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Document #12225-A, effective 6-28-17, adopted, readopted, readopted with amendments, and repealed rules in Chapter Fire 100 and adopted, readopted, and readopted with amendments rules in Chapter Fire 200, which required extensive renumbering of the former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fire fighter’ in Fire 101.04, “course coordinator” in Fire 101.09, and “training coordinator” in Fire 101.25 were repealed.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