CHAPTER Saf-C 1100 AUTHORITY TO CITE FIRE SAFETY VIOLATORS
Statutory Authority: RSA 21-P:14, II(s)
PART Saf-C 1101 DEFINITION OF TERMS
Saf-C 1101.01 Definitions.
(a) As used in this part, the following terms shall have the following meanings:
(1) "Applicant" means a person wishing to become authorized to issue citations for violation of fire safety rules;
(2) "Citation" means any summons, ticket or other document issued by a person authorized by RSA 21-P:4,VII and the provisions of these rules for a violation of fire safety rules adopted under RSA 153:4-a and RSA 153:5, ordering the person, named in the document, to appear in the court specified in the document;
(3) "Commission" means the New Hampshire fire standards and training commission established under RSA 21-P:26;
(4) "Commissioner" means the commissioner of the department of safety;
(5) "Council" means the New Hampshire police standards and training council established under RSA 188-F:24;
(6) "Fire chief" means the person in charge of a department as defined in RSA 154:1-d, I(e);
(7) "Fire prevention officer" means a person engaged in inspecting buildings or structures for the purpose of determining whether they are safe and in compliance with fire codes and includes a fire inspector or fire marshal;
(8) "Fire investigator" means a person principally engaged in investigating the causes and origins of fires;
(9) "Full-time experience" means a work assignment that is a person's principal source of employment and is on a permanent basis, the number of hours per week having been established by the hiring authority as a full-time work week; and
(10) "Part-time experience" means a work assignment that is less than full-time experience.
Source. #4225, eff 02-10-87, EXPIRED 2-10-93
New. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
PART SAF-C 1102 GENERAL APPLICATION REQUIREMENTS
Saf-C 1102.01 Factors Considered for Citation Authority.
(a) In determining whether to grant citation authority, the commissioner shall review the applicant's application for citation authority, pursuant to Saf-C 1102.02.
(b) The commissioner shall deny an applicant's application for citation authority if he or she has been convicted of any of the following:
(1) A crime against person or property; or
(2) A crime involving the breach of a fiduciary duty.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.02 Application for Citation Authority.
(a) Applicants for authority to issue citations shall submit an application containing the following information:
(1) The name and address of the applicant;
(2) The name and address of the fire department(s) for which the applicant is working or has worked;
(3) A description of the applicant's job duties;
(4) A list of any training programs or courses the applicant has completed;
(5) A description of the applicant's educational background; and
(6) Whether the applicant has ever been arrested or convicted of a crime that has not been annulled by a court.
(b) Applicants shall have at least one year of full-time experience or 2 years of part-time experience as a fire chief, fire inspector, fire prevention officer, fire marshal or fire investigator for a fire department of the state or any political subdivision of the state.
(c) Applicants shall have successfully completed a course, conducted by the council and the commission, as evidenced by the issuance of a certificate, composed of the following elements:
(1) Search and seizure;
(2) Fire safety rules and state codes;
(3) Evidence gathering; and
(4) Procedures for issuing a citation.
(d) Applicants shall have a total point accumulation of a minimum of 100 points, as set forth in paragraph (e) below.
(e) Points shall be accumulated on the following basis:
(1) Successful completion of a fire inspector promotional examination given by a municipality or the commission shall entitle a person to 50 points;
(2) Attainment of an associate, bachelor's or master's degree in fire protection from an accredited higher educational institution shall entitle a person to 100 points;
(3) Current certification by the commission as a fire inspector or fire officer shall entitle a person to 100 points;
(4) Current certification by the council as a part-time or full-time police officer, as defined in Pol 101.30 and Pol 101.24 respectively, shall entitle a person to 100 points; or
(5) Successful completion of a course in fire investigation, fire inspection, or fire codes offered by the New Hampshire technical college, the National Fire Academy, the National Fire Protection Association, the commission, or an accredited institution or organization shall entitle a person to 25 points of each such course.
(f) Applicants shall submit a letter of recommendation or endorsement from the executive office of the department by which the person is employed.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.03 Authorization Granted.
(a) Any person to whom the commissioner grants authority to issue citations shall be issued a letter, indicating such authority, and an identification card.
(b) Authorizations shall be valid for 2 years or until:
(1) Revoked, pursuant to Saf-C 1102.05; or
(2) The person terminates employment with a fire department of the state or any political subdivision of the state.
(c) Any person who has been issued the authorization shall notify the commissioner within 30 days of his or her terminating employment with the department the person was employed by when the authority was issued. Unless the person can prove employment with another fire department and provide the letter of recommendation or endorsement, as set forth in Saf-C 1102.02(f), the person shall turn in the person's letter of authorization and identification card to the commissioner at the time of providing notice.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.04 Renewal of Authorization.
(a) An individual's authority shall be renewed if the individual:
(1) Successfully completes the refresher course, as evidenced by a minimum score of 70 on the final examination; or
(2) Successfully demonstrates continuing education of at least 8 hours annually of subjects listed in (b)(2) below.
(b) For the purposes of (a)(1) above, a refresher course shall:
(1) Be completed within 6 months prior to the expiration date of the person's authorization;
(2) Be composed of the following elements:
a. Review of search and seizure laws and procedures;
b. Review of updates and changes to fire safety rules and state laws;
c. Review of evidence gathering procedures; and
d. Review of procedures for issuing a citation.
(c) A refresher course conducted by the commission and council is deemed to meet the requirements of (b)(2) above.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.05 Power to Remove Authority to Issue Citations.
(a) The commissioner shall, after a hearing, revoke the authority of any person to issue citations for the following reasons:
(1) Failure to turn in the letter of authorization or identification card, pursuant to Saf-C 1102.03(c);
(2) Submission of materially false or misleading information in the person's application;
(3) Misuse or abuse of the citation authority; or
(4) Failure to abide by any provision of these rules.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.06 Refresher Course.
(a) The commissioner shall require any person who has been granted citation authority under these rules to complete a refresher training course:
(1) When the person has evidenced a lack of understanding of the fire safety rules; or
(2) When amendment of the fire safety rules make such a course necessary to keep knowledge of the rules current; or
(3) When the individual has not maintained the continuing education requirement.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
Saf-C 1102.07 Restoration of Authorization.
(a) Any person who has been granted the authority to issue citations under these rules and whose authority has been revoked for termination of employment shall have that authority restored within 2 years of the termination by successfully meeting the following:
(1) Producing evidence of his re-employment as a fire prevention officer, fire chief, fire inspector, fire marshal or fire investigator for the state or any political subdivision of the state;
(2) Meeting the requirements of Saf-C 1102.02; and
(3) Successful completion of a refresher course.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New. #7832, eff 2-22-03
APPENDIX
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Provision of the Proposed Rule |
Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement |
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Saf-C 1101.01 |
RSA 541-A:7 and RSA 541-A:8 |
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Saf-C 1102.01 |
RSA 21-P:14, II(s), RSA 21-P:4, VII and RSA 153:4-A, IV |
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Saf-C 1102.02(a) |
RSA 541-A:16, I(b)(1) |
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Saf-C 1102.02(b)-(f) - Saf-C 1102.04 |
RSA 21-P:14, II(s), RSA 21-P:4, VII and RSA 153:4-A, IV |
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Saf-C 1102.05 |
RSA 21-P:14, II(s), RSA 21-P:4, VII, RSA 153:4-A, IV and RSA 541-A:16, I(b)(2) |
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Saf-C 1102.06 and Saf-C 1102.07 |
RSA 21-P:14, II(s), RSA 21-P:4, VII and RSA 153:4-A, IV |