STATE FIRE MARSHAL

Department of Safety

James H. Hayes Bldg.

33 Hazen Drive

Concord, NH  03305

Tel. # (603) 271-3294

 

CHAPTER Saf-C 6000  STATE FIRE CODE

 

Statutory Authority:  RSA 153:5; RSA 153:10-a, III; RSA 153:14, IV; and RSA 158:28, V(a)

 

REVISION NOTE:

 

NOTICE OF EXEMPTION FROM RSA 541-A

 

Chapter Saf-C 6000 titled “State Fire Code”  was subject to RSA 541-A until 2012, 242:5 and 242:20, effective 6-18-12, respectively amended RSA 153:5, I and adopted RSA 541-A:21, I(ff) to create an exemption from RSA 541-A for the State Fire Code.  The existing rules in Saf-C 6000 which were subject to RSA 541-A were last filed under Document #10058, effective 12-23-11.

 

Pursuant to 2012, 242:5, RSA 153:5, I was amended to read:

 

I. Notwithstanding RSA 21-G:9, II(b), the fire marshal, with the board of fire control, may adopt rules with the approval of the commissioner of safety, which shall be exempt from RSA 541-A, to amend the state fire code described in RSA 153:1 to the extent the board deems such amendments are necessary, provided that any such amendments are ratified by the adoption of appropriate legislation within one year of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the one-year period.

 

2012, 242:21, effective 6-18-12, stated that:

 

242:21 Transfer of Rulemaking Authority Relative to State Fire Code. Existing rules known as the state fire code and adopted under RSA 541-A and RSA 153:5 prior to the effective date of this act shall remain in effect until they expire or are amended, superseded, or repealed by the adoption of rules in accordance with RSA 153:5, I as amended by section 5 of this act.

 

The rules filed under Document #10058 will remain effective to 12-23-19, unless the Fire Marshal, with the Board of Fire Control, uses their own procedures under RSA 153:5, I before that date to amend, supersede, or repeal the provisions of Saf-C 6000.  But those rule changes must be ratified by the legislature within one year after the adoption of such changes, or those changes will expire at the end of the one-year period.  The rules as filed under Document #10053 may therefore no longer be accurate, and questions for the latest version should be directed to the State Fire Marshal and the Board of Fire Control.

 

PART Saf-C 6001  DEFINITIONS

 

          Saf-C 6001.01  “ANSI” means the American National Standards Institute.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; amd by #5765, eff 12-28-93; ss by #6339, eff 9-25-96; amd by #7052, eff 7-2-99; amd by #7892, eff 5-21-03; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11

 

          Saf-C 6001.02  “Approved” as used in these rules and codes adopted by reference means:

 

          (a)  Determined to be acceptable by the state fire marshal;

 

          (b)  Installed in accordance with all applicable provisions of the code adopted; and

 

          (c)  In reference to appliances, that they have been tested and found suitable for installation and use by a nationally recognized laboratory acceptable to the state fire marshal.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.03  “Approved detection system” means a combination of smoke and heat detectors providing detection in occupied rooms and designated hazardous areas of the building.  Detectors are interconnected electrically and the entire system is electrically monitored and has a battery back-up system.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.04  “Automatic fire warning device” means “automatic fire warning device” as defined in RSA 153:1, I.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.05  “Authority having jurisdiction” as used in any code adopted by reference means the state fire marshal, unless the state fire marshal has delegated such authority to the local fire official.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.06  “Commissioner” means the commissioner of the New Hampshire department of safety.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.07  “Code official” as used in any code adopted by reference means the state fire marshal, unless the state fire marshal has delegated such authority to the local fire official.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.08  “Cultural properties” means buildings, structures or sites, or portions thereof, that are culturally significant, or that house culturally significant collections.  Such properties include but are not limited to museums, libraries, historic structures, and places of worship.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.09  “Exception” means the inapplicability of a specific rule to a specific set of circumstances.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.10  “Local fire official” means the fire chief of the applicable jurisdiction, or his/her designee.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.11  “Multi-unit dwelling” means “multi-unit dwelling” as defined in RSA 153:1, VI.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.12  “NFPA” means the National Fire Protection Association.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.13  “State Fire Code” means the compilation of all rules inclusive in Saf-C 6000.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.14 “State fire marshal” means the state fire marshal of the state of New Hampshire.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.15  “State fire marshal’s office” means the state fire marshal, any of his deputies, fire investigators, fire inspectors or authorized agents.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.16  “Unvented space heater” means a heating device either wick, wickless or potburner, which uses gas, oil or kerosene oil as fuel, and is either stationary or portable and the products of combustion of which are not directly conducted to the outside of the building via a chimney connector pipe. The term includes “vent free”.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.17  “Rental unit” means “rental unit” as defined in RSA 153:1, IX-a.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.18  “Variance” means an alternative to strict code compliance.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6001.19  Statutory Definition.  Any term used in the state fire code that is not defined in the text or in this part shall be defined as in RSA 153, if applicable.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6002  DESCRIPTION OF FIRE MARSHAL’S OFFICE

 

          Saf-C 6002.01  State Fire Marshal.  The state fire marshal shall be responsible for:

 

          (a)  The enforcement of all applicable state laws pursuant to RSA 153:4-a; and

 

          (b)  Ensuring that the following functions are performed by the appropriate personnel in the state fire marshal’s office:

 

(1)  Approve or disapprove, and grant exemptions from fire safety regulations promulgated by any state agency to the extent authorized by RSA 153:4-a, I;

 

(2)  Certify private firefighting units pursuant to RSA 153:4-a, I;

 

(3)  Assist counties, cities, towns, village districts and precincts in supervising and enforcing local ordinances relative to:

 

a.  The prevention of fires;

 

b.  The storage, sale and use of combustibles;

 

c.  The installation and maintenance of fire alarm and fire extinguishing equipment;

 

d.  The construction, maintenance and regulation of fire escapes;

 

e.  The means and adequacy of exits from places of assembly;

 

f.  The investigation of the cause of fires; and

 

g.  The storage and handling of flammable liquids and gases;

 

(4)  Coordinate the activities of the state fire marshal’s office with those of other state and local agencies and officials responsible for developing or enforcing fire safety regulations pursuant to RSA 153:4-a, II;

 

(5)  Assist, advise and counsel officials responsible for the enforcement of fire safety regulations and assist them in the organization and efficient operation of fire departments pursuant to RSA 153:4-a, II;

 

(6)  Coordinate state services during an accident involving the transportation of hazardous material;

 

(7)  Assume the duties of the fire officer-in-charge at an accident involving the transportation of hazardous material when requested by the fire officer-in-charge or if in the best interest of public safety pursuant to RSA 153:4-a, III;

 

(8)  Grant exemptions and variances to rules he or she deems necessary for the protection from fire and fire hazards and for the general welfare of property and people within the state;

 

(9)  Approve or disapprove all plans for construction or revision of all state buildings and properties as to compliance with fire safety measures pursuant to RSA 153:8-a, I(a);

 

(10)  Enforce and grant exemptions to the life safety code, NFPA 101, as authorized by RSA 153:4-a, RSA 153:5 and RSA 153:8-a, I(c);

 

(11)  Enforce the provisions of RSA 153:10-a relative to automatic fire warning devices;

 

(12)  Investigate fires of suspicious origin and seeking to arrest and prosecute those responsible pursuant to RSA 153:11;

 

(13)  Notify insurance companies believed to have an interest in fire loss property, as an insurer pursuant to RSA 153:13-a, III;

 

(14)  Inspect all buildings or premises and order the correction of fire hazardous conditions pursuant to RSA 153:14, II;

 

(15)  Control the sale of dangerously flammable fabrics pursuant to RSA 153:14-a;

 

(16)  Approve or disapprove plastic containers as specified in NFPA 30 designed for the storage of flammable liquids offered for sale in this state pursuant to RSA 153:16-a;

 

(17)  Investigate complaints alleging that local ordinances relating to fire safety measures are not being fully complied with and enforce such ordinances when such complaints are substantiated pursuant to RSA 153:17;

 

(18) Whenever he or she deems it advisable, investigate any fire in which property is endangered, damaged or destroyed and conduct hearings pursuant to Saf-C 200 into the causes, circumstances and origin thereof pursuant to RSA 153:18;

 

(19)  At the request of any fire chief, enter and inspect any building or premises to the extent authorized by RSA 153:21, for the purpose of determining the existence of any violations of RSA 153, rules adopted by the commissioner, or local law or ordinances relating to fire protection;

 

(20)  Keep and maintain a record of all fires occurring in the state and of all facts concerning those fires pursuant to RSA 153:22;

 

(21)  Upon request, give assistance in coordinating the service of fire departments giving mutual aid in the extinguishment of fires pursuant to RSA 154:30;

 

(22)  If petitioned, call the first organizational meeting of a newly forming mutual aid system pursuant to RSA 154:30-a and 154:30-b;

 

(23)  Render advice, recommendations and assistance to any district fire mutual aid system pursuant to RSA 154:30-c, III;

 

(24)  Provide for periodic safety inspections of all occupied public buildings owned by the state pursuant to RSA 155-A:4;

 

(25)  Inspect all New Hampshire youth development center facilities to insure compliance with fire safety rules as set forth in RSA 621:8;

 

(26)  Establish a program to promote fire safety education and reduce fire loss by encouraging fire-safe practices throughout the state pursuant to RSA 153:10-c;

 

(27)  Regulate liquid propane gas pipeline safety, except propane gas pipelines regulated by the public utilities commission;

 

(28)  Investigate the cause of all fires with death resulting;

 

(29)  Investigate the cause of all structural building collapses with death resulting;

 

(30)  Investigate the cause of all incidents involving the release of carbon monoxide, other than from a motor vehicle, with death resulting;

 

(31)  Investigate the cause of structural building collapses;

 

(32)  Investigate the cause of incidents involving the release of carbon monoxide, other than from a motor vehicle;

 

(33)  Administer the electrical safety and licensing program pursuant to RSA 319-C;

 

(34)  Administer the voluntary heating certification program pursuant to RSA 153:16-b;

 

(35)  Administer the voluntary fire equipment certification program pursuant to RSA 153:5-a;

 

(36)  Administer the gas fitters licensing program pursuant to RSA 153:27;

 

(37)  Administer the plumbing licensing program pursuant to RSA 329-A;

 

(38)  Administer the modular building program pursuant to RSA 205-C;

 

(39) Perform building code enforcement for communities without a local building code enforcement mechanism pursuant to RSA 155-A;

 

(40)  Administer the lightning rod licensing program pursuant to RSA 323;

 

(41)  Administer the permissible fireworks program pursuant to RSA 160-C;

 

(42) Administer the licensing and permit requirements associated with the display of pyrotechnics before a proximate audience pursuant to RSA 153:5-c; and

 

(43)  Perform such other functions as necessary to comply with RSA 153 or any other statutes.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; amd by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6002.02  Scope.  Nothing contained in Saf-C 6002.01 shall be construed as altering any duty imposed by applicable state law.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6002.03  Deputy Fire Marshals.

 

          (a)  Deputy fire marshals, under the direction of the state fire marshal, shall supervise:

 

(1)  The inspection of buildings; and

 

(2)  The investigation of fires and enforcement of state statutes, local ordinances and administrative rules dealing with fire prevention.

 

          (b)  In the absence of the state fire marshal, a designated deputy fire marshal shall assume responsibility for all activities and all duties assigned to the state fire marshal’s office by statute.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6002.04  Fire Investigators/Fire Inspectors.

 

          (a)  Fire investigators and fire inspectors, under the direction of the state fire marshal and under the supervision of the deputy fire marshals, shall:

 

(1)  Investigate fires, structural building collapses and incidents involving the release of carbon monoxide, other than from a motor vehicle, in accordance with procedures established by the state fire marshal;

 

(2)  Inspect state owned and other buildings in accordance with procedures established by the state fire marshal;

 

(3)  Assist local fire officials in the promulgation and enforcement of local fire codes;

 

(4)  Review architectural and engineering plans and specifications for compliance with the state fire code; and

 

(5)  Perform such other duties as directed by the state fire marshal or his deputy fire marshals.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; amd by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6003  AVAILABILITY OF CODES ADOPTED BY REFERENCE

 

          Saf-C 6003.01  NFPA Codes and Standards.  Copies of NFPA codes and standards adopted by reference shall be available for research at the office of the state fire marshal and may be purchased through the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, Massachusetts, 02269 or www.nfpa.org.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6004  APPLICABILITY

 

          Saf-C 6004.01  Scope.

 

          (a)  The state fire code shall apply in full force and effect in all state owned property and in all political subdivisions of the state.

 

          (b)  The state fire marshal shall determine whether any local law or ordinances and their application and enforcement are less comprehensive or less protective of the public safety, and if so,  the state fire code shall apply.

 

          (c)  Any person aggrieved by a determination from the state fire marshal pursuant to (b) above shall be entitled to a hearing in accordance with Saf-C 6006.01.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6005  EXCEPTIONS AND VARIANCES

 

          Saf-C 6005.01  Availability.  The state fire marshal shall grant exceptions or variances to the state fire code to the extent that such action will provide a degree of safety substantially equivalent to that provided under the provisions for which the exception or variance is granted.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6005.02  Permits.

 

          (a)  Unless a provision is contained herein for the issuance of permits required by any code adopted by reference no such permits shall be required by the state fire marshal.

 

          (b)  Nothing in this section shall be construed as preventing local fire officials from instituting permit procedures for codes adopted in their jurisdictions.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6005.03  Requests for Variances or Exceptions.

 

          (a)  Any person requesting a variance or exception pursuant to this part shall make application on form DSFM 129 and submit it to:

 

“State Fire Marshal

Department of Safety

Bureau of Fire Safety

James H. Hayes Building

33 Hazen Drive

Concord, NH 03305”

 

          (b)  Form DSFM 129 shall contain the following detailed information:

 

(1)  Request for variance or exception, which shall specify the code or rule provision involved, and the nature and extent of the relief requested;

 

(2)  Reason for the request for variance or exception;

 

(3)  Address and description of the structure(s) for which relief is requested;

 

(4) A detailed description, including architectural or engineering plans, of the structure, equipment or process that will be affected by the variance or exception, if approved;

 

(5)  A detailed explanation of how the variance or exception, if approved, will provide a degree of safety substantially equivalent to that required by the code or rule provision involved;

 

(6)  Name and address of applicant; and

 

(7)  Signature of applicant.

 

          (c)  The applicant shall forward the local fire department a copy of form DSFM 129.

 

Source.  #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6005.04  Consideration of Variances or Exceptions.

 

          (a)  The state fire marshal shall:

 

(1)  Consider all applications filed pursuant to Saf-C 6005.03, and

 

(2)  Render a decision as to the disposition of the application, based upon the criteria set forth in Saf-C 6005.03(b).

 

          (b)  The state fire marshal’s decision shall be forwarded to the applicant in writing, and include:

 

(1)  When the variance or exception is granted:

 

a.  The extent of the variance or exception, which shall cite the code or rule provision(s), involved;

 

b.  Any limitations placed on the variance or exception;

 

c.  The effective date and/or termination date, if applicable; and

 

d.  Address or other identification of the structure(s) involved;

 

(2)  When the variance or exception is denied:

 

a.  Statement of the variance or exception requested which shall cite the code or rule provision(s) involved;

 

b.  Reason for the denial of the variance or exception; and

 

c.  Any other information the state fire marshal deems necessary; and

 

(3)  Signature of state fire marshal.

 

          (c)  When an application is granted in part and denied in part, the decision shall conform to the provisions of this section relevant to each type of action.

 

          (d)  Any person aggrieved by a denial of an application for a variance or exception, may within 20 days following written notice, apply for a hearing with the state building code review board, pursuant to Bcr 200.

 

Source.  #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6006  HEARINGS

 

          Saf-C 6006.01  Use of Department Procedures.  Unless otherwise provided herein, all hearings conducted by the state fire marshal’s office shall be in accordance with Saf-C 200.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6007  FIRE INCIDENT REPORTING

 

          Saf-C 6007.01  New Hampshire Fire Incident Reporting System (NHFIRS).

 

          (a)  All incidents that are required to be reported pursuant to RSA 153:11 shall be reported using the New Hampshire fire incident reporting system (NHFIRS) via an approved electronic record.

 

          (b)  Incident data shall be electronically submitted to the state fire marshal’s office no later than the 15th of the month for incidents occurring in the previous month. For example, all incidents occurring in the month of January are due no later than February 15th.

 

          (c)  All incident data reported electronically to the state fire marshal’s office shall be submitted in a format approved by the state fire marshal.

 

          (d)  Any fire department that does not have any reportable incidents in a given month shall notify the state fire marshal’s office of that fact via e-mail or other method approved by the state fire marshal.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6007.02  Required Data Elements.

 

          (a)  Third party software used to submit data pursuant to NHFIRS shall be listed by the United States Fire Administration on its web site: www.nfirs.fema.gov.

 

          (b)  All incident data submitted shall contain all the data elements identified in the NHFIRS version 5.0 design documentation manual published by the United States Fire Administration and found on its web site: www.nfirs.fema.gov. and comply with its specifications.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6008  BUILDING SAFETY

 

          Saf-C 6008.01  Adoption of Fire Prevention Code.

 

          (a)  All persons constructing, reconstructing, modifying, maintaining or operating any structure and all owners or occupants of existing structures or premises shall comply with the requirements of NFPA 1, “Fire Code”, 2009 edition (NFPA 1), except as modified in Saf-C 6008.02.

 

          (b)  All persons installing, modifying, operating or maintaining equipment or processes that are regulated under the provisions of NFPA 1 shall comply with the requirements of NFPA 1, except as modified in Saf-C 6008.02.

 

          (c)  All persons processing, handling or storing materials that are regulated under the provisions of NFPA 1 shall comply with the requirements of NFPA 1, except as modified in Saf-C 6008.02.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; amd by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.02  Exceptions to Fire Prevention Code.

 

          (a)  The following sections of  NFPA 1 shall be excluded from incorporation pursuant to these rules:

 

(1)  Section 1-10 Board of Appeals;

 

(2)  Section 1-13  Certificates of Fitness;

 

(3)  Section 10.15.11  Crop Maze;

 

(4)  Section 65.2  Fireworks Displays;

 

(5)  Section 65.11.3  Permit Requirements;

 

(6)  Section 65.11.4.4.2  Multiple Tenant Buildings; and

 

(7)  Section 65.11.5.1.1; 65.11.5.1.1.(1); 65.11.5.1.1 (2) General.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.03  Modifications to Fire Prevention Code.

 

          (a)  Section 13.3.2.18.1 of NFPA 1 shall be amended to insert the following exception:

 

“Exception:  Detached one and 2-family dwellings are exempt from the automatic fire sprinkler requirements as set forth in 13.3.2.18.1.”

 

          (b)  Section 65.11.3.6 of NFPA 1 shall be amended to read as follows:

 

“65.11.3.6  Automatic Sprinkler Systems.  An approved automatic sprinkler system shall be installed in all permissible firework sales facilities also known as consumer retail fireworks sales (CRFS) facilities and the required system shall be designed to Extra Hazard Group 1 in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems”.

 

          (c)  Sections 65.11.3.9, 65.11.5.3.1 and 65.11.5.3.2 of  NFPA 1 shall be replaced with the following:

 

“65.11.3.9 Fire Alarm.  A fire alarm system shall be provided in all permissible fireworks retail sales facilities.  The fire alarm system shall include a public address system and a means for manually activating audible and visible alarm indicating devices located throughout the facility in accordance with NFPA 72, National Fire Alarm and Signaling Code, and shall be provided at a constantly attended location when the facility or store is occupied.”

 

          (d)  Section 13.6.2 of NFPA 1 shall be amended to read as follows:

 

“13.6.2  Where Required.  Fire extinguishers shall be provided where required by this code as specified in Table 13.6.2 and the referenced codes and standards listed in Chapter 2. In new construction, the required fire extinguishers shall be electronically monitored in accordance with 13.6.9.1.5.  Exception:  The electronic monitoring of the fire extinguishers shall not apply in occupancies that do not require a fire alarm system”.

 

          (e)  Section 7.1.1 and Section 7.1.2 of  NFPA 1141, “Standard for Fire Protection Infrastructure for Land Development in Suburban and Rural Areas”, 2008 edition (NFPA 1141), incorporated as a document in NFPA 1, shall be amended to insert the following exception:

 

“(1)  7.1.1  Exception:  Detached one and 2-family dwellings are exempt from the automatic fire sprinkler requirements as set forth in 7.1.1.”

 

“(2)  7.1.2 Exception:  Detached one and 2-family dwellings are exempt from the automatic fire sprinkler requirements as set forth in 7.1.2”.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; amd by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.04  Adoption of Life Safety Code.  All persons constructing, reconstructing, modifying, maintaining or operating any structure and all owners or occupants of existing structures or premises shall comply with the requirements of NFPA 101, “Life Safety Code”, 2009 edition (NFPA 101), except as modified in Saf-C 6008.05.

 

Source.  #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss and moved by #8180, eff 9-23-04 (from Saf-C 6008.03); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.05  Modifications to Life Safety Code.

 

          (a)  Section 14.7.2.3 and Section 15.7.2.3 of NFPA 101 shall be amended to read as follows:

 

          “Emergency egress and relocation drills shall be conducted as follows:

 

(1)  At least one emergency egress and relocation drill shall be conducted every month the facility is in session, including summer school;

 

a.  Exception No. 1:  In climates where the weather is severe, the monthly emergency egress and relocation drills shall be permitted to be deferred provided that the required number of emergency egress and relocation drills is achieved and at least 4 are conducted before the drills are deferred; and

 

b.  Exception No.2:  With the approval of the local fire official and in concert with RSA 189:64, no more than 2 of the required emergency egress and relocation drills may be eliminated and replaced by drills that test emergency response to hazards such as earthquakes, hurricanes, floods, bomb threats, and domestic terrorism.  No required emergency egress and relocation drills shall be replaced by hazard drills unless an emergency response plan is submitted to the local fire official and the New Hampshire Office of Emergency Management;

 

(2)  All occupants of the building shall participate in the drill; and

 

(3)  One additional emergency egress and relocation drill, other than for educational occupancies that are open on a year-round basis, shall be required within the first 30 days of operation”.

 

          (b)  Section 14.3.2.4 and Section 15.3.2.4 of NFPA 101 shall be amended by adding the following:

 

(7)  “Dispensers installed over carpeted floors in non-sprinklered rooms and spaces shall be permitted, provided that there is an impervious, non-combustible surface of at least two feet by two feet in size installed directly below each dispenser that has been permanently affixed to the floor of the structure”.

 

          (c)  Section 18.3.2.6(5) of NFPA 101 shall be amended to read as follows:

 

(5)  “Not more than an aggregate of 10 gal (37.8L) of alcohol-based rub solution or 1135 oz (32.2 kg) of Level I aerosols, or a combination of liquids and level I aerosols not to exceed, in total, the equivalent of 10 gal (37.8L) or 1135 oz (32.2 kg), shall be in use outside of a storage cabinet in a single smoke compartment except as otherwise provided in 18.3.2.6(6)”.

 

          (d)  Section 18.3.2.6(6) of NFPA 101 shall be amended to insert a new section 18.3.2.6(6) and renumber the existing sections 18.3.2.6(6) through 18.3.2.6(8) accordingly as sections 18.3.2.6(7) through 18.3.2.6(9), to read as follows:

 

(6)  “One dispenser complying with 18.3.2.6(2) or (3) per room and located in that room shall not be included in the aggregate quantity addressed in 18.3.2.6(5)”.

 

          (e) Section 19.3.2.6(5) of NFPA 101 shall be amended to read as follows: 

 

(5)  “Not more than an aggregate of 10 gal (37.8L) of alcohol-based rub solution or 1135 oz (32.2 kg) of Level I aerosols, or a combination of liquids and level I aerosols not to exceed, in total, the equivalent of 10 gal (37.8L) or 1135 oz (32.2 kg), shall be in use outside of a storage cabinet in a single smoke compartment except as otherwise provided in 19.3.2.6(6)”.

 

          (f) Section 19.3.2.6(6) of NFPA 101 shall be amended to insert a new section 19.3.2.6(6) and renumber the existing sections 19.3.2.6(6) through 19.3.2.6(8) accordingly as sections 19.3.2.6(7) through 19.3.2.6(9), to read as follows:

 

(6)  “One dispenser complying with 18.3.2.6(2) or (3) per room and located in that room shall not be included in the aggregate quantity addressed in 19.3.2.6(5)”.

 

          (g)  Section 24.2.5.1 of NFPA 101 shall be amended to read as follows:

 

(1)  “Section 24.2.5.1 Stairs ramps, guards and handrails shall be in accordance with 7.2.2 for stairs, 7.2.2.4 for guards and 7.2.5 for ramps, as modified by 24.2.5.1.1 through 24.2.5.1.7.”

 

          (h)  Section 24.2.5 of NFPA 101 shall be amended to insert new sections 24.2.5.1.4, 24.2.5.1.5, 24.2.5.1.6 and 24.2.5.1.7 to read as follows:

 

(1)  “Section 24.2.5.1.4  Riser heights not exceeding 209 mm (8 1/4 in) and tread depths of not less than 229mm (9 in.) shall be permitted for stairs in new construction;”

 

(2)  “Section 24.2.5.1.5 Porches, balconies or raised floor surfaces located more than 762 mm (30 in.) above the floor or grade below shall have guards not less than 914mm (36 in.) in height. Open sides of stairs with a total rise of more than 762mm (30 in.) above the floor or grade below shall have a guard not less than 864mm (34 in.) in height measured vertically from the nose of the treads;”

 

(3)  “Section 24.2.5.1.6  Handrails shall be permitted to be on one side of the stairs in new construction when the stair width is 965mm (38 in.);” and

 

(4)  “Section 24.2.5.1.7  New handrails shall be installed to provide a clearance of not less than 2 ¼ inches (57mm) between the handrail and the wall to which it is fastened.”

 

          (i)  Section 24.3.4.3 of NFPA 101 shall be amended to insert new section 24.3.4.4 to read as follows:

 

(1)  “Section 24.3.4.3  Exception. When housing up to 3 outsiders in rental rooms, section 24.3.4.1 (1), (2) and (3) shall apply and smoke alarms shall be interconnected 120 volts electrically powered with battery back up”.

 

          (j)  Section 30.2.2.3.1 and Section 31.2.2.3.1 of NFPA 101 shall be amended to insert the following exception:

 

(1)  “Exception:  Within any individual dwelling unit stairs complying with Section 24.2.5.1 as amended shall be permitted.”

 

          (k)  Section 36.4.4.4.3.2 of NFPA 101 shall be amended, by removing the section.

 

          (l)  Section 24.3.5.1 of NFPA 101 shall be amended to insert the following exception:

 

“24.3.5.1  Exception:  Detached one and 2-family dwellings are exempt from the automatic fire sprinkler requirements as set forth in 24.3.5.1”.

 

Source.  #6339, eff 9-25-96; ss by #7052, eff 7-2-99; rpld by #7892, eff 5-21-03; rpld by #8013, eff 12-19-03; ss and moved by #8180, eff 9-23-04 (from Saf-C 6008.04); ss by #8554, eff 1-26-06; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.06  Adoption of Sprinkler Code.  All persons installing, modifying, repairing or altering a sprinkler system or any of its appurtenances shall comply with the requirements of NFPA 13, “Standard for the Installation of Sprinkler Systems”, 2010 edition (NFPA 13).

 

Source.  #6339, eff 9-25-96; ss by #7052, eff 7-2-99; rpld by #8013, eff 12-19-03; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.07  Adoption of Fire Alarm Code.  All persons, installing, modifying, repairing, altering or maintaining a fire alarm system or any of its appurtenances shall comply with the requirements of NFPA 72, “National Fire Alarm and Signaling Code”, 2010 edition (NFPA 72).

 

Source.  #6339, eff 9-25-96; ss by #7052, eff 7-2-99; rpld by #7892, eff 5-21-03; ss and renumbered by #8180, eff 9-23-04 (from Saf-C 6008.09); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6008.08  Adoption of Code for Fire Protection of Historic Structures.

 

          (a)  Pursuant to RSA 153:5, the commissioner hereby adopts as rule NFPA 914 Code for Fire Protection of Historic Structures, 2001 edition.

 

          (b)  All persons renovating, modifying, maintaining or operating any historic structure and all owners or occupants of historic structures shall comply with the requirements of NFPA 914.

 

Source.  #7052, eff 7-2-99; rpld by #8013, eff 12-19-03; ss and renumbered by #8180, eff 9-23-04 (from Saf-C 6008.10) (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6009  FLAMMABLE AND COMBUSTIBLE MATERIALS

 

          Saf-C 6009.01  Adoption of Fuel Code.  All persons installing, repairing, maintaining or operating fuel gas piping systems, fuel gas utilization equipment and related accessories shall comply with the requirements of NFPA 54, “National Fuel Gas Code”, 2009 edition (NFPA 54).

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; amd by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6009.02  Adoption of Automotive and Marine Service Station Code.  All persons owning or operating automotive and marine service stations shall comply with the requirements of NFPA 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages”, 2008 edition (NFPA 30A), except as modified in Saf-C 6009.03.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; amd by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6009.03  Modification to Code for Motor Fuel Dispensing Facilities and Repair Garages.

 

          (a)  Section 9.4.5 of NFPA 30A shall be amended to read: “At attended self-service motor fuel dispensing facilities, coin- and currency-type devices shall be prohibited”.

 

          (b)  Section 6.3.8 of NFPA 30A shall be amended to read:  “At unattended self-service motor fuel dispensing facilities, coin- and currency-type devices shall be prohibited.”

 

          (c)  Section 9.5.6, of NFPA 30A shall be amended to read: “An approved automatic fire suppression system shall be installed to protect all pump and dispensing areas in all new unattended self-service stations.  Activation of the automatic fire suppression system will automatically transmit an alarm to an alarm receiving point approved by the local fire official.  A manual fire alarm station that transmits an alarm to the approved alarm receiving point shall be located in immediate proximity to the emergency electrical disconnect specified in Section 6.7.2.”

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6009.04  Adoption of Compressed Natural Gas Code.  All persons storing or handling compressed natural gas for engine fuel systems on vehicles of all types, or constructing facilities for the storage or handling of said gas shall comply with the requirements of NFPA 52, “Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems”, 2010 edition (NFPA 52).

 

Source.  #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6010  ELECTRICAL INSTALLATIONS

 

          Saf-C 6010.01  Compliance Required.  All persons constructing, repairing or modifying electrical wiring systems in any structure shall comply with this chapter and the electrical code in Bcr  307.01(a)(1) unless granted an exception or variance by the state fire marshal pursuant to Saf-C 6005.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6010.02  Adoption of Electrical Equipment for Industrial Machinery Code.  All persons installing, modifying, repairing or maintaining electrical equipment for industrial machinery shall comply with the requirements of NFPA 79, “Electrical Standard for Industrial Machinery”, 2007 edition (NFPA 79).

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6011  HEATING DEVICES COMPLIANCE

 

          Saf-C 6011.01  Compliance Required.

 

          (a)  All persons installing, causing to be installed, modifying, repairing or maintaining oil burning equipment shall comply with the requirements of NFPA 31, “Standard for the Installation of Oil Burning Equipment”, 2006 edition (NFPA 31), except as modified in Saf-C 6012.02.

 

          (b)  All persons constructing, installing, maintaining or repairing chimneys, fireplaces, solid fuel burning appliances or vents in any structure shall comply with the requirements of NFPA 211, “Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, 2010 edition (NFPA 211)”.

 

          (c)  All persons testing, selling, purchasing, installing or using unvented space heaters or storing fuel for said heaters shall comply with all applicable provisions of RSA 158:28 and Saf-C 6014.

 

          (d)  All persons installing, causing to be installed, modifying, maintaining or repairing gas fired equipment shall comply with the requirements of NFPA 58, incorporated as a document in NFPA 1, and NFPA 54.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96 ; ss by #8180, eff 9-23-04; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6012  OIL BURNING EQUIPMENT

 

          Saf-C 6012.01  Adoption of Oil Burning Equipment Code.  All persons installing, causing to be installed, modifying, repairing or maintaining oil burning equipment shall comply with the requirements of NFPA 31, except as modified in Saf-C 6012.02.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6012.02  Compliance Required.

 

          (a)  When an oil supply or return line is installed within buildings under concrete, sub-floors, or earth surfaces the line shall:

 

(1)  Be continuous from the burner to the tank; and

 

(2)  Not contain any splices.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6012.03  Oil Permit Approval Process.

 

          (a)  Any person requesting to install a fuel oil burner shall make application on form DSFM 7, as set forth in Saf-C 6012.04, for a permit to the local fire official in the locality in which the fuel oil burner is to be installed, or if none, to the state fire marshal’s office.

 

          (b)  Upon receipt of an application for the installation of an oil burner, the local fire official or the state fire marshal’s office shall issue a temporary permit authorizing such installation.

 

          (c)  Upon completion of the installation, the installer shall notify the local fire official or the state fire marshal’s office and request a final inspection of the oil burner installation. If all applicable provisions of NFPA 31 and Saf-C 6012 are in compliance, the local fire official or the state fire marshal’s office shall issue a permit to operate oil burning equipment.  The completed permit, signed by the local fire official or the state fire marshal’s office, shall constitute approval to operate the oil burning equipment.  The local fire official or the state fire marshal’s office may require the installer to be present during the final inspection of any oil burning equipment for the purpose of testing the oil burner’s safety and controls.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; amd by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6012.04  Oil Burner Permits.

 

          (a)  Any oil burner permit issued by a local fire official or the state fire marshal’s office pursuant to Saf-C 6012.03 shall be on form DSFM 7,  furnished by the state fire marshal’s office.  Form DSFM 7 may be replicated by local fire officials.

 

          (b)  The applicant shall provide the following on form DSFM 7:

 

(1)  Information relative to the location of the oil burning equipment, including:

 

a.  Address;

 

b.  Type of occupancy and number of stories;

 

c.  Name and address of owner; and

 

d.  Name of building occupant;

 

(2)  Information relative to the type of equipment, including:

 

a.  Make and serial number of the burner; and

 

b.  Size and location of the tank;

 

(3)  Name, address and telephone number of installer, including business name; and

 

(4)  Date and signature of owner or installer.

 

          (c)  The local fire official or the state fire marshal’s office shall provide the following on form DSFM 7:

 

(1)  At the oil burner equipment installation stage:

 

a.  Notification that the form signed by the local fire official or the state fire marshal’s office may be used as a temporary permit to install the        equipment at the location stated in the application:

 

b.  Permit number; and

 

c.  Date and signature of local fire official or state fire marshal’s office; and

 

(2)  At the oil burner equipment operation stage:

 

a.  Notification that a permit signed by the local fire official or the state fire marshal’s office has been granted to operate the oil burning equipment, after having been inspected and found to be in compliance with Saf-C 6012; and

 

b.  Date and signature of local fire official or state fire marshal’s office.

 

Source.  #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6012.05  Posting of Permits.  All permits issued by the local fire official or the state fire marshal’s office pursuant to Saf-C 6012.04, shall be conspicuously posted near the oil burning equipment.  Permits for multiple oil burner installations shall be properly identified as to which oil burner each permit applies.

 

Source.  #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6013  CHIMNEYS, FIREPLACES, VENTS AND SOLID FUEL BURNING APPLIANCES

 

          Saf-C 6013.01  Model Code for the Installation and Operation of Solid Fuel Heating Appliances.  All persons installing, maintaining, repairing or operating solid fuel heating appliances shall comply with the requirements of NFPA 211.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6014  UNVENTED SPACE HEATERS

 

          Saf-C 6014.01  Compliance Required.

 

          (a)  All persons testing, selling, purchasing, installing or using unvented space heaters or storing fuel for such heaters shall comply with all applicable provisions of RSA 158:28 and this section.

 

          (b)  No person shall install or use in any building which is used in whole or in part for human habitation an unvented space heater that uses fuel other than kerosene, propane, or natural gas with the exception of flameless catalyst type heaters.

 

          (c)  No person shall install or use an unvented space heater as the primary source of residential heat.

 

          (d)  No person shall install or use any fuel fired unvented space heaters in educational, day care, health care, residential board and care, ambulatory health care, detention and correctional, lodging and rooming, apartments, hotels and dormitory occupancies.

 

          (e)  No person shall install or use any natural or propane gas unvented space heaters in educational, day care, health care, detention and correctional occupancies.

 

          (f)  All persons installing or using an unvented space heater shall install at least one carbon monoxide detector in accordance with RSA 153:10-a and Saf-C 6015.

 

          (g)  All unvented space heaters shall be installed and used in accordance with the manufacturer’s installation instructions, NFPA 54, if applicable, and NFPA 1.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #5765, eff 12-28-93; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6014.02  Testing Criteria.  No unvented space heater shall be offered for sale in New Hampshire unless it has been listed by a nationally recognized laboratory whose testing criteria, at a minimum, meet Underwriters’ Laboratory Standard 647 or ANSI Z21.11.2.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #5765, eff 12-28-93; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6014.03  Laboratory Approval.  No laboratory engaged in the testing of unvented space heaters shall be approved by the state fire marshal unless the laboratory’s testing and approval criteria, at a minimum, conforms with Underwriters’ Laboratory Standard 647 or ANSI Z21.11.2.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; amd by #5765, eff 12-28-93; ss by #6339, eff 9-25-96; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6014.04  Fuel.

 

          (a)  No fuel type other than that specifically identified and listed by the manufacturer shall be used in any unvented space heater.

 

          (b)  Under no circumstances shall any type of fuel additive be used in an unvented space heater.

 

          (c)  All fuel used in kerosene heaters shall be certified as being K-1 fuel.

 

          (d)  The following shall apply to unvented space heaters:

 

(1)  All unvented space heater fuel shall be stored in proper containers approved for the storage of flammable liquids;

 

(2)  No unvented space heater shall be filled with fuel in any manner other than that directed by the manufacturer when “filled” means the process of pouring, injecting or otherwise introducing fuel into an unvented space heater; and

 

(3)  In no event shall a person pour fuel into an unvented kerosene space heater while inside an occupied structure or while said heater is hot.

 

          (e)  All installations of propane and natural gas unvented space heaters shall comply with Saf-C 6008.01 and Saf-C 6009.01.

 

          (f)  All installations of kerosene unvented space heaters shall comply with Saf-C 6008.01 and Saf-C 6009.01.

 

          (g)  All propane or natural gas unvented space heaters shall be securely fastened to the wall or floor to prevent accidental tipping.

 

Source.  #2230, eff 12-31-82; ss by #2898, eff 11-8-84; ss by #4971, eff 11-8-90; amd by #5765, eff 12-28-93; ss by #6339, eff 9-25-96; amd by #7052, eff 7-2-99; ss by #8180, eff 9-23-04; ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6015  AUTOMATIC FIRE WARNING DEVICES

 

          Saf-C 6015.01  Compliance.  Owners of structures shall install and maintain automatic fire warning devices and carbon monoxide detection devices as required by RSA 153:10-a and NFPA 1.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6018.01); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6015.02  Installation and Maintenance.  Notwithstanding any other rule to the contrary, all automatic fire warning devices in multi-unit dwellings, including, but not limited to, nursing homes, rooming houses, dormitories, residential board and care facilities, hotels, motels, apartment buildings, buildings containing condominium units and all rental units shall be powered by the house electrical service.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6018.02); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6015.03  Electrical Power Requirements.

 

          (a)  No person shall connect any automatic fire warning device to an electrical circuit that is dedicated solely to providing power to automatic fire warning devices.

 

          (b)  The use of automatic fire warning devices that are connected to an electrical power source by means of a plug and cord connector shall be prohibited.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6018.03); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6015.04  Adoption of Carbon Monoxide Detection and Warning Equipment.

 

          (a)  All persons installing, servicing, maintaining or testing carbon monoxide detection and warning equipment shall comply with the requirements of  NFPA 720, “Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment”, 2009 edition (NFPA 720), except as modified in (d) below.

 

          (b)  Owners of existing multi-unit dwellings shall have until July 1, 2013 to comply with the provisions of RSA 153:10-a relative to carbon monoxide detection and warning equipment.

 

          (c)  Single family and multi-unit dwellings containing no solid, liquid or gaseous fuel burning appliances or devices shall not be required to install carbon monoxide detection and warning equipment, except for single family and multi-unit dwellings with attached garages.

 

          (d)  Section 9.4.1.1 of  NFPA 720 shall be modified to read as follows:

 

          “Section 9.4.1.1 Carbon monoxide alarms or detectors shall be installed as follows:

 

(1)  Outside each separate dwelling unit sleeping area in the immediate vicinity of the bedrooms.

 

(2)  On every occupiable level of a dwelling unit, including basements, excluding attics and crawl spaces.

 

(3)  Each unit contained in a multi-unit dwelling shall be equipped with a carbon monoxide alarm or detector as required above 9.4.1.1 (1) and (2)”.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6015.05  Maintenance of Devices Required.

 

          (a)  The owner of a single-family dwelling, multi-unit dwelling and/or rental unit shall be responsible for maintaining all carbon monoxide alarms or detectors in good working order.

 

          (b)  No person, tenant or occupant of a multi-unit dwelling and/or rental unit shall remove any battery from a carbon monoxide alarm or detector, disconnect the primary power to a carbon monoxide alarm or detector, or tamper with or otherwise render inoperable any carbon monoxide alarm or detector.

 

          (c)  Any person found to have violated the provisions of (b) above shall be subject to the penalties provided in RSA 634:2, IX or any other applicable penalty as provided by law.

 

          Saf-C 6015.06 Authority to Issue Citations.  Pursuant to RSA 153:10-a, V, local fire officials  have been granted the authority from the state fire marshal to issue citations for violations of fire safety rules adopted under RSA 153:10-a and RSA 153:10-b.

 

Source.  #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6016  CERTIFICATION OF PRIVATE FIREFIGHTING UNITS

 

          Saf-C 6016.01  Purpose and Scope.

 

          (a)  The purpose of this part is to assure the public safety by establishing minimum certification requirements for private firefighting units.

 

          (b)  All private firefighting units required to be certified pursuant to RSA 154 shall comply with the requirements of this part.

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; rpld by #7052, eff 7-2-99; ss by #8180, eff 9-23-04 (from Saf-C 6020.01); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6016.02  Definition of Officer.  “Officer”, for the purposes of this part, means any person who is assigned any of the following ranks or titles:

 

          (a)  Director;

 

          (b)  Executive director;

 

          (c)  Fire chief;

 

          (d)  Assistant fire chief;

 

          (e)  Deputy fire chief;

 

          (f)  Commissioner;

 

          (g)  Fire engineer;

 

          (h)  Fireward;

 

          (i)  President;

 

          (j)  Vice-president;

 

          (k)  Secretary;

 

          (l)  Treasurer; or

 

          (m)  General manager.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.02); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6016.03  Felony Conviction of an Officer or Owner of a Private Firefighting Unit.  No person who has been convicted of a felony shall serve as an officer of a private firefighting unit or hold any ownership interest of 10 percent or more in a private firefighting unit.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.03); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6016.04  Application for Certification.

 

          (a)  A private firefighting unit shall apply to the state fire marshal for certification.

 

          (b) An applicant shall submit a complete and detailed written statement, signed under oath or affirmation, by the applicant, if an individual, or by the officers of the applicant, if a corporation or an association.

 

          (c)  The written statement in (b) above shall include the following:

 

(1)  Information about every person who possesses an ownership interest of 10 percent or more in the private firefighting unit, he applicant and every person who is an officer of the private firefighting unit, including:

 

a.  Name;

 

b.  Residence address;

 

c.  Place and date of birth;

 

d.  Number of shares of stock held, if applicable; and

 

e.  How shares of stock, in d. above, were obtained;

 

(2)  A statement that the applicant has conducted a criminal record check and that  no officers of the private firefighting unit and no person who possesses an ownership interest of 10 percent or more in the private firefighting unit has been convicted of a felony; and

 

(3)  Proof that the private firefighting unit is a legal corporation capable of transacting business under the laws of the state of New Hampshire, including:

 

a.  A copy of the legal name certificate issued by the secretary of state; and

 

b. The name and address of a legal agent within the state upon whom process may be served.

 

          (d)  An applicant shall submit to the state fire marshal a letter of agreement that indicates the willingness of an insurance company to carry a comprehensive general liability policy, including broad form coverage with basic limits and excess limits in amounts agreed upon between the applicant and the governing body of the city, town or village district.  The policy shall include professional liability and errors and omissions coverage for all applicant employees, including volunteer and call members.  The city, town or village district shall be named as an additional insured party if required by the city, town or village district.

 

          (e)  An applicant shall submit to the state fire marshal a letter of agreement that indicates the willingness of an insurance company to provide workers’ compensation coverage for all applicant employees, including volunteer and call members.  The workers’ compensation coverage shall conform to New Hampshire laws and rules.

 

          (f)  For the purposes of (d) and (e) above, a letter of agreement from an agent of an insurance company shall not be acceptable.

 

          (g)  An applicant shall submit a signed agreement with the state fire marshal agreeing to the conditions set forth in (h) below.

 

          (h)  Pursuant to (g) above, an applicant shall agree to the following conditions:

 

(1)  Require all full-time firefighters hired by the private firefighting unit to comply with the same educational and training requirements of the fire standards and training commission as firefighters employed by municipal fire departments, unless higher standards are required by a contract or these rules;

 

(2)  Meet all applicable requirements for emergency medical services set forth in New Hampshire law and rules;

 

(3)  Require that, if new motorized fire apparatus is purchased, leased or otherwise acquired by the private firefighting unit, the fire apparatus shall comply with the requirements of NFPA 1901, “Standard for Automotive Fire Apparatus”, 2009 edition (NFPA 1901);

 

(4)  Require that all motorized fire and rescue apparatus be maintained in accordance with the manufacturer’s recommendations;

 

(5)  Require that, if buildings and structures are erected, leased or supplied by the private firefighting unit, they shall conform to applicable federal, state and local fire, safety, sanitary and zoning laws, ordinances, codes, or standards;

 

(6)  Conduct an in-service training and education program in accordance with the standards set forth by the New Hampshire fire standards and training commission for all fire personnel employed by the private firefighting unit;

 

(7)  Disclose to the board of selectmen, town manager, village district commission, mayor or city manager and update annually a detailed plan showing how the applicant would continue to provide fire services in the event of a job action or strike;

 

(8)  Comply with all statutes, laws, rules, regulations and orders of federal, state, county or municipal authorities which shall impose any duties or obligations on the applicant;

 

(9)  Participate in and abide by the provisions of any mutual aid agreement, which the governing body of the town, city, or village district has entered into;

 

(10)  Cause every fire within its area of operation to be investigated and determine and record, if possible, the cause and origin of each fire;

 

(11)  Report findings of evidence of illegal actions or actual personal injury or death of a person or persons to the state fire marshal when conducting an investigation in accordance with (h)(10) above;

 

(12)  Take adequate steps to determine that all fire apparatus, vehicles and ambulances shall at all times be operated in compliance with the applicable state motor vehicle laws pertaining to emergency vehicles;

 

(13)  Perform annual testing of all hose, ladders, fire and ambulance apparatus with the results of the tests recorded and maintained as permanent records;

 

(14)  Employ no person to fulfill the contract with the city, town, or village district, known to the private firefighting unit or that could have been determined  through reasonable diligence has been convicted of a crime that would constitute arson or burglary under New Hampshire law;

 

(15)  Permit the state fire marshal or his authorized agents to enter any premises under the private firefighting unit’s control during the term of the contract for the purpose of examining records, apparatus, personnel, or facilities if deemed necessary to determine ongoing compliance with the agreement;

 

(16)  Disclose to the city, town or village district, upon request, the criminal and motor vehicle records and training records of all employees engaged in firefighting or ambulance duties within the city, town or village district prior to employment, available under New Hampshire laws;

 

(17)  Behave in all respects in the same manner as a public fire department with regard to the authority of the state fire marshal and the duty to cooperate with the state fire marshal regarding:

 

a.  Fire investigations;

 

b.  Fire incident reporting;

 

c.  Fire inspections;

 

d.  Hazardous materials emergencies; and

 

e.  All other matters within the purview of the state fire marshal;

 

(18)  Maintain and submit to the city, town, village district or state, as appropriate, all reporting logs and forms and other records required by the city, town, village district or state;

 

(19)  Not assign or transfer the private firefighting unit’s contract with the city, town or village district without prior written consent from the city, town or village district and the state fire marshal;

 

(20)  Conduct a fire prevention campaign to the nature and extent specified in the contract with the governing body of the city, town or village district; and

 

(21)  Maintain and make available to the public, upon request, the following official records:

 

a.  Emergency dispatch center logs;

 

b.  Records of fire safety inspections;

 

c.  Fire and other emergency incident reports; and

 

d.  Fire investigation reports, unless it involves:

 

1.  Arson fire;

 

2.  Part of an ongoing criminal investigation; or

 

3.  A juvenile.

 

          (i)  An applicant shall submit, along with the detailed written statement in (c) above, the name of the city, town or village district with which the applicant intends to contract and a copy of any proposed bid specifications or contract.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.04); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6016.05  Notification of Decision.

 

          (a)  After reviewing all the information submitted by the applicant, pursuant to Saf-C 6016.04, the state fire marshal shall:

 

(1)  Certify the private firefighting unit, if it has complied with all requirements in this part; and

 

(2)  Notify in writing the applicant and the governing body of the city, town, or village district with which the applicant intends to contract, of his/her decision.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.05); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6016.06  Annual Update of Application.  Any certified private firefighting unit shall maintain the conditions of certification and file an update of the information required in Saf-C 6016.04 to the state fire marshal on an annual basis.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.06); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

                  Saf-C 6016.07  Administrative Action Against a Certification.

 

          (a)  For any of the reasons set forth in (b) below, the state fire marshal shall, after notice and hearing, take any of the following administrative action(s), depending upon the circumstances of each case, ranging from most severe to least severe:

 

(1)  Revocation of private firefighting unit’s certification;

 

(2)  Suspension of private firefighting unit’s certification;

 

(3)  Issuance of a warning letter; or

 

(4)  Issuance of an order to comply with these rules.

 

          (b) Pursuant to (a) above, the following reasons shall subject a private firefighting unit to administrative action(s):

 

(1)  Failure to comply with any of the provisions of these rules;

 

(2)  Failure to abide by the provisions of the agreement executed pursuant to Saf-C 6016.04(h);

 

(3)  Failure to abide by the provisions of the contract with the city, town or village district as evidenced by a formal complaint of the governing body of the city, town or village district;

 

(4)  Providing false or misleading information as part of the certification process;

 

(5)  Conviction of the proprietor, partners, corporation, its officers or partners, or associates of arson, bribery or any felony;

 

(6)  Filing a petition for bankruptcy or reorganization;

 

(7)  Making an assignment for the benefit of creditors;

 

(8)  Consenting to the appointment of a receiver or trustee; or

 

(9)  Defaulting in discharging any obligation for the payment of money owed to the city, town or village district or the state or a third party.

 

          (c)  For the purposes of (a) above, the severity of the administrative action(s) taken against a private firefighting unit shall correlate with the factors set forth below:

 

(1)  The seriousness of the private firefighting unit’s actions;

 

(2)  The private firefighting unit’s history of compliance with Saf-C 6015 or any other order by the state fire marshal;

 

(3)  The degree of purposefulness on behalf of the private firefighting unit in carrying out any of the actions stated in (b) above; and

 

(4)  Any other factor which indicates a disregard on behalf of the private firefighting unit for its responsibility to public safety and its ability to carry forth its responsibility pursuant to these rules.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6020.07); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6017  LIGHTNING ROD DEALERS AND SALESMEN

 

          Saf-C 6017.01  Compliance.

 

          (a)  All lightning rod salesmen, dealers, manufacturers and agents shall comply with the requirements of RSA 323 and Saf-C 6017.

 

          (b)  All persons designing, installing, testing, modifying, repairing or maintaining lightning protection equipment shall comply with the requirements of NFPA 780, “Standard for the Installation of Lightning Protection Devices”, 2008 edition (NFPA 780).

 

Source.  #8180, eff 9-23-04 (from Saf-C 6021.01); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6017.02  Application for Dealer’s License.

 

          (a)  Any applicant requesting a license pursuant to RSA 323:1 shall make application to the state fire marshal on form DSFM 71.

 

          (b)  An applicant shall provide the following on form DSFM 71:

 

(1)  Whether the application is for a new license or a renewal;

 

(2)  If a renewal, the previous year’s license number;

 

(3)  Trade name of dealer;

 

(4)  List of name(s) and address(es) of individual partners, principal officers and director;

 

(5)  Address of principal place of business;

 

(6)  Telephone number of principal place of business;

 

(7)  Whether licensed in another state, and if so, what state;

 

(8)  Certification of knowledge of and agreement to comply with the requirements of this section; and

 

(9)  Signature of applicant sworn before a notary public or justice of the peace.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6021.02); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6017.03  Application for Agent’s License.

 

          (a)  A licensed lightning rod dealer who has appointed an agent(s) to sell or install lightning rods shall request a license for said agent(s) by making application to the state fire marshal on form DSFM 72.

 

          (b)  An applicant shall provide the following on form DSFM 72:

 

(1)  Statement of applicant:

 

a.  Name, address and age;

 

b.  Business address;

 

c.  Residence for previous 5 years;

 

d.  Whether licensed in another state, and if so, what state[s];

 

e.  Whether such license has ever been suspended or revoked;

 

f.  Occupation for previous 5 years;

 

g.  Name of licensed dealer represented;

 

h.  Certification of knowledge and intent to comply with state law and the fire code; and

 

i.  Signature of applicant sworn before a notary public or justice of the peace; and

 

(2)  Statement of licensed dealer:

 

a.  Requesting that named agent(s) be licensed;

 

b.  Whether the application is for a new license or a renewal; and

 

c.  Address where licenses are to be sent.

 

          (c)  The licensed dealer shall sign and date form DSFM 72.

 

Source.  #8180, eff 9-23-04 (from Saf-C 6021.03); ss by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

          Saf-C 6017.04  Adoption of Lightning Protection Code - REPEALED

 

Source.  #8180, eff 9-23-04 (from Saf-C 6021.04); rpld by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6018  PYROTECHNICS - REPEALED

 

          Saf-C 6018.01 – 6018.03

 

Source.  #2898, eff 11-8-84; ss by #4971, eff 11-8-90; ss by #6339, eff 9-25-96; ss by #7052, eff 7-2-99; ss by #7776, eff 10-9-02; ss by #8180, eff 9-23-04 (from Saf-C 6022.01); rpld by #10053, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

PART Saf-C 6019  LICENSING OF PYROTECHNICIANS - REPEALED

 

          Saf-C 6019.01 – 6019.15

 

Source.  #8554, eff 12-23-11; rpld by #10058, eff 12-23-11 (See Revision Note at chapter heading for Saf-C 6000)

 

APPENDIX

 

RULE

STATUTE

 

 

Saf-C 6001.01-6001.03

RSA 541-A:7

Saf-C 6001.04

RSA 153:1, I

Saf-C 6001.05-6001.10

RSA 541-A:7

Saf-C 6001.11

RSA 153:1, VI

Saf-C 6001.12-6001.16

RSA 541-A:7

Saf-C 6001.17

RSA 153:1, IX-a

Saf-C 6001.18 & 6001.19

RSA 541-A:7

 

 

Saf-C 6002.01 & 6002.02

RSA 21-P:12; RSA 153:4-a

Saf-C 6002.03

RSA 153:8

Saf-C 6002.04

RSA 21-P:4, V; RSA 153:8

 

 

Saf-C 6003.01

RSA 153:5

 

 

Saf-C 6004.01

RSA 153:5

 

 

Saf-C 6005.01

RSA 153:8-a, I(c)

Saf-C 6005.02-6005.04

RSA 153:5; RSA 153:8-a, I(c)

 

 

Saf-C 6006.01

RSA 541-A:16, I(b)(2)

 

 

Saf-C 6007.01 & 6007.02

RSA 153:11

 

 

Saf-C 6008.01-6008.07

RSA 153:4-a; RSA 153:5; RSA 153:8-a

 

 

Saf-C 6009.01-6009.04

RSA 153:4-a; RSA 153:5; RSA 153:14

 

 

Saf-C 6010.01 - 6012.05

RSA 153:4-a; RSA 153:5; RSA 153:8-a

 

 

Saf-C 6013.01

RSA 153:4-a, RSA 153:5; RSA 153:14, IV

 

 

Saf-C 6014.01-6014.04

RSA 158:28

 

 

Saf-C 6015.01-6015.06

RSA 153:10-a; RSA 153:10-b

 

 

Saf-C 6016.01-6016.07

RSA 153:4-a, I; RSA 154:1-c

 

 

Saf-C 6017.01 – 6017.02

RSA 323:1

Saf-C 6017.03

RSA 323:4