CHAPTER Bfc 200 PRACTICE AND PROCEDURE
PART Bfc 201 PURPOSE
Bfc 201.01 Purpose
and Intent. The purpose of these
rules is to specify the process used by the board for acquiring sufficient information
to make fair and reasoned decisions on matters within its statutory
jurisdiction. The intent of the board is
to establish a uniform procedure, through RSA 541-A, to acquire the information
that the board will consider in deciding, in conjunction with the state fire
marshal, whether the state fire code described in RSA 153:1, VI-a will be
amended by the adoption of a rule that is exempt from RSA 541-A as described in
RSA 153:5, I. These rules shall be construed
to secure the just, efficient and accurate resolution of all board proceedings.
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PART Bfc 202 DEFINITIONS
Bfc 202.01
"Data" means all information other than argument, including oral
or written descriptions, reports, maps, charts, drawings, photographs, audio or
video recordings, computer programs or computer printouts.
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Bfc 202.02
"File" means to place a document in the actual possession of
the board.
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Bfc 202.03
“Presiding officer" means the board member or other individual to
whom the board has delegated authority to preside over a proceeding.
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Bfc 202.04 “State
fire marshal” means the state fire marshal of the State of New Hampshire, or
his/her designee.
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PART Bfc 203 PROCEDURE TO AMEND THE STATE FIRE CODE
Bfc 203.01 How
Adopted. Rules that amend the state
fire code described in RSA 153:1, VI-a shall be adopted pursuant to RSA 153:5,
I, according to the procedure provided in these rules. Rules shall be proposed
by petition or on the board's own initiative.
The state fire marshal shall have coextensive authority with the board
and shall participate equally in the procedure provided in this part.
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Bfc 203.02 Petition
for Adopting Amendments to the State Fire Code.
(a) Any person may
request the board and the state fire marshal to commence a proceeding for the
purposes of amending the state fire code described in RSA 153:1, VI-a by
completing and filing a petition on Form DSFM 140 (rev. 8/13).
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Bfc 203.03 Deficiencies
in Petitions.
(a) If the board and
the state fire marshal determine that any petition does not provide all of the information
required by Form DSFM 140, they shall immediately notify the petitioner in
writing of the specific deficiencies.
(b) Upon receipt of
a complete petition, the board and the state fire marshal shall take action as
outlined in Bfc 203.04.
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Bfc 203.04 Disposition
of Petition.
(a) Upon receipt of
a complete petition, the board and the state fire marshal shall take public
comment at the board’s next regularly scheduled meeting.
(b) If a petition is
sent to the next scheduled meeting, the board and the state fire marshal shall
grant the petition, after receiving any public comment, if the board deems the
proposed amendments necessary in order to provide consistency with the application
of other laws, codes, or regulations, giving due consideration to the economic
impact and costs of such amendment, and to promote public safety and best
practices.
(c) Upon the
granting of a petition, and with the approval of the commissioner, the state
fire code shall be amended by the board and the state fire marshal in
accordance with RSA 153:5, I.
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PART Bfc 204 TIME PERIOD
Bfc 204.01 Computation
of Time.
(a) Unless otherwise
specified, all time periods referenced in this chapter shall be calendar days.
(b) Computation of
any period of time referred to in these rules shall begin with the day after
the action which sets the time period in motion, and shall include the last day
of the period so computed.
(c) If the last day
of the period so computed falls on a Saturday, Sunday or state legal holiday,
then the time period shall be extended to include the first business day
following the Saturday, Sunday or state legal holiday.
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PART Bfc 205 PETITIONS TO AMEND ORGANIZATIONAL OR PRACTICE
AND PROCEDURE RULES UNDER RSA 541-A
Bfc 205.01 Rulemaking
Petition.
(a) Petitions for
rulemaking shall be in writing.
(b) The petitioner
shall state the reason(s) for the proposed rule.
(c) The petitioner
shall include his/her name, address and telephone number.
(d) Petitions shall
be sent to the board at:
Board of Fire Control
c/o Department of Safety
Commissioner’s Office
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Bfc 205.02 Disposition
of Petitions for Rulemaking.
(a) The board shall
request additional information from the petitioner if such additional
information is required to reach a decision.
(b) The board shall
deny the petition for rulemaking when the adoption, amendment or repeal of such
rule results in:
(1) A rule which is not within the rulemaking
authority of the board;
(2) Duplication of a rule or a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) A rule that is contrary to public safety or
public interest.
(c) Within 30 days
of receipt of a sufficient petition, the board shall dispose of it by notifying
the petitioner in writing:
(1) That the petition is denied and the reason(s)
for its denial pursuant to 205.02(b); or
(2) Otherwise, that the petition is granted, and
the board is beginning rulemaking proceedings as required by RSA 541-A:4.
(d) The denial of a
petition for rulemaking shall not entitle the petitioner to a hearing.
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PART Bfc 206 HEARINGS ON AMENDING ORGANIZATIONAL OR
PRACTICE AND PROCEDURE RULES UNDER RSA 541-A
Bfc 206.01 Scope. This part shall apply to rulemaking hearings
required pursuant to RSA 541-A:11.
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Bfc 206.02 Notice. The board 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.
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Bfc 206.03 Presiding
Officer.
(a) The hearing
shall be presided over by the chairperson of the board or his or her designee.
(b) The chairperson
or designee shall:
(1) Determine whether a quorum of the board is present
for the hearing;
(2) Call the hearing to order;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) Maintain order during the hearing; and
(6) Adjourn the hearing.
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Bfc 206.04 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 board.
(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 chairperson or designee shall call for any new testimony from any
new speaker.
(d) When the
chairperson or designee has determined that no other individual wishes to
testify, he or she shall close the public hearing.
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Bfc 206.05 Postponement
and Continuations.
(a) The chairperson
or designee shall postpone a hearing to a later date, time or place in the
event of:
(1) Inclement weather;
(2) A lack of a quorum; or
(3) Determination by the
board that postponement of the hearing shall facilitate greater participation
by the public.
(b) The chairperson
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 a
postponement or continuation of a public hearing or written comment period
shall be provided pursuant to RSA 541-A:11, III.
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Bfc 206.06 Written
or Electronic Comments. Individuals
may submit written or electronic comments to the board on proposed rulemaking
actions any time from the time notice has been published until the end of the
written comment period as set forth in the notice of rulemaking.
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Bfc 206.07 Transcripts
or Copies of Tapes.
(a) All hearings
shall be recorded.
(b) A written
request for a copy of the recording may be sent to:
Board of Fire Control
c/o Department of Safety
Commissioner’s Office
(c) Pursuant to RSA
91-A:4, a person 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.
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PART Bfc 207 DECLARATORY RULING
Bfc 207.01 Submitting
Request for Declaratory Ruling.
(a) Individuals petitioning
for a declaratory ruling, as defined by RSA 541-A:1, V, shall submit the
following information to the board in writing:
(1) The specific statute, rule, or order whose
applicability is being questioned;
(2) The interest of the petitioner;
(3) The activity in question; and
(4) The name, address and phone number of the
petitioner.
(b) Any petition
which does not contain the information in (a) above shall be inadequate.
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Bfc 207.02 Time
for Consideration. The board shall
review the declaratory ruling petition at the meeting following receipt of the
petition, unless the petition is received less than one week before the next
scheduled meeting, in which case the board shall consider the petition at its
next meeting.
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Bfc 207.03 Disposition
of Petition.
(a) The board shall
act on the petition as follows:
(1) Issue a written declaratory ruling within 30
days of the meeting at which the petition was considered;
(2) Reject the declaratory ruling petition if it
is inadequate or beyond the scope of the board's authority as specified in RSA
153; or
(3) Refer the petition to the department of justice
when the board requires legal guidance.
In such cases the board shall render a decision to the petition within
120 days of receiving the petition.
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PART Bfc 208 RETENTION OF RECORDS
Bfc 208.01 Recordkeeping.
(a) Unless otherwise
specifically stated elsewhere in the law or rules, all records and documents
received by the board shall be retained for a minimum of 5 years.
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PART Bfc 209 REQUEST FOR STATEMENT EXPLAINING RULE
Bfc 209.01 Request
for Rule Explanation.
(a) Within 30 days
after the adoption of a rule, any interested person may request the board 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 board overruled arguments and
considerations relative to the rule.
(b) Requests shall
be sent to the board at:
Board of Fire Control
c/o Department of Safety
Commissioner’s Office
(c) Upon receipt of
a request for rule explanation, the board shall issue a statement that provides
the information set forth in (a) above.
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PART Bfc 210 ADJUDICATIVE PROCEEDINGS
Bfc 210.01 Adjudicative
Proceedings.
(a) Any adjudicative
proceedings brought before the board for resolution shall be conducted as
required by law, in accordance with the Jus 800 rules.
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APPENDIX
Rule |
State Statute Which the Rule Implements |
|
|
Bfc 201.01 |
RSA 153:5, II |
Bfc 202.01-202.04 |
RSA 541-A:7 |
Bfc 203.01-203.04 |
RSA 153:5, II |
Bfc 204.01 |
RSA 541-A:16, I(b); RSA
541-A:16, I(c); RSA 541-A:16, I(d); RSA 153:5, II |
Bfc 205.01-205.02 |
RSA 541-A:16, I(c) |
Bfc 206.01-206.07 |
RSA 541-A:16, I(b)(3) |
Bfc 207.01-207.03 |
RSA 541-A:16, I(d) |
Bfc 208.01 |
RSA 5:38 |
Bfc 209.01 |
RSA 541-A:11, VII |
Bfc 210.01 |
RSA 541-A:16, I(b)(2); RSA
541-A:30-a, V |
|
|