NEW
HAMPSHIRE FIRE STANDARDS AND TRAINING COMMISSION
33
Hazen Drive
Concord,
NH 03305
Telephone: (603) 271-2661
CHAPTER
Fire 100
ORGANIZATIONAL RULES
Statutory
Authority: RSA 21-P:27
Revision Note:
Document #12225-A, effective
6-28-17, adopted, readopted, readopted with amendments, and repealed rules in
Chapter Fire 100 and adopted, readopted, and readopted with amendments rules in
Chapter Fire 200, which required extensive renumbering of the former rules in
Part Fire 101 and Chapter Fire 200.
The definitions of
“certification” in Fire 101.03, “curricula” in Fire 101.08, “mental disorder”
in Fire 101.18, “mentor” in Fire 101.19, and “student” in Fire 101.25 were
adopted. The existing definitions of “days”
in Fire 101.10, “fire service personnel” in Fire 101.16, and “module” in Fire
101.19 were readopted and renumbered, respectively, as Fire 101.09, Fire
101.15, and Fire 101.20. The definitions
of “agency” in Fire 101.01, “certified career fire fighter’ in Fire 101.04,
“course coordinator” in Fire 101.09, and “training coordinator” in Fire 101.25
were repealed. The other existing
definitions were readopted with amendment and renumbered.
The rules in Document
#12225-A will not expire except pursuant to RSA 541-A:17, II. Document #12225-A replaces all prior filings
for rules in the former Fire 100 and Fire 200.
The prior filings affecting the former Fire 101 on definitions include
the following documents:
#2013, eff 5-5-82, EXPIRED
5-5-88
#5726, eff 10-21-93, EXPIRED
10-21-99
#6526, eff 6-25-97
#6883, eff 11-17-98
#7144, INTERIM, eff 12-2-99,
EXPIRED 3-31-00
#7331, eff 8-1-00
#8026, eff 1-12-04
#9319-A, eff
11-12-08
PART
Fire 101 DEFINITIONS
Fire 101.01 “Appointment” means the act of
officially assigning a person to a fire service personnel position in a fire
department or fire-related state agency.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.02 “Candidate” means a person who has
made application for appointment to a fire service personnel position in a fire
department or fire-related state agency.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire
101.03 "Certification"
means official confirmation by the commission of a person that has successfully
completed all required components of a curriculum and certification testing.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.04 “Chair” means presiding officer of the
commission.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.05 “Commission” means the New Hampshire fire
standards and training commission, as defined in RSA 21-P:25, II(a).
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.06 “Complaint” means any submitted
written petition which protests an
action of any person in a fire service personnel position who holds a
certification issued by the commission, where a remedy regarding the person’s certification
or rights under these rules is available.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.07 “Course” means the entire progression
of training, consisting of one or more modules, leading to a person achieving
certification by the commission at a particular level.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.08 “Curricula” means the combination of
subject matter, learning objectives, instructional methodology, testing
procedures and other specifications established for courses approved by the
commission in accordance with Fire 402.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.09 “Days” means working days excluding
Saturdays, Sundays, or state legal holidays.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7144, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7331,
eff 8-1-00; (See Revision Note at
chapter heading for Fire 100) #12225-A,
eff 6-28-17 (from Fire 101.10)
Fire 101.10 “Director” means the director of the division
of fire standards and training and emergency medical services of the department
of safety, as defined in RSA 21-P:25, II(b).
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.11 “Discharge” means the
hiring authority’s dismissal of a person from a fire service personnel
position.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.12 “Division” means the division of fire
standards and training and emergency medical services of the department of
safety.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.13 “Effective date” means the date on
which action was taken concerning an appointment, a death, a promotion, retirement,
or termination of a person in a fire service personnel position.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.14 “Fire department” means the legally
constituted municipal or privately incorporated entity that provides services
such as, but not limited to, fire suppression, fire prevention, rescue,
hazardous materials, emergency medical care, fire investigation, and fire or
building inspections in the state, county, municipality, organized fire
district, or area.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.15 “Fire service personnel” means “fire
service personnel” as defined in RSA 21-P:25, II(c).
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.16 “Full-time career fire service
personnel” means permanent fireman as defined in RSA 100-A:1, VIII.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.17 “Hiring authority” means any legally
designated official(s) of a private, incorporated, or unincorporated entity or
body politic that authorizes the appointment of fire service personnel.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.18 “Mental disorder” means a condition defined in
the Diagnostic and Statistical Manual of Mental Disorders of the American
Psychiatric Association (5th edition)(2013), available as provided
in Appendix B, diagnosed by a psychologist or psychiatrist, based upon mental
status examination or psychological testing.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.19 “Mentor” means
an instructor who has been trained to properly evaluate education methodology.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.20 “Module” means
a specific area of instruction which is a part of a course leading to
certification.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.21 “Petition” means any of the following:
(a)
A written request submitted to the commission complaining of the actions
of a person in a fire service personnel position where a remedy regarding that person’s certification
or rights under these rules is available;
(b)
A written request submitted to the commission to adopt, amend, or repeal
a rule; or
(c)
A written request submitted to the commission for a declaratory ruling.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.22 “Promotion” means a raise in rank or a
change authorized by a hiring authority in a fire service personnel position
which allows for increased duties and responsibilities.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.23 “Resignation” means when a person
gives up a fire service personnel position or related office.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.24 “Subject matter expert” means a person
who possesses a specialized expertise in a particular subject area and who has
met the requirements of these rules to teach only in that particular area.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire
101.25 “Student”
means a person enrolled and participating in an approved New Hampshire fire
standards and training course or related module.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.26 “Termination” means resignation or
discharge of a person from a fire service personnel position.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.27 “Training outline” means the written
compilation of the curricula information regarding a module or course which is
approved by the commission in accordance with these rules.
Source. (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
PART Fire 102 COMMISSION
Fire 102.01 Composition of the
Commission. Pursuant to RSA 21-P:26,
the commission consists of the commissioner of safety or designee, the
commissioner of education or designee, the attorney general or designee, the
chief of the forest protection, the director of the division of fire standards
and training and emergency medical services, the director of the division of
fire safety and 10 members, appointed by governor and executive council for a
term specified by law.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7144, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7331,
eff 8-1-00
New. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (See Revision Note at chapter heading for Fire 100)
Fire 102.02 Duties of the Commission.
The responsibilities of the commission include:
(a)
Adopting rules pursuant to RSA 21-P:27;
(b)
Establishing minimum educational and training standards for employment
as full-time career fire service personnel;
(c)
Establishing minimum selection standards for full-time career fire
service personnel;
(d)
Establishing educational and training standards for fire service
personnel;
(e)
Certifying fire service personnel as meeting the educational and
training standard;
(f)
Holding hearings as required by RSA 21-P:29, III(c); and
(g)
Any other duty or power specified by statute.
Source. #7331, eff 8-1-00; ss by
#12225-A, eff 6-28-17 (See Revision Note at chapter heading for Fire 100)
PART Fire 103 ACCESS TO
INFORMATION
Fire 103.01 Requests for Information.
(a)
Requests for information from the commission shall be sent to the:
Director, Division
of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305.
(b)
Public records, not otherwise declared confidential by law, shall be
available for inspection by appointment.
(c)
A person who receives copies of documents in response to a request
pursuant to (a) above, shall be assessed the fee, as provided in RSA 91-A:4,
IV.
Source. #7331, eff 8-1-00; amd by #9319-A, eff 11-12-08; ss by #12225-A, eff 6-28-17 (See Revision
Note at chapter heading for Fire 100)
CHAPTER Fire 200 PETITIONS AND
HEARING PRACTICE AND PROCEDURES
Revision Note:
Document
#12225-A, effective 6-28-17, adopted, readopted, readopted with amendments, and
repealed rules in Chapter Fire 100 and adopted, readopted, and readopted with
amendments rules in Chapter Fire 200, which required extensive renumbering of
the former rules in Part Fire 101 and Chapter Fire 200. The source note information for the rules in
Fire 200 applies to the rules with the former rule number indicated in the
source notes.
The rules in Document #12225-A will
not expire except pursuant to RSA 541-A:17, II.
Document #12225-A replaces all prior filings for rules in the former
Fire 100 and Fire 200.
PART Fire 201 GENERAL
PROVISIONS FOR PETITIONS AND HEARINGS
Fire 201.01 Applicability. This part shall apply to all petitions and
where a hearing is required by law.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (See
Revision Note at chapter heading for Fire 200)
Fire
201.02 Presiding
Officer.
(a) The chair, with the advice and consent of a
majority of the commission, shall appoint as designee any member of the
commission to act as the presiding officer, when necessary to aid in the
efficiency and integrity of the hearing.
(b)
A presiding officer shall, at any stage of the hearing process, withdraw
from a case if he or she:
(1) Presently, or in the past, has had a personal
or business relationship with a party, witness or attorney that could hinder him
or her from arriving at an impartial decision on the issue(s); or
(2) Cannot render an impartial decision for any
other reason.
Source. #12225-A,
eff 6-28-17 (See Revision Note at chapter heading
for Fire 200)
Fire 201.03 Waiver. The commission or presiding officer, upon his
or her own initiative or upon the motion of any party, shall suspend or waive
any requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be
more likely to promote the fair, accurate and efficient resolution of issues
pending before the commission than would adherence to a particular rule or
procedure.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.02) (See Revision Note at chapter heading for Fire 200)
Fire 201.04 Computation of Time Periods.
In computing any period of time prescribed or allowed
by these rules or RSA 21-P:27:
(a) The day of the act, event, or default after
which the designated period of time begins to run shall not be included; and
(b) The last day of the period so computed shall
be included unless it is a Saturday, Sunday, or state legal holiday, in which
event the period shall extend until the end of the next day that is not a
Saturday, Sunday, or state legal holiday as specified in RSA 288.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.03) (See Revision Note at chapter heading for Fire 200)
Fire 201.05 Filing of Documents.
(a)
Each petition shall be in writing, signed, and shall accurately describe
the nature of the petition and the relief sought.
(b)
All petitions, motions, replies, answers, notices, and other pleadings
relating to any petition shall, if mailed or hand-delivered, be addressed to:
Chair, Fire
Standards and Training Commission
c/o Director,
Division of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(c)
All documents shall be deemed to have been filed when received by the
director.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.04) (See Revision Note at chapter heading for Fire 200)
Fire 201.06 Action on Petitions.
(a)
Upon receipt, all petitions or other documents shall be forwarded by the
director to the chair.
(b)
Within 60 days of receipt by the director, the chair shall examine the
petition and notify the petitioner of any apparent errors or omissions. The petitioner may resubmit the completed
petition within 30 days of the receipt of the chair’s or presiding officer’s
notification. The commission shall deny
in writing any untimely petitions.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.05) (See Revision Note at chapter heading for Fire 200)
PART Fire 202 PETITIONS OF COMPLAINT
Fire 202.01 Investigations of Complaints. The chair shall consult with the director and
appoint staff member(s) of the division to investigate any complaint submitted
by petition to the commission. Should
the complaint pertain to any staff member of the division, the chair shall consult
with the commissioner of the department of safety to coordinate the
investigation. The investigator(s) shall
report their findings and recommendations to the chair or presiding officer
within 60 days of receipt of a complaint or petition.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.06) (See Revision Note at chapter heading for Fire 200)
Fire 202.02 Informal Settlements and
Uncontested Cases.
(a)
The chair or presiding officer is authorized to engage in
non-adjudicative processes for the purposes of settling a complaint or petition
to determine if settlement can be reached without a hearing.
(b)
The chair or presiding officer shall, if needed, schedule one or more
informal prehearing conferences, pursuant to RSA 541-A:31, V.
(c)
No party shall be required to utilize informal procedures when a hearing
is required.
(d)
In the event a proposed informal settlement is reached, the chair or
presiding officer shall advise the commission of the nature of the proposed
settlement, which shall be approved by a majority of the commission prior to
the settlement being entered.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.07) (See Revision Note at chapter heading for Fire 200)
Fire 202.03 Contested Cases.
(a)
In the event a complaint petition is considered a contested case which
cannot be settled under Fire 202.02, and a hearing is scheduled, all parties
shall be notified of the:
(1) Time, place, and nature of the hearing;
(2) Statutory authority under which the hearing
is to be held;
(3) Particular sections of the statutes or rules
involved;
(4) Issues involved;
(5) Right to have an attorney present to
represent the party at the party’s expense; and
(6) Right to have the commission provide a
certified shorthand court reporter at the party’s expense.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.08) (See Revision Note at chapter heading for Fire 200)
Fire 202.04 Continuances.
(a)
The presiding officer shall grant up to a 30-day extension of time to
schedule a hearing pursuant to RSA 21-P:27 if a party:
(1) Is absent from the jurisdiction;
(2) Has a serious illness;
(3) Is incarcerated;
(4) Has had a death in his or her family; or
(5) Other good cause shown.
(b)
All requests for continuances shall:
(1) Be in writing;
(2) Be submitted to the presiding officer at
least 5 working days before the scheduled hearing; and
(3) Include:
a. The reason for the request; and
b. Optional dates when the party shall be
available.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.09) (See Revision Note at chapter heading for Fire 200)
Fire 202.05 Representation of Parties.
(a)
Parties may be represented:
(1) Pro se;
(2) By legal counsel; or
(3) Pursuant to RSA 311:1.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.10) (See Revision Note at chapter heading for Fire 200)
Fire 202.06 Discovery.
(a)
Parties shall be provided with all documents and records requested
relative to the issues raised by the request for hearing no later than 5
working days prior to the hearing date.
(b)
All discovery requests shall be in writing and shall be honored unless
the presiding officer rules that the request is not relevant to an issue(s).
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.11) (See Revision Note at chapter heading for Fire 200)
Fire 202.07 Role of Complainants. Unless called as witnesses or granted party
or intervenor status, a person who initiates an adjudicative proceeding by
complaining to the commission about the conduct of a person who becomes a party
shall have no role in any enforcement or disciplinary hearing and is not a
party.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.12) (See Revision Note at chapter heading for Fire 200)
Fire 202.08 Intervenors. If a person meets the criteria of RSA
541-A:32, that person shall be allowed on motion to intervene in any action
before the presiding officer.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.13) (See Revision Note at chapter heading for Fire 200)
Fire 202.09 Division Staff. Division staff who have been designated by
the chair to investigate and present the commission’s case shall fully
participate in the hearing. Other
division staff shall have no role in the hearing unless called as a witness.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.14) (See Revision Note at chapter heading for Fire 200)
Fire 202.10 Motions.
(a)
All motions shall be submitted in writing unless presented orally at the
hearing.
(b)
The presiding officer shall rule on a motion when made or shall advise
parties present that the motion shall be taken under advisement.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.14); ss by #12225-A, eff 6-28-17 (formerly Fire
201.15) (See Revision Note at chapter heading for Fire 200)
Fire 202.11 Oaths or Affirmations.
(a)
An oath or affirmation shall be administered to each witness by the
presiding officer prior to receiving testimony in a hearing.
(b)
Interpreters shall have an oath or affirmation administered to them to
truthfully and accurately translate all questions asked and answers given.
(c)
Once a witness has been sworn or affirmed at any hearing, it shall not
be necessary for him or her to be sworn or affirmed again for subsequent
testimony on the same day and in the same case.
The record of the proceeding shall indicate that a person was recalled
to testify, and reminded that he or she was still under oath or affirmation.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.15); ss by #12225-A, eff 6-28-17 (formerly Fire
201.16) (See Revision Note at chapter heading for Fire 200)
Fire 202.12 Applicable Rules of Evidence.
(a)
The following shall govern the introduction and admissibility of
evidence at hearings:
(1) Hearings shall not be bound by the rules of
evidence;
(2) All relevant and material evidence shall be
admissible;
(3) Evidence shall include but not be limited to:
a. Depositions;
b. Affidavits;
c. Official documents; and
d. Testimony of witnesses;
(4) The presiding officer shall exclude any
irrelevant, immaterial, or unduly cumulative or repetitious evidence; and
(5) Applicable statutory and constitutional provisions
and immunities requiring exclusion of evidence shall be recognized provided
however, that nothing contained herein shall prohibit a party from waiving his
or her privilege or immunity.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.16); ss by #12225-A, eff
6-28-17 (formerly Fire 201.17) (See Revision Note at chapter heading for
Fire 200)
Fire 202.13 Burden of Proof and Standard
of Proof. The party asserting the
affirmative of a proposition shall have the burden of proving the truth of that
proposition by a preponderance of the evidence.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.16); ss by #12225-A, eff
6-28-17 (formerly Fire 201.18) (See Revision Note at chapter heading for
Fire 200)
Fire 202.14 Proposed Findings of Fact
and Conclusions of Law.
(a)
Any party may submit proposed findings of fact and conclusions of law to
the presiding officer prior to or at the hearing.
(b)
Upon request of any party, or if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and
conclusions of law.
(c)
In any case where proposed findings of fact and conclusions of law are submitted,
the decision shall include rulings on the proposals.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.19) (See Revision Note at chapter heading for Fire 200)
Fire 202.15 Rendering a Decision.
(a)
A commission member shall not participate in making a decision unless he
or she personally heard the testimony in the case, unless the matter’s
disposition does not depend on the credibility of any witness and the record
provides a reasonable basis for evaluating the testimony.
(b)
If a presiding officer has been delegated the authority to conduct a
hearing in the absence of a majority of the commission who are to render a
final decision, the presiding officer shall submit to the commission a written
proposal for decision, which shall contain a statement of the reasons for the
decision and findings of fact and rulings of law necessary to the proposed
decision.
(c)
If a proposal for decision in a matter not personally heard by a
commission member is adverse to a party to the proceeding other than the
commission itself, the commission shall serve a copy of the proposal for
decision on each party to the proceeding and provide an opportunity to file
exceptions and present briefs and oral arguments to the commission.
(d)
A proposal for decision shall become a final decision upon its approval
by the commission.
(e)
All decisions shall be reached on the basis of a preponderance of the
evidence.
(f)
The commission shall keep a decision on file in its records for at least
5 years following the date of the final decision or the date of the decision on
any appeal, unless the director of the division of records management and
archives of the department of state sets a different retention period pursuant
to rules adopted under RSA 5:40.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.18); ss by #12225-A, eff 6-28-17 (formerly Fire 201.20)
(See Revision Note at chapter heading for Fire 200)
Fire 202.16 Record.
(a)
The record in a contested case shall include:
(1) All notices, pleading, motions, orders and
rulings;
(2) All evidence received or considered;
(3) A statement of any matter officially noticed;
(4) Objections and rulings on questions, and
offers of proof;
(5) Proposed findings and exceptions;
(6) Any decision, opinion, or report by the
presiding officer at the hearing;
(7) All staff memoranda or data submitted to or
considered by the presiding officer before making the decision;
(8) The tape recording or stenographic notes or
symbols prepared for the presiding officer at the hearing, together with any
transcript of all or part of the hearing considered by the presiding officer
before making the decision; and
(9) Matters placed on the record after an ex
parte communication.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.19); ss by #12225-A, eff
6-28-17 (formerly Fire 201.21) (See Revision Note at chapter heading for
Fire 200)
Fire 202.17 Transcripts.
(a) There shall be an audio recording
of all hearings and all parties who are present shall be so notified.
(b)
A copy of the recording, pursuant to RSA 541-A:31, VII, shall be made
available on written request by a party.
(c)
All written requests for audio recordings or transcripts shall include
the following:
(1) Name and address of the party making the
request;
(2) Date of the hearing;
(3) Name of the presiding officer; and
(4) Docket number of the hearing.
(d)
A party may request, in writing, a transcript of the hearing if all reasonable
costs for transcription are paid first.
(e)
The commission shall retain a copy of hearing recordings for at least 60
days.
(f)
Any person attending a hearing may tape or otherwise record the
hearing. The presiding officer shall
notify all parties present that the record is in addition to the official
record being made by the commission.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.20); ss by #12225-A, eff
6-28-17 (formerly Fire 201.22) (See Revision Note at chapter heading for
Fire 200)
Fire 202.18 Reopening of Cases.
(a)
A case shall be reopened whenever:
(1) A party alleges the existence of
newly-discovered material evidence which due diligence would not have
discovered prior to the hearing; or
(2) A party alleges any material error, omission,
misconstruction of applicable statutes or rules or misrepresentation of
applicable precedents.
(b)
A request to reopen a case shall be in writing, and shall be filed
within 30 days of the issuance of the decision.
It shall outline newly discovered evidence or an allegation of material
error, omission, or misconstrued statutes, rules, or misrepresentation of
applicable precedents.
(c)
A request to reopen a case shall be denied if it is determined that the
request is:
(1) Made solely to obtain a delay in the
disposition of the case; or
(2) Not in compliance with this section.
Source. #9319-A,
eff 11-12-08 (from Fire 201.21); ss by
#12225-A, eff 6-28-17 (formerly Fire 201.23) (See Revision Note at chapter
heading for Fire 200)
Fire 202.19 Appeal of Administrative
Action. The result of an
administrative action shall remain in full force and effect, pending the
outcome of the appeal or expiration of the sanction imposed.
Source. #9319-A,
eff 11-12-08 (from Fire 201.22); ss by
#12225-A, eff 6-28-17 (formerly Fire 201.24) (See Revision Note at chapter
heading for Fire 200)
PART Fire 203 PETITION FOR
ADOPTION, AMENDMENT OR REPEAL OF A RULE
Fire 203.01 Petitions for Rulemaking.
(a)
Any person may request the commission to commence a proceeding for the
purpose of adopting, amending, or repealing a rule by filing a petition.
(b)
The petition for rulemaking shall contain the following:
(1) The text of the proposed rule or a statement
of the results intended by the petitioner to flow from the implementation of
the proposed rules; or
(2) If the petitioner proposed to amend or repeal
an existing rule, an identification of the particular rule sought to be amended
or repealed.
(c)
Petitions shall be filed in accordance with Fire 201.05.
(d)
The petition shall be granted if the commission determines:
(1) The commission has rulemaking authority
pursuant to RSA 21-P:27 or RSA 541-A;
(2) The petition clearly identifies issues which
require rulemaking;
(3) There is not an existing rule which addresses
the issues raised in the petition; and
(4) The petition is consistent with RSA 21-P:27
and any applicable case law.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08;
ss by #12225-A, eff 6-28-17 (formerly
Fire 202.01) (See Revision Note at
chapter heading for Fire 200)
Fire 203.02 Commission Action Upon
Adoption, Amendment or Repeal of a Rule Petition. Within 30 days of filing, the commission
shall, in writing, grant or deny a petition for rulemaking. If the petition is denied, the commission
shall state the reasons in the letter denying the petition. If the petition is granted, the commission
shall commence rulemaking proceedings as prescribed by law.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08;
ss by #12225-A, eff 6-28-17 (formerly
Fire 203.02) (See Revision Note at
chapter heading for Fire 200)
PART Fire 204 DECLARATORY
RULINGS
Fire 204.01 Petitions for Declaratory
Rulings.
(a)
Any person may file a petition requesting a declaratory ruling from the
commission on the following matters:
(1) Any statutory provision that vests authority
in the commission;
(2) Any rule of the commission; or
(3) Any order of the commission.
(b)
The petition for a declaratory ruling shall contain the following
information:
(1) The exact ruling being requested;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law;
(3) Interest of the petitioner; and
(4) The petitioner’s name and mailing address.
(c)
Petitions shall be filed in accordance with Fire 201.05.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff 6-28-17 (formerly Fire 203.01) (See Revision Note at chapter heading for Fire 200)
Fire 204.02 Commission Action Upon
Petition. Within 60 days of filing,
the commission shall respond to the petitioner in writing. If the commission grants the petition, the
commission shall provide its ruling to the director of legislative services as
required by law. The commission shall reject the petition if it is inadequate
or beyond the scope of the commission’s authority as specified in RSA 21-P:27.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff 6-28-17) (See Revision Note at chapter heading for
Fire 200)
PART Fire 205 RULEMAKING
HEARINGS
Fire 205.01 Scope. This part shall apply to rulemaking hearings
required pursuant to RSA 541-A:11.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.01) (See
Revision Note at chapter heading for Fire 200)
Fire 205.02 Notice. The commission 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.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.02) (See
Revision Note at chapter heading for Fire 200)
Fire 205.03 Presiding Officer.
(a) The hearing shall be presided over by the
chair of the commission or his or her designee.
(b) The chair or designee shall:
(1) Determine whether a quorum of the commission
is present for the hearing;
(2) Call the hearing to order;
(3) Cause a recording of the hearing to be heard;
(4) Recognize those who wish to be heard;
(5) Maintain order during the hearing; and
(6) Adjourn the hearing.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.03) (See
Revision Note at chapter heading for Fire 200)
Fire 205.04 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
commission.
(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 chair or designee
shall call for any new testimony from any new speaker.
(d) When the chair or designee has determined
that no other individual wishes to testify, he or she shall close the public
hearing.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.04) (See
Revision Note at chapter heading for Fire 200)
Fire 205.05 Postponement and
Continuations.
(a) The chair or designee shall postpone a
hearing to a later date, time or place in the event of:
(1) Inclement weather;
(2) A lack of quorum; or
(3) Determination by the commission that
postponement of the hearing shall facilitate greater participation by the
public.
(b) The chair 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 postponement or continuation of a public
hearing or of extension of the public comment period shall be provided pursuant
to RSA 541-A:11, III and IV(d).
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.05) (See
Revision Note at chapter heading for Fire 200)
Fire 205.06 Written Comments. Individuals may submit comments in writing or
electronic format to the commission on proposed rulemaking actions any time
from the time notice has been published until the end of the public comment
period as set forth in the notice of rulemaking.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.06) (See
Revision Note at chapter heading for Fire 200)
Fire 205.07 Copies of Tapes.
(a)
All hearings shall be recorded.
(b)
A copy of the recording may be requested by submitting a written request
to:
Fire Standards and
Training Commission
c/o Director of
Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(c) Pursuant to RSA 91-A:4, persons requesting a
copy of the recording shall pay the actual cost of duplication.
(d) Recordings of proceedings shall be preserved
for no less than 75 days from the conclusion of the hearing date.
Source. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.07) (See
Revision Note at chapter heading for Fire 200)
PART Fire 206 EXPLANATION OF
RULE
Fire 206.01 Request for Rule Explanation.
(a)
Within 30 days after the adoption of a rule, any interested person may
request the commission 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 commission overruled arguments
and considerations relative to the rule.
(b)
Rule explanation requests shall be received and disposed of in the
following manner:
(1) Requests shall be submitted to the commission
at:
Chair, Fire
Standards and Training Commission
c/o Director,
Division of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(2) When a request for rule explanation has been
received by the commission, the commission shall issue a statement responsive
to the request within 90 days. The
statement shall provide the information required by (a) above.
Source. # 9319-B, eff 11-12-08, EXPIRED 11-12-16
New. #12225-A,
eff 6-28-17 (formerly Fire 205.01) (See Revision Note at chapter heading
for Fire 200)
CHAPTER Fire 300 CONDUCT OF
MEETINGS
PART Fire 301 MEETINGS OF THE
COMMISSION
Fire 301.01 Chair
of the Commission. The chair shall
delegate his or her duties to the vice chair, or any other member of the
commission, whenever he or she is unable to perform his or her duties.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss by #12225-B, eff 6-28-17
Fire 301.02 Robert’s Rules of Order. Meetings shall be conducted in accordance
with “Robert’s Rules of Order, 11th Edition (2011)”, available as
provided in Appendix B.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss by #12225-B, eff 6-28-17
Fire 301.03 Public Participation.
(a)
Parties wishing to bring issues to the attention of the commission
during a meeting shall first notify the division in writing at least 7 days
prior to the date of the scheduled meeting and state the nature of the issue
for inclusion on the commission’s agenda.
(b)
The chair shall request additional information if it will enable the
commission to accurately and completely address an issue.
(c)
A person in attendance of a meeting of the commission who wishes to
raise an issue but has not complied with the notice requirement in (a) shall
request a waiver from the commission.
(d)
All requests for waivers shall be made orally and include the following:
(1) Person’s name; and
(2) Nature of the issue to be considered.
(e)
The chair shall waive the requirements of paragraph (a) if:
(1) The issue can be addressed given the time available
to the commission; and
(2) The commission has the resources available
necessary to respond to the issue.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 400 MINIMUM STANDARDS
FOR TRAINING AND CERTIFICATION
PART Fire 401 GENERAL
INFORMATION
Fire 401.01 Eligibility of Certification.
Any person shall be certified by the commission if:
(a) They successfully complete a commission
approved course; and
(b) They satisfactorily complete the commission
required certification testing.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 401.02 Methods of Completing
Certification Courses. Courses shall
be provided either in their entirety or in modules. Students shall complete
courses, but they may complete courses as a part of one program, or may
complete the required modules independently, except when prerequisite training
is necessary to ensure safety or successful completion, as designated in the
training curricula approved by the commission in accordance with Fire 402.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 401.03 Distinction Between Course
Completion and Certification.
(a)
Students may complete modules or courses leading to certification by
fulfilling all of the requirements specified in the training outline approved
by the commission in accordance with Fire 402.
After completing these courses, the student shall be eligible for
certification testing.
(b)
Students shall only be certified by the commission upon fulfilling all
course requirements and satisfactory completion of practical and written
certification tests as designated by the commission in accordance with these
rules.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss
by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 402 CURRICULA
Fire 402.01 Commission Approval.
(a)
Pursuant to RSA 21-P:27, I, the commission shall make a determination as
to whether to approve curricula for courses based on a review of a proposed
training outline containing the information set forth in Fire 402.03, which
shall be provided for the entire course or in modules.
(b)
The commission shall provide a public review period as outlined in Fire
402.02 prior to final approval of all curricula.
(c)
Approval of curricula shall be by majority vote of the commission.
(d)
On approval or revision of curricula for a course or module, the date of
approval shall be printed on the cover sheet of each training outline and
signed by the chair, along with the words “approved by the New Hampshire Fire
Standards and Training Commission” and shall include the commission’s seal.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.02 Public Review. The commission, prior to any final vote
regarding minimum standards, selection procedures, or certification, shall
allow for public input in accordance with RSA 21-P:29, III.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.03 Minimum Information Required
for Curricula Approval.
(a)
For approval, curricula shall include, as a minimum, the following
information in the form of a written training outline:
(1) Subject area(s) covered;
(2) Required number of hours per subject area;
(3) General content of each subject area;
(4) Teaching methodology;
(5) Description of visual aids to be used, if
any;
(6) Description of reference material or
information to be used, if any;
(7) Required facilities;
(8) Terminal performance objectives, which means
the required demonstration by the student of the competencies required;
(9) Description of written and practical
certification tests;
(10) Statement that the proposed curriculum meets
nationally accepted standards;
(11) Instructor/student ratio;
(12) Minimum and maximum number of students;
(13) Prerequisites, if any; and
(14) List of equipment required.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.04 Curricula for Special
Training Needs.
(a)
The commission shall allow the use of curricula other than that approved
under these rules if necessary to meet special training needs.
(b)
All curricula submitted pursuant to this section shall include
equivalent subject areas and terminal objectives as included in the approved
curricula.
(c)
All information specified in Fire 402.03 shall be submitted.
(d)
All items shall be submitted for approval to the commission no less than
60 days prior to the scheduled commencement of training.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 403 CERTIFICATION
TESTING
Fire 403.01 Certification Testing
Generally. At the completion of all
courses leading to certification, regardless of whether completed at one time
or completed module by module, a certification test shall be passed by the
student prior to necessary commission certification.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.02 Scope of Testing. Certification testing shall consist of any
combination of practical, oral, or written portions. A student shall expect to be tested on any
aspect of any course related performance objective.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08;
ss by #9319-B, eff 11-12-08
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.03 Minimum Scores Required.
(a)
A student shall correctly answer at least 70 percent of the questions on
all sections of written and oral tests in order to be eligible for
certification.
(b)
A student shall demonstrate the minimum proficiency established in each
terminal performance objective in a safe and efficient manner in order to be
eligible for certification.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.04 Commission Approval of Tests.
(a)
All written and practical tests shall be approved as determined in Fire
402.01(a).
(b)
Tests offered prior to final commission approval shall be deemed valid
for all purposes under these rules, with the exception of any particular
questions or objectives subsequently rejected by the commission. In that event,
the percentage answered correctly shall be recalculated following removal of
rejected questions or standards.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by#9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.05 Administration of Testing. Testing for certification shall be
administered by the division staff.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.06 Invalidation. Violation of commission procedures or rules
that affect the score given to a test shall result in the invalidation of the
test.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.07 Retesting.
(a)
Tests for certification may be taken and failed 2 times after which the
student shall complete the retraining recommended by the director and approved
by the commission.
(b)
After completion of the retraining recommended by the director and
approved by the commission the student may retake the test 2 more times.
Source. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 404 INSTRUCTORS
Fire 404.01 General Requirements for
Instructors.
(a) Approval for all curricula for the
instructor certification program shall be determined in accordance with Fire
402.
(b)
All instructors teaching courses approved by the commission shall be
state instructors.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.02 Initial Minimum Standards
for State Instructors.
(a)
All state instructors shall:
(1) Be certified in the course, level, or module
to be taught;
(2) Have completed an approved educational
methodology course, pursuant to Fire 402.03, which includes a module on
instructing students with adult learning disabilities;
(3) Student teach under the supervision of an
assigned mentor who shall document the student teaching hours and determine
teaching proficiency; and
(4) Have at least one mentor recommend the
student to the commission for designation as a state instructor.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.03 Performance Evaluations.
(a)
Upon receipt of a complaint, state instructors shall be evaluated by an
assigned mentor who shall document the instructor teaching and determine
teaching proficiency.
(b)
As a result of a negative performance evaluation, the commission shall
require the state instructor to successfully complete any of the following or
combination of the following in order to maintain the minimum standards
required in Fire 404.02:
(1) Attendance at additional training;
(2) Student teaching under an assigned
supervising instructor; or
(3) Performance of other activities as deemed
necessary by the commission.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.04 State Instructors:
Maintenance of Status.
(a)
In order to maintain status as a state instructor, a state instructor
shall:
(1) Have taught or assisted in a minimum of 3
courses in a 12-month period or
have participated
in a commission-approved continuing education program;
(2) Have not been sanctioned or suspended for
disciplinary action under Fire 500;
(3) Be current with all paperwork and have
completed such paperwork in a complete and timely fashion to the extent
necessary for effective administration of training programs; and
(4) Be in compliance with all applicable
commission rules.
(b)
A state instructor whose status has lapsed less
than 1 year may become current by successfully completing the requirements of
Fire 404.04(a).
(c)
A state instructor fire service instructor whose status has lapsed
greater than 1 year may become current by meeting the requirements outlined in
Fire 404.02 initial minimum standards for state instructors.
(d) A state instructor shall provide the
commission documentation of compliance with section (a)(1) and (a)(2) above
every two years.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.05 Subject Matter Experts.
(a)
Subject matter experts shall be approved only in the areas of their
specialization and shall not teach in any other commission-approved programs.
(b)
Subject matter experts shall be approved based on the resume,
reputation, and performance evaluation, and shall be required to demonstrate
proficiency.
(c)
Candidates shall submit to a performance evaluation which shall include
the following:
(1) An interview;
(2) Student teach under the supervision of an
assigned mentor who shall document the student teaching hours and determine
teaching proficiency; and
(3) Have at least one mentor recommend the
student to the commission for designation as a subject matter expert.
(d)
Subject matter experts shall meet the requirements of Fire 404.04(a), as
applicable.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 405 TRANSFER OF
CREDIT AND CERTIFICATION
Fire 405.01 Reciprocity.
(a)
Any person who has been certified in any out-of-state jurisdiction may
apply to the commission for certification following Fire 405.02.
(b)
The commission shall recognize out-of-state certifications that are
accredited through a national or international accreditation organization as
having the certification in question.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11 12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 405.02 Reciprocity and Challenges.
(a)
A person may submit a petition for declaratory ruling to the commission
per Fire 204 to request credit for training received elsewhere.
(b)
The commission shall review the following factors in order to determine
whether to grant the person credit:
(1) Subject areas covered;
(2) Actual hours of instruction;
(3) Content of subject areas;
(4) Terminal performance objectives, which means
the required demonstration by the student of the competencies required; and
(5) Date of completion.
(c)
After reviewing (b)(1)-(5) above, the commission shall grant the person
credit if the other training meets or exceeds the commission’s established
curricula objectives, subject to section (d) below, or, if the commission
determines that training does not meet or exceed the commission’s own
established curricula objectives, the applicant may receive credit for that
training if he or she submits to additional training sufficient to meet the
curricula objectives, as determined by the commission.
(d)
The person shall complete the following:
(1) A written examination or oral examination in
the subject matter; or
(2) Skills performance examination.
(e)
The person shall be required to provide documentation as is necessary to
accurately assess the proficiency of the person. Such documentation shall include
certificates, diplomas, and performance in courses taken.
(f)
The person may request in writing that the commission reconsider any
decisions rendered under this part within 30 days of the original determination.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 500 OWNERSHIP AND REVOCATION OF
CERTIFICATES
PART Fire 501
OWNERSHIP AND REVOCATION
Fire 501.01 Ownership of Certificates. All certificates and documents issued by the
commission shall remain the property of the commission and shall be returned to
the commission upon revocation or suspension.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 501.02 Suspension.
(a) After notice and opportunity for a hearing,
the commission shall, unless it has just cause to do otherwise as provided in
(c) below, order the suspension of certification if a person commits a
violation, after prior notice, of commission rules relative to him or her or
the fire personnel working or training under his or her control and his or her
direction.
(b) The provisions of Fire 200 shall apply to
hearings held under this subdivision.
.
(c) The commission shall not order suspension of
a certification if it finds just cause not to do so which includes:
(1) The charges against the fire
personnel were not proven by a preponderance of the evidence; or
(2) The violation is so minor
that a suspension would not have a deterrent or rehabilitative value.
(d) The suspension period shall be set for 90
days unless mitigating circumstances warrant a reduced suspension period.
(e) For the purposes of (d) above, mitigating
circumstances include:
(1) The lack of a prior
disciplinary record;
(2) The seriousness of the
violation;
(3) The certificate holder’s
acknowledgment of his or her wrongdoing;
(4) The purpose of the rule or
statute violated;
(5) The potential harm to public
health and safety; and
(6) The deterrent effect upon
other firefighters.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08,
EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 501.03 Revocation.
(a) After notice and opportunity for a hearing,
the commission shall, unless it has just cause to do otherwise as provided in
(c) below, order the revocation of certification for any of the following
reasons:
(1) The certification was
obtained by fraudulent means;
(2) The certificate was issued
through administrative error; or
(3) The person holding
certification is convicted of a felony.
(b) The provisions of Fire 200 shall apply to
hearings held under this subdivision.
(c) The commission shall not order revocation of
a certification if it finds just cause not to do so which includes the charges
against the fire personnel were not proven by a preponderance of the evidence.
Source. #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 600 MANDATORY
STANDARDS AND NOTIFICATION REQUIREMENTS FOR
FIRE SERVICE
PERSONNEL
PART Fire 601 NOTIFICATION
REQUIREMENTS OF ALL APPOINTED FULL-TIME CAREER
FIRE SERVICE
PERSONNEL
Fire 601.01 Fire Department Notification
of Employment.
(a)
The hiring authority shall notify the commission of newly appointed
full-time career fire service personnel within 15 days of the appointment.
(b)
The notice required in (a) above shall be provided using the “Employee
Status Notification – Form A”, updated 2-2017.
(c)
The hiring authority shall certify the notice under penalty of unsworn
falsification under RSA 641:3, as follows: “The above named firefighter
satisfactorily meets the FST Commission’s minimum standards for employment as a
full-time firefighter, and the hiring authority certifies all items in section
9 have been complied with. This form is signed subject to the provisions of RSA
641:3 (Unsworn Falsification).”
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 601.02 Fire Department Notification
of Termination.
(a)
The hiring authority shall notify the commission within 15 days of any
retirement, termination, or resignation.
(b)
The notice required in (a) above shall be provided using the “Employee
Status Change Notification – Form B”, updated 2-2017.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 602 NOTIFICATION
REQUIREMENTS OF ALL FIRE SERVICE PERSONNEL
Fire 602.01 Annual Submittal of Fire
Department Roster of Fire Service Personnel.
(a)
Fire departments shall supply the commission with a current roster of
all fire service personnel
by December 31st
of each calendar year.
(b)
The roster shall contain the following information for each person
comprising the fire department’s fire service personnel:
(1) Full legal name;
(2) Mailing address;
(3) Telephone number;
(4) Date of birth; and
(5) Fire service status, indicating career
full-time, on-call, part-time, paid, or volunteer status.
Source. #12225-B, eff 6-28-17
CHAPTER Fire 700 MANDATORY
STANDARDS FOR APPOINTMENT OF FULL-TIME CAREER FIRE SERVICE PERSONNEL
PART Fire 701 MANDATORY HIRING
STANDARDS
Fire 701.01 Full-time Career Fire
Service Personnel Entrance Requirement.
(a)
Fire departments, state agencies, or private corporations providing
fire/rescue services to the general public and hiring full-time career fire
service personnel employees shall have minimum entrance requirements as
follows:
(1) The candidate shall have a high school
diploma or high school equivalency certificate, general educational
development;
(2) The candidate shall not have been convicted
of a felony under federal law, or the law of this or any other state, province,
territory, country, or military, unless he or she has been pardoned or the
conviction has been annulled; and
(3) The candidate shall be at least 18 years of
age.
(b)
Before the candidate is employed the hiring authority shall conduct or
cause to be conducted a background check to include at a minimum the existence
of a criminal history record and motor vehicle violation history record in New
Hampshire.
(c)
The candidate shall not be employed if the candidate:
(1) Has been discharged from the military service
under other than honorable conditions, where the circumstances, in the opinion
of a reasonable person, would cast doubt on his or her fitness as a fire
service personnel;
(2) Has been convicted of a felony under federal
law, or the law of this or any other state, province, territory or country,
unless he or she has been pardoned or the conviction annulled;
(3) Is applying for a position as a full-time,
career fire service personnel and is not a citizen of the United States;
(4) Has been convicted of a misdemeanor by a
civilian or military court and for which he or she has not received a pardon or
annulment, which offense or the underlying circumstances surrounding the
commission thereof was such that it would cause a reasonable person to doubt
the applicant’s character, honesty or ability;
(5) Has been convicted in a civilian or military
court of more than one misdemeanor or violations for which he or she has not
received a pardon or annulment, and which would indicate to a reasonable person
a pattern of disregard for the law;
(6) Has been convicted in a military or civilian
court in the 10 years immediately before application for hire as a fire service
personnel of a misdemeanor for which he or she has not received a pardon or the
conviction annulled, and which resulted in serious bodily injury to another
person;
(7) Has a history of illegal drug use, illegal
drug manufacture, transport for sale, or sale of a controlled substance that
would cast doubt on his or her ability to perform as a firefighter;
(8) Has had fire certifications revoked from
jurisdictions other than the state of New Hampshire;
(9) Suffers from a mental disorder for which he
or she has not undergone effective rehabilitation, which would affect his or
her ability to perform fire fighting duties;
(10) Has been discharged or allowed to resign in
lieu of termination with other employers for reasons of moral character or
moral turpitude for acts or omissions of conduct that would cause a reasonable
person to doubt the candidate’s honesty or integrity; or
(11) Is found to have a general character and
reputation in the community that a reasonable person would doubt that the
applicant would conduct him or herself with honesty and integrity.
(d)
After written authorization is received from a physician, the candidate
shall pass the physical ability test described in Fire 702, unless the
candidate has been placed in layoff status due to a reduction in force and the
current appointment is by the same hiring authority.
(e)
The candidate shall complete a pre-employment
medical evaluation as outlined in NFPA 1582 (2013 Edition), available as
provided in Appendix B. Based on the
medical evaluation, the hiring authority shall determine the candidate’s
ability to successfully and safely perform essential job tasks, as listed in
NFPA 1582 (2013 Edition), available as provided in Appendix B, without posing a
significant safety or health risk to themselves, members or civilians.
(f)
The candidate shall be orally interviewed by the hiring authority to
determine the candidate’s ability to communicate and how the person represents
him or herself to others.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93; amd
by #6165, eff 1-5-96; ss by #7332, eff 8-1-00; amd by
#7642, eff 1-31-02; ss by #9218, INTERIM,
eff 8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 701.02 Full-time Career Fire
Service Personnel Level of Training Required.
(a)
Full-time career fire service personnel shall, prior to completion of
their first year of appointment, complete the minimum program of study as adopted by the
commission in accordance with Fire 401 and Fire 402. Performance required of the person shall be
in accordance with all applicable sections of Fire 400.
(b)
The requirements of Fire 701.02(a) shall not apply when a full-time
career fire service personnel:
(1) Has previously met the requirements of Fire
701.02(a);
(2) Is placed in lay off status due to a
reduction in force; and
(3) Is hired by a New Hampshire fire department
within one year of the date of the lay off.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff
8-1-00; ss by #7915, eff 7-2-03; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 702 PHYSICAL ABILITY
TESTS REQUIREMENTS
Fire 702.01 Physical Ability Test. The candidate shall pass a physical ability
test, as set forth in the Fire Service Joint Labor Management Wellness/Fitness
Initiative’s “Candidate Physical Ability Test (CPAT)”, 2nd edition,
available as provided in Appendix B, in accordance with the current licensing
agreement to conduct CPAT. The physical
ability test shall be good for 26 months from the time the candidate
successfully completes the CPAT.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #7642, eff 1-31-02;
ss by #8164, eff 9-9-04; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 702.02 Acrophobia Test. Full-time career fire service personnel
shall, within one year of original appointment, complete an acrophobia test.
The firefighter, without stopping for more than 30 seconds, shall climb up and
down an unsupported aerial ladder at an angle of at least 65 degrees but not
more than 75 degrees for a distance of 100 feet as measured from the tip of the
ladder to the ground.
Source. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss and moved by #7642, eff
1-31-02 (formerly Fire 702.12); ss by #8164, eff 9-9-04; ss by #9319-B,
eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 703 TRANSFERS/LAPSE
IN SERVICE
Fire 703.01 Transfers.
(a)
Any full-time career fire service personnel, as defined in Fire 101.17,
and employed by a New Hampshire fire department, as defined in Fire 101.15, may
transfer employment to another fire department.
Said hiring shall meet Fire 701.01(a), Fire 701.01(b), Fire 701.01(c),
Fire 701.01(d), Fire 701.01 (f) and Fire 701.02. The individual shall have
previously completed the requirements of Fire 702.01 or the physical ability
test in effect at the time of original appointment.
(b)
Any full-time career fire service personnel that is placed in lay off
status due to a reduction in force shall have up to 12 months from the date of
lay off to transfer to another fire department.
Source. #7915, eff 7-2-03; ss by #9319-B,
eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 703.02 Lapse in Service.
(a)
The employment eligibility for a full-time career fire service personnel
shall lapse if the employee terminates employment and is not employed as a fire
service personnel within a period of 30 days after such termination.
(b)
If the person who has lapsed is re-employed as a full-time career fire
service personnel after his or her employment eligibility has lapsed, the
hiring authority shall follow the hiring requirements outlined in Fire 701.01
and 701.02
Source. #12225-B, eff 6-28-17
PART Fire 704 WAIVERS
Fire 704.01 Request for Waiver.
(a)
A hiring authority may make a written request to waive any of the
minimum selection, educational, and training
standards for full-time career fire service personnel, except the provisions
contained within Fire 701.01(c). The request shall be made within 30 days of
the employment date for an employment position.
(b)
The request shall specify:
(1) What rule or
rules for which a waiver is requested;
(2) The reason for
waiver request;
(3) The information and signature required on
“Form A” in Fire 601.01;
(4) The current position
description; and
(5) The description of responsibilities relating
to emergency response and mitigation.
(c)
Waiver requests that do not meet the requirements of this rule shall be
returned to the hiring authority with a written explanation. A hiring authority
may resubmit a waiver request but it shall not stay the tolling of the 30 days
set forth in (a) above.
Source. #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 704.02 Determination of Waiver.
(a)
The commission shall grant a request for a waiver if it determines that
the full-time fire service personnel position specified in Fire 704.01 does not
include emergency response and mitigation as its predominant responsibilities.
(b)
The commission shall deny a request for a waiver if:
(1) The request is untimely; or
(2) The commission determines that the fire
service position specified in Fire 704.01 includes emergency response and
mitigation as its predominant responsibilities.
(c)
Anyone aggrieved by a determination by the commission may request that
the commission reconsider any decisions rendered under this part within 30 days
of the original determination.
Source. #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 704.03 Duration of Waiver. When a waiver is granted, it shall only be valid
while the employee granted a waiver in Fire 704.01 is employed in that said
position.
Source. #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 800 ALLEGED CHEATING
INCIDENTS, ALL TESTS
PART Fire 801 ALLEGATIONS OF
CHEATING
Fire 801.01 Students Caught Cheating. Any student caught cheating on any
examination shall have his or her test and training leading to certification
eligibility invalidated and shall forfeit the right to achieve
certification. The student shall be dismissed and not
allowed to complete any other phase of the procedure. The student’s fire department shall be notified
of the incident. This provision is in addition to any other discipline
available under Fire 500.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 801.02 Settlement of Cheating
Complaints. Complaints regarding
allegations of cheating shall be handled as set forth in Fire 200 if the
complaint could result in suspension or revocation of a student’s existing
certification(s).
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 900 COMMISSION
APPROVED ENROLLMENT REQUIREMENTS
PART Fire 901 STUDENT BACKGROUND
REQUIREMENTS
Fire 901.01 Training Program Admittance
Requirements. The commission shall
require persons who are not members of New Hampshire fire departments, state agencies,
or units of government, to have a background check to include, at a minimum,
the existence of a criminal history record in New Hampshire. Any person whose background would disqualify
him or her from attaining certification under Fire 501.03 shall be denied
admittance to commission sponsored programs.
Source. #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
APPENDIX A
RULE |
STATUTE |
|
|
Fire
101.01 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.02 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.03 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.04 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7; RSA 541-A:16, I(a) |
Fire
101.05 |
RSA
21-P:25, II(a) |
Fire
101.06 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.07 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.08 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.09 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7; RSA 541-A:16, I(a) |
Fire
101.10 |
RSA
21-P:25, II(b) |
Fire
101.11 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.12 |
RSA
21-P:12-a |
Fire
101.13 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.14 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.15 |
RSA 21-P:25,
II(c) |
Fire
101.16 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 100-A:1, VIII |
Fire
101.17 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.18 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.19 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.20 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.21 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7; RSA 541-A:16, I(b)—(d) |
Fire
101.22 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.23 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.24 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.25 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.26 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
101.27 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:7 |
Fire
102.01 |
RSA
21-P:26; RSA 541-A:16, I(a) |
Fire
102.02 |
RSA
21-P:25, I; RSA 21-P:26; RSA 21-P:27; RSA 21-P:28; RSA 21-P:29 |
Fire
103.01 |
RSA
541-A:16, I(a); RSA 91-A:4, IV |
Fire
103.01(a) |
RSA
21-P:27, I(e);RSA 541-A:16, I(a); RSA 91-A:4, IV |
|
|
Fire
201.01 |
RSA
541-A:16, I(b) |
Fire
201.02 |
RSA
541-A:16, I(b) |
Fire
201.03 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(j) |
Fire
201.04 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(f) |
Fire
201.05 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(a) |
Fire
201.06 |
RSA
541-A:16, I(b) |
Fire
202.01 |
RSA
541-A:16, I(b) |
Fire
202.02 |
RSA
541-A:16, I(b); RSA 541-A:31, V |
Fire
202.03 |
RSA
541-A:16, I(b); RSA 541-A:31, III |
Fire
202.04 |
RSA 541-A:16, I(b); RSA
541-A:30-a, III(h) |
Fire
202.05 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(b) |
Fire
202.06 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(c) |
Fire
202.07 – 202.09 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(g) |
Fire
202.10 |
RSA
541-A:16, I(b) |
Fire
202.11 |
RSA
541-A:33, I |
Fire
202.12 |
RSA
541-A:33, II |
Fire
202.13 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(d) |
Fire
202.14 |
RSA
541-A:31, VI (c); 541-A:35 |
Fire
202.15 |
RSA
541-A:34-35; 541-A:30-a, III (e) |
Fire
202.16 |
RSA
541-A:16, I(b); RSA 541-A:31, VI |
Fire
202.17 |
RSA
541-A:31,VII; RSA 91-A:4, IV |
Fire
202.18 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(i) |
Fire
202.19 |
RSA
541-A:16, I(b); RSA 541:18 |
Fire
203 |
RSA
541-A:4; RSA 541-A:16, I(c) |
Fire
204 |
RSA
541-A:16, I(d) |
Fire
205 |
RSA
541-A:16, I(b) |
Fire
206 |
RSA
541-A:11, VII |
|
|
Fire
301 |
RSA
541-A:16, I(a) |
|
|
Fire
401.01 - 402.01 |
RSA
21-P:25, I; RSA 21-P:28, I(a) |
Fire
402.02 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 21-P:29, III |
Fire
402.01 |
RSA
21-P:25, I; RSA 21-P:27, II(b) |
Fire
402.03 - 404.05 |
RSA
21-P:25, I; RSA 21-P:28, I(a) |
Fire
405 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 21-P:29, II |
|
|
Fire
501 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 21-P:29, II |
|
|
Fire
601 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 21-P:29, I |
Fire
602 |
RSA
21-P:28, I(c) |
|
|
Fire
701 - 702 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 21-P:29, I |
Fire
703 - 704 |
RSA
21-P:25, I; RSA 21-P:28, I(a) |
|
|
Fire
801.01 |
RSA
21-P:25, I; RSA 21-P:28, I(a) |
Fire
801.02 |
RSA
21-P:25, I; RSA 21-P:28, I(a); RSA 541-A:30 |
|
|
Fire
900 |
RSA
21-P:25, I; RSA 21-P:28, I(a) |
APPENDIX B
MATERIALS INCORPORATED BY REFERENCE
Rule |
Title |
Obtain at: |
Fire
101.18 |
Diagnostic
and Statistical Manual of Mental Disorders of the American Psychiatric
Association, 5th Edition (2013). |
American
Psychiatric Association Publishing 1000
Wilson Boulevard Suite
1825 Arlington,
VA 22209 Phone:
1-800-368-5777 Web site: www.appi.org Ordering
and pricing options: Hardcover
- $210.00 for non-APA members and $168.00 for members; Softcover
- $160.00 for non-APA members and $128.00 for members Membership
information is available at www.psychiatry.org/join-apa |
Fire
301.02 |
Robert’s
Rules of Order, 11th Edition (2011). |
American
Legal Publishing One
West Fourth Street, 3rd Floor Cincinnati,
OH 45202 Telephone:
(800) 445-5588 Fax:
(513) 763-3562 $69.95
CD-ROM, excluding S&H |
Fire
701.01(e) |
National
Fire Protection Assocation (NFPA) 1582, “Standard
on Comprehensive Occupational Medical Program for Fire Departments,” 2013
Edition |
National
Fire Protection Association One
Batterymarch Park Quincy,
MA 02269 Phone:
1-800-344-3555 Web
site: www.nfpa.org Ordering
and pricing options: (1) Softcover
- $32.00 for non-NFPA members and $28.80 for members (2) Online
subscriptions are available at www.nfpacodesonline.org (3) Some
codes can be viewed at www.nfpa.org/aboutthecodes/list
of codes and standards.asp |
Fire
702.01 |
Candidate
Physical Ability Test, International Association of Fire Fighters, Fire
Service Joint Labor Management Wellness/Fitness Initiative, 2d Edition (2007). |
Any
use of the CPAT is only allowed within the terms and conditions spelled out
in a licensing agreement, which must be strictly adhered to by all licensees.
While the IAFF may permit the reproduction and reprinting of the CPAT upon
request, this does not authorize the licensee to reprint or reproduce, in
whole or in part, the CPAT. Specific, written permission is necessary
from the IAFF in order to reprint or reproduce the
CPAT. CPAT license application information is available at http://www.iaff.org/HS/CPAT/CPATApplication/form.htm |