued by the licensing agency until the provisions of this chapter have been complied with.

Source. 1943, 153:3, eff. May 5, 1943.

Section 155:20

    155:20 Flame Resistant Canvas and Tents. –
I. Any tent or other place of assembly covered by canvas or other fabric, textile, or flame resistant material that is erected on public or private property shall comply with the applicable provisions of the state building code and state fire code.
II. No permit under RSA 155:19 shall be issued to an owner or operator of any circus, carnival or any other place of assembly covered by canvas, or any other fabric, textile, or flame resistant material, on public property, until such applicant shall furnish to the licensing agency a certificate of flame resistance of such tent, canvas, fabric, textile, or flame resistant material.
III. No permit shall be required under RSA 155:19 for a tent of any size erected as an accessory structure on property that is an owner-occupied, one or 2-family dwelling.

Source. 1953, 217:2, eff. June 10, 1953. 2018, 39:2, eff. Jan. 1, 2019.

Section 155:21 to 155:33

    155:21 to 155:33 Repealed by 1973, 107:2, III, eff. July 7, 1973. –

Section 155:34

    155:34 Inspection by Licensing Agency. – The licensing agency shall inspect, or cause to be inspected, each place of assembly. Such inspection shall be at least semi-annually and at such times, including time of occupancy and use, as to assure compliance with these regulations and such orders as may be issued in connection with the maintenance of aisle space, the prevention of overcrowding, the use of decorations, the maintenance of exits, collapse of revolving doors, and the maintenance of fire appliances. Where conditions are unsatisfactory, written orders for immediate correction shall be given.

Source. 1943, 153:17, eff. May 5, 1943.

Section 155:35, 155:36

    155:35, 155:36 Repealed by 1973, 107:2, III, eff. July 7, 1973. –

Section 155:37

    155:37 Enforcement. – The law enforcing authorities of the state, counties or any city or town, are authorized to prosecute any violations of this act.

Source. 1943, 153:20, eff. May 5, 1943.

Section 155:38

    155:38 Conflict. – When, in any specific case, different provisions of this chapter shall conflict with other state or municipal regulations, the most restrictive requirements shall govern.

Source. 1943, 153:21, eff. May 5, 1943.

Section 155:39

    155:39 Penalty. – Every person who shall let or use any building for the purposes specified in RSA 155 after required permit has been denied or rescinded, or any person violating any provisions of this chapter, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1943, 153:22. RSA 155:39. 1973, 528:73, eff. Oct. 31, 1973 at 11:59 p.m.

Places of Public Accommodation; Physically Disabled Persons

Section 155:39-a

    155:39-a Definition of Place of Public Accommodation. –
Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subdivision if its operations affect commerce:
I. Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than 5 rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence.
II. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment.
III. Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment.

Source. 1990, 170:1, eff. July 1, 1990.

Section 155:39-b

    155:39-b Public Accommodations Discrimination. – All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation. Nothing in this subdivision shall be construed to supersede or contradict the provisions of RSA 354-A:8, IV, relative to discriminatory practices in places of public accommodation.

Source. 1990, 170:1, eff. July 1, 1990.

Section 155:39-c

    155:39-c Existing Facilities; Public Accommodations. –
Nothing in RSA 155:39-b related to equal access to public accommodations or indirectly denying access to the physically disabled shall apply to existing structures, structures under construction or proposed construction submitted for bid before January 1, 1991. For any building or facility proposed to be constructed specifically as a place of public accommodation on or after January 1, 1991, but before January 1, 1992, the following standards of construction shall be met:
I. There shall be at least one public walk not less than 48 inches wide with a slope not greater than one foot rise in 12 feet leading directly to a primary entrance.
II. There shall be a door at such primary entrance with a clear opening of no less than 32 inches and operable by a single effort. If doors at a primary entrance are in a series, they shall have a space between them of not less than 84 inches measured from their closed positions, and each shall open in the same direction so that swings do not conflict.
III. Rest room facilities shall have at least one stall that is not less than 5 feet wide and 5 feet in depth with a 32-inch wide door that swings out or slides, handrails on each side mounted 30 inches from the floor, and a water closet with a seat 18 inches high.
IV. Doors that are not intended for normal use, and that are dangerous if a blind person were to enter or exit by them, shall be made identifiable to touch by knurling the handle or knob.
V. In any building designed and constructed specifically for public accommodations, the bathroom facilities and all accompanying fixtures shall be arranged to permit access and use by a person in a wheelchair in at least 5 percent of the living units, or at least one living unit, whichever is greater. Such units shall be constructed on ground level and shall comply with paragraph III of this section.

Source. 1990, 170:1, eff. July 1, 1990.

Section 155:39-d

    155:39-d Public Accommodations Constructed After January 1, 1992. – This section applies to any new building or facility proposed to be constructed specifically as a place of public accommodation on or after January 1, 1992. This section also applies to any single enlargement of an existing building or facility which enlargement is proposed to be constructed on or after January 1, 1992, if the cost of such enlargement exceeds 25 percent of the fair market value of the real estate and building or facility situated thereon but only to the portion thereof which is so enlarged. Facilities subject to this section shall meet the requirements of the New Hampshire code for barrier-free design established pursuant to RSA 275-C:14-17. This section shall also be enforced by the building inspector as provided in RSA 676:11-13.

Source. 1990, 170:1, eff. July 1, 1990.

Toilet Facilities Where Food is Served

Section 155:40

    155:40 Toilet Facilities to be Provided for Restaurants, Etc. –
I. All places where the business of serving food to the public is conducted shall be equipped with toilet and lavatory facilities convenient of access for the use of patrons. Separate toilet rooms for each sex shall be provided for patrons of any restaurant designed to seat 25 or more patrons at one time or for patrons of any food establishment where alcoholic beverages are served. The commissioner of the department of health and human services shall have the authority to waive the requirements of this section for such businesses having 5 or fewer seats, for good cause shown, provided the business is unable to comply with this section because it does not have toilet or lavatory facilities on the effective date of this section as amended, and can show that the requirements of this section would cause substantial hardship.
II. The provisions of this section shall not apply to mobile lunch carts or be construed to require roadside stands or so-called drive-ins, serving food to the public, to provide toilet facilities for patrons where seating facilities within the building are not available.

Source. 1935, 139:1. RL 162:9. RSA 155:40. 1963, 9:1. 1999, 85:1, eff. June 3, 1999.

Section 155:41

    155:41 Penalty for Failure to Provide. – Any person who violates any of the provisions of this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. From 10 days after the date of a conviction hereunder, each subsequent day of failure to comply shall constitute a separate and distinct offense.

Source. 1935, 139:2. RL 162:10. RSA 155:41. 1973, 530:13, eff. Oct. 31, 1973 at 11:59 p.m.

Smoking in Places of Public Assembly

Section 155:42

    155:42 Repealed by 1981, 464:3, eff. Aug. 23, 1981. –

Food-Choking Relief Display

Section 155:43

    155:43 Display Required. –
All commercial eating establishments or any place other than a private residence where food is served for consumption on the premises shall have posted in such premises in a conspicuous place a graphic display of the Heimlich maneuver or similar anti-choking maneuver. Such display shall not be less than 8 inches by 11 inches in size and shall contain at least the following:
I. A description in both words and pictures of what to look for to determine if a person is choking;
II. A description in both words and pictures of how to perform the Heimlich maneuver or similar anti-choking maneuver on a choking victim in order to expel the object from the victim's breathing passages; and
III. Any other information necessary to adequately instruct a rescuer in the proper procedure in aid of a choking victim.

Source. 1979, 115:1, eff. July 20, 1979.

Section 155:44

    155:44 Penalty. – Any person who violates the provisions of this subdivision shall be guilty of a violation.

Source. 1979, 115:1, eff. July 20, 1979.

Smoking in Enclosed Public Places

Section 155:45 to 155:49

    155:45 to 155:49 Repealed by 1990, 236:3, I, eff. Jan. 1, 1991. –

Smoking in the Workplace

Section 155:50 to 155:53

    155:50 to 155:53 Repealed by 1990, 236:4, I, eff. July 1, 1993. –

Smoking in Grocery Food Stores

Section 155:54 to 155:56

    155:54 to 155:56 Repealed by 1990, 236:3, II, eff. Jan. 1, 1991. –

Clean Indoor Air in Restaurants Act

Section 155:57 to 155:63

    155:57 to 155:63 Repealed by 1990, 236:4, II, eff. July 1, 1993. –

Indoor Smoking Act

Section 155:64

    155:64 Purpose. – The purpose of this subdivision is to protect the health of the public by regulating smoking in enclosed workplaces and enclosed places accessible to the public, regardless of whether publicly or privately owned, and in enclosed publicly owned buildings and offices. This subdivision also regulates smoking in public housing facilities, health care facilities, public primary and secondary educational facilities, and in public conveyances operating within the state. This subdivision shall not be construed as addressing airborne contaminants including toxic, chemical, or biological substances that may be present in indoor air other than tobacco smoke.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:65

    155:65 Definitions. –
In this subdivision:
I. "Cocktail lounge" means only that portion or specified area of a restaurant, hotel, motel, convention center or resort which is used primarily to serve liquor or other alcoholic beverages, irrespective of whether or not food is also served there.
II. [Omitted.]
III. "Commissioner" means the commissioner of the department of health and human services or designee.
IV. "Department" means the department of health and human services.
V. "Effectively segregated" means all the following conditions have been met:
(a) Procedures for accurately and fairly determining preference have been followed;
(b) The size and location of no-smoking and smoking-permitted areas are designed, designated, or juxtaposed so that smoke does not cause harm or unreasonably intrude into the area occupied by persons who are not smoking; and
(c) In buildings where existing ventilation systems are in place, areas designated as smoking areas are located, where reasonably possible, proximate to exhaust vents.
VI. "Enclosed place" means a structurally enclosed location, or portion of such location, enclosed by a floor, ceiling, and 3 or 4 solid walls, partitions, or windows, exclusive of doors or passageways.
VII. "Health care facility" means any enclosed place or portion of such place used for the purpose of providing medical or dental treatment, physical or mental health services, or any combination of such treatment or services. This definition shall include buildings or portions of buildings used exclusively for such purposes and buildings or portions of buildings leased, rented, or otherwise made available for such purposes.
VIII. "Law enforcement authority" means the state, county, city, or town police having authority over a given area in the state.
IX. "Person in charge" means:
(a) For enclosed places that are not publicly owned buildings or offices, the person who has responsibility for, directly or by appointment, policy making and overseeing adherence to laws, rules and regulations of an enclosed place of public access or a workplace. This definition shall not mean the owner of the property or place of public access or workplace unless he is routinely present and controls the day-to-day activities, or sets the policy, carried out within the enclosed place.
(b) For publicly owned buildings and offices, the person responsible for the operation of the building or office and the person responsible for the agency or organization occupying the building or office, or that person designated to act in the absence of the person in charge.
X. "Public access" means any enclosed place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which the general public has access or which the general public uses, including, but not limited to, buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, retail stores, grocery stores, libraries, theaters, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art galleries, sports and fitness facilities, planetariums, historical sites, and common areas of resorts, hotels and motels, including the lobbies, hallways, elevators, restaurants, restrooms and cafeterias.
XI. "Public educational facility" means any enclosed place or portion of such place, which is supported by public funds and which is used for the instruction of students enrolled in grades kindergarten through 12. This definition shall include areas within facilities supportive of instruction and subject to educational administration including, but not limited to, lounge areas, passageways, restrooms, laboratories, study areas, cafeterias, gymnasiums, libraries, maintenance rooms and storage areas.
XII. "Public conveyance" means any air, land, or water vehicle of public access, which has enclosed sections, used for the transportation of persons in the state of New Hampshire, whether or not for compensation, including, but not limited to, airplanes, trains, buses, boats, vans, or taxis. This definition shall not include privately owned vehicles when used for private purposes, but shall include all vehicles owned by the state and its political subdivisions.
XIII. "Publicly owned buildings and offices" means enclosed places or portions of such places owned, leased, or rented by state, county or municipal governments, or by agencies supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county or municipal taxes. This definition includes, but is not limited to, legislative offices, legislative meeting rooms and other areas used by legislative bodies; courtrooms, jury rooms, and other court facilities; recreation facilities; police stations; fire stations; county, city and town offices; penal and detention institutions; armories; military training facilities; public housing; subsidized housing; common waiting areas, lobbies or common-use rooms; field offices of any government unit; and postsecondary educational institutions receiving funds appropriated by the state legislature. This definition also includes enclosed places periodically used by state, county or municipal governments or their agencies, including, but not limited to, polling places and rooms in which a public meeting, hearing or other proceeding open to the public is in progress. This definition shall also include, in accordance with federal laws and regulations, enclosed places and offices owned, leased, or rented by the federal government or agencies of the federal government.
XIV. "Restaurant" means any room or enclosed place used and kept open on a regular basis and in a bona fide manner for the serving of meals to guests for compensation. "Restaurant" shall include any such room or place in resorts, hotels, and motels.
XV. "Smoking" means having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, including devices as defined in RSA 126-K:2, II-a.
XVI. "Smoking-permitted area" means an effectively segregated area which is posted with "Smoking Permitted" signs in a building, facility, room, or group of rooms or other enclosed indoor area and in which smoking is allowed, as designated by the person in charge of the facility in accordance with applicable rules adopted by the commissioner pursuant to RSA 155:71.
XVII. "Workplace" means an enclosed place at which 4 or more individuals perform any type of a service for consideration of payment under any type or term of employment relationship with, but not limited to, a sole proprietorship, corporation, partnership, company, individual, governing body, government agency, private voluntary agency, and any public nonprofit agency. This definition also includes any enclosed place where 4 or more individuals perform services in a volunteer capacity for which individuals are ordinarily paid.

Source. 1990, 236:2. 1995, 310:104, 183. 2000, 303:5. 2007, 203:1, 2, eff. Sept. 17, 2007. 2019, 259:8, eff. July 1, 2019.

Section 155:66

    155:66 Smoking Prohibited. –
I. Except as provided in RSA 155:67 and notwithstanding any law to the contrary, smoking is prohibited in:
(a) Public educational facilities at any time, and in child care agencies licensed under RSA 170-E during the hours of operation, except foster family homes and foster family group homes.
(b) Hospitals and other acute care facilities.
(c) Grocery stores by customers.
(d) Elevators, tramways, gondolas, and other such public conveyances.
(e) Public conveyances.
(f) Restaurants.
(g) Cocktail lounges.
(h) Enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public. Purposes for which such places may be open to the general public may include, but not be limited to, public meetings, voting, suppers, bingo games, theatrical events, fairs, and bazaars.
II. Smoking may be permitted in enclosed places of public access and publicly-owned buildings and offices, including workplaces, other than those listed in paragraph I, in effectively segregated smoking-permitted areas designated by the person in charge. Smoking shall be totally prohibited in any such enclosed place, if smoking cannot be effectively segregated. The person in charge may declare any facility non-smoking in its entirety.

Source. 1990, 236:2. 2007, 203:3, eff. Sept. 17, 2007.

Section 155:67

    155:67 Exemptions. –
The following shall be exempted from the requirements of this subdivision:
I. Public conveyances rented for private purposes.
II. Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or when they are rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not the organization.
III. Guest rooms of hotels, motels and resorts.
IV. Halls, ballrooms, dining rooms and conference rooms of hotels, motels, restaurants, resorts, and publicly accessible buildings or portions thereof, excluding those that are publicly owned, when rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the facility.
V. Resident rooms in dormitories operated by postsecondary educational institutions, but such dormitories shall follow any appropriate procedures established under RSA 155:71, I.
VI. Resident rooms in public housing facilities, but such facilities shall follow any appropriate procedures established under RSA 155:71, I.
VII. Resident rooms in facilities such as nursing homes, sheltered care facilities, and residential treatment and rehabilitation facilities, and prisons and detention facilities, but such facilities shall follow any appropriate procedures established under RSA 155:71, I.
VIII. [Repealed.]
IX. [Repealed.]
X. Health care facilities, except for hospitals and other acute care facilities, provided that the health care facilities shall follow any appropriate procedures established under RSA 155:71, I.
XI. Patients with extraordinary medical conditions, psychiatric disorders, or patients in an alcohol and drug withdrawal program, provided that the patient's physician has written a prescription or an order allowing the patient to smoke.

Source. 1990, 236:2. 2007, 203:4, I, II, eff. Sept. 17, 2007.

Section 155:68

    155:68 Written Policies. –
The person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written policies in accordance with RSA 155:71, to achieve compliance with this subdivision. Such policies shall include, but not be limited to, the following:
I. If smoking is completely prohibited in any enclosed workplace, enclosed place of public ownership, or enclosed place accessible to the public, then the written policy shall state that smoking is prohibited in the entire facility.
II. If smoking-permitted areas are to be designated in any enclosed area identified in RSA 155:66, then the written policy shall state, in addition to the requirements of RSA 155:69, that smoking is permitted only in designated smoking-permitted areas and shall specify the area or areas where smoking is permitted in the building or facility.
III. Written policies regarding smoking restrictions shall be provided to, or posted, or otherwise made available to any person who works in or routinely uses any enclosed building or facility.
IV. Staff or employees subject to written policies regarding smoking restrictions in any enclosed building or facility shall receive orientation regarding the written policy to which they are required to adhere.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:69

    155:69 Smoking-Permitted Areas; Procedures. –
If smoking-permitted areas are to be designated pursuant to the policy under RSA 155:68, II, the person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written procedures in accordance with RSA 155:71, to achieve compliance with this subdivision. Such procedures may include, but not be limited to, the following:
I. Training procedures to assure that the provisions of this subdivision are understood.
II. Reviewing and arbitrating complaints.
III. Handling of persons who willfully continue to smoke in a "no smoking" area, after having been asked to stop smoking in that area.
IV. The special consideration which may be given to protect individuals who have a medical condition which is medically recognized and medically proven to be directly and adversely affected by tobacco smoke, including, but not limited to, an allergic reaction, as documented by an occupational physician.
V. Instructing security officers, ushers, receptionists, clerks, and other appropriate personnel to assist in ensuring compliance with this subdivision by asking those who smoke in designated "no smoking" areas to refrain from doing so, and to direct smokers to a smoking-permitted area, if appropriate.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:70

    155:70 Signs. – Signs shall be appropriately placed in all buildings and facilities regulated under this subdivision. Such signs shall state the smoking restrictions applicable to the building or facility, in accordance with RSA 155:68.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:71

    155:71 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria for smoking-permitted areas in a manner that effectively segregates areas, in accordance with RSA 155:65, V, where smoking may be permitted in the facilities under RSA 155:67, V, VI, VII, and X.
II. Size and placement of appropriate signs to be used for notification of smoking restrictions.
III. Procedures for resolving complaints and investigations of complaints under RSA 155:73 and 74.
IV. Procedures for requesting a waiver and eligibility determination for a waiver requested under RSA 155:75, and stipulations of a waiver, including time stipulation.
V. Procedures to ensure confidentiality under RSA 155:74.
VI. A schedule of administrative fines which may be imposed under RSA 155:78 for violation of this subdivision or the rules adopted pursuant to it.
VII. Procedures for notice prior to the imposition of an administrative fine imposed under RSA 155:78.

Source. 1990, 236:2. 1995, 310:183. 2008, 325:1, eff. Jan. 1, 2009.

Section 155:72

    155:72 Retaliation Prohibited; Applicability. –
I. No person in charge shall retaliate in any manner against, or otherwise discriminate against, a person, employee, or subordinate who exercises any rights under this subdivision or rules adopted pursuant to this subdivision, or by any policy or procedure promulgated under this subdivision for enclosed places.
II. Nothing in this subdivision shall be construed to authorize an employee to refuse to discharge his ordinary and customary duties in the workplace, including, but not limited to, entering a smoking-permitted area in the discharge of such duties.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:73

    155:73 Noncompliance. – If an employee or user of a building or facility determines or believes that the person in charge or others are not complying with this subdivision or rules adopted pursuant to this subdivision, a complaint shall be registered with the person in charge. If the complaint is not resolved within one calendar month, the complainant may proceed under the complaint procedures established by the commissioner under RSA 155:71.

Source. 1990, 236:2. 1995, 310:183, eff. Nov. 1, 1995.

Section 155:74

    155:74 Complaints; Investigations; Confidentiality. –
I. The commissioner or his or her designee shall investigate any complaint regarding noncompliance with the provisions of this subdivision or rules adopted under it. The investigation shall include a full opportunity for the person in charge to be informed of and to address the complaint.
II. The name of any person registering a complaint regarding noncompliance shall not be divulged by the department of health and human services in any correspondence or meetings, nor shall it be made available over the telephone, unless specific written approval has been given to do so by the complainant. All complaints, except names, shall be a public record for purposes of RSA 91-A. The name of any complainant who requests anonymity, however, shall not be revealed under RSA 91-A.

Source. 1990, 236:2. 1994, 412:17. 1995, 310:175, 183. 2008, 325:2, eff. Jan. 1, 2009.

Section 155:75

    155:75 Waiver. –
I. The person in charge may seek a period of time to comply with this subdivision by submitting a written request to the commissioner requesting a waiver, specifying the grounds for the waiver and the time period within which such enclosed place shall be subject to the provisions of this subdivision.
II. The person in charge shall have the burden to provide clear and convincing evidence to demonstrate that compelling reasons exist to necessitate a waiver; that the requested waiver will not jeopardize the health and well-being of those who habitually occupy the facility; or that the requirement in question causes undue hardship or interferes with other requirements imposed by policies of the facility in question.
III. The commissioner shall follow procedures adopted by rule in determining the eligibility for a waiver and the time period for which the waiver shall extend.

Source. 1990, 236:2. 1995, 310:183, eff. Nov. 1, 1995.

Section 155:76

    155:76 Enforcement; Penalties. –
I. The person in charge or his designee may call law enforcement authorities if any person refuses to refrain from smoking in an area where smoking is prohibited.
II. Any person who smokes in an enclosed public place where smoking is prohibited shall be guilty of a violation and subject to a fine of not less than $100.
III. Any person in charge who fails to comply with any of the provisions of this subdivision or rules adopted pursuant to it shall be subject to a fine imposed under RSA 155:78.

Source. 1990, 236:2. 1995, 310:175. 2008, 325:3, eff. Jan. 1, 2009.

Section 155:77

    155:77 Fire Protection, Safety and Sanitation. – Nothing in this subdivision shall be construed to permit smoking where smoking is prohibited by any other provision of law or rule relative to fire protection, safety and sanitation.

Source. 1990, 236:2, eff. Jan. 1, 1991.

Section 155:78

    155:78 Administrative Fines. – The commissioner, after notice, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of not more than $100 per day for a first offense and not more than $200 per day for each subsequent offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The sums obtained from the levying of administrative fines under this section shall be forwarded to the state treasurer to be deposited into the general fund.

Source. 2008, 325:4, eff. Jan. 1, 2009.

Universal Changing Stations

Section 155:79


[RSA 155:79 repealed by 2019, 333:2, effective upon adoption and ratification of rule to amend the state building code to incorporate the requirements of RSA 155:79 and RSA 155:80.]
    155:79 Definitions. –
In this subdivision:
I. "Physical disability" means a condition of physical incapacitation due to a developmental disability, organic brain damage, or mental illness or one or more physical or mental limitations that restricts a person's ability to perform the normal activities of daily living.
II. "Public building or facility" means any establishment with the capacity to serve 1,500 or more persons per day, including, but not limited to, places of exhibition or entertainment, including movie theaters, theaters, concert halls, sports arenas, and stadiums; shopping centers, shopping malls, or stores of at least 40,000 square feet; places of public display or collection, including museums, libraries, and galleries; places of recreation, including parks, zoos, and amusement parks; airports; bus stations; Interstate rest stops; places of education; hospitals; and rehabilitation centers.
III. "Universal changing station" means an enclosed family or assisted-use toilet facility containing a powered height adjustable adult changing table that is either floor or wall mounted with a safety rail and can be used by a person of either sex, with his or her care provider, for personal hygiene purposes.

Source. 2019, 333:1, eff. Jan. 1, 2020.

Section 155:80


[RSA 155:80 repealed by 2019, 333:2, effective upon adoption and ratification of rule to amend the state building code to incorporate the requirements of RSA 155:79 and RSA 155:80.]
    155:80 Universal Changing Station Required. –
I. A person, private firm, organization, corporation, or state government that operates a public building or facility shall install and maintain at least one universal changing station in a family restroom facility for persons of either sex who have a physical disability.
II. (a) The universal changing station shall measure at least 8 feet by 10 feet and per Americans with Disabilities Act governance and rules, adequate space for an electronic/full adult-sized wheelchair to maneuver; be equipped with a powered, height adjustable adult changing table, a waste receptacle, a toilet, a lavatory, a soap dispenser, and a paper towel dispenser; and comply with current Americans with Disabilities Act accessibility standards.
(b) The powered, height adjustable adult changing table in the universal changing station shall:
(1) Be able to lower to a height of no less than 8 inches and raise to height of no less than 34 inches.
(2) Be at least 25 inches wide by 72 inches in length.
(3) Support up to at least 350 pounds.
(c) The entrance to each universal changing station in the family restroom facility shall have accessible signage indicating the location of the changing station, and, if the building or venue has a central directory, the owner shall ensure that the central directory indicates the location of the universal changing station.
III. This subdivision shall apply to any public building or facility that is open to the public and is built on or after January 1, 2021.

Source. 2019, 333:1, eff. Jan. 1, 2020.