CHAPTER
Saf-C 1100
AUTHORITY TO CITE FIRE SAFETY VIOLATORS
Statutory
Authority: RSA 21-P:14, II(s)
PART
Saf-C
1101 DEFINITIONS
Saf-C
1101.01 “Applicant” means a person
requesting authorization to issue citations for a violation of fire safety or
applicable licensing rules.
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, EXPIRED: 2-22-11
New. #10011, eff 10-19-11; ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.02 “Building official” means the code enforcement
or other designated authority charged with the administration and enforcement
of the building code, or a duly authorized representative.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1101.03 “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 pursuant to RSA 153:4-a, RSA
153:5 and RSA 160-C, and to unlicensed persons who perform actions that require
a license pursuant to RSA 153:28 or RSA 153:29-a, ordering the person named in
the document to appear in the court specified.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.02), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.04 “Commission”
means the New Hampshire fire standards and training commission established
pursuant to RSA 21-P:26.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.03), EXPIRED 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.05 “Commissioner”
means the commissioner of the department of safety or the commissioner’s
designee.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.04), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1101.06 “Council” means the New Hampshire police standards and
training council established pursuant to RSA 106-L:3.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.05), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.07 “Fire
chief” means the person in charge of a fire department as defined in RSA
154:1-d, I(e).
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.06), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1101.08 “Fire prevention officer” means a person engaged in the
inspection of buildings or structures for the purpose of determining whether
they are safe and in compliance with fire codes. The term includes a fire
inspector or a fire marshal.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.07), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.09 “Fire
investigator” means a person principally engaged in the investigation of the origin
and cause of fires.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.08), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.10 “Full-time
work 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.
Source. #10011, eff 10-19-11; ss by #10137, eff
5-23-12 (from Saf-C 1101.09), EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.11 “Licensing
inspector” means a person engaged in the inspection of persons employed to do
work involving mechanical codes, licenses, or certifications in the fields of
electrical, gas, oil, or plumbing for
the purpose of determining whether the work performed is safe and in compliance
with applicable codes, as well as to ensure that all proper licenses have been
obtained.
Source. #10137, eff 5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1101.12 “Part-time
work experience” means a work assignment that is less than full-time
experience.
Source. #10137, eff 5-23-12 (from Saf-C
1101.10), EXPIRED: 5-23-12
New. #13418, eff 7-25-22
PART
SAF-C 1102 GENERAL APPLICATION REQUIREMENTS
Saf-C 1102.01 Application for
Citation Authority.
(a) An applicant requesting
authorization to issue citations for a violation of fire safety rules or
applicable licensing rules shall complete and submit an
application on form DSFS 142, “Citation Authority Application,” (rev. 6/22).
(b) An applicant shall
have, at minimum, one year of full-time work experience or 2 years of part-time
work experience as a fire chief, fire prevention officer, fire investigator,
licensing inspector, building official, or code enforcement officer for the
state or a fire department of the state or any political subdivision thereof.
(c) An applicant shall have
successfully completed a course, as evidenced by the issuance of a certificate,
conducted by the council and the commission that is composed of the following
elements:
(1) Search
and seizure;
(2) Fire
safety rules and state laws and codes;
(3) Evidence
gathering; and
(4) Procedures
for issuing a citation.
(d) An applicant shall have
a total point accumulation of a minimum of 100 points, as set forth in (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, bachelors, 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 National Fire Protection Association, International Code
Council, Pro Board, or other nationally accredited certifying agency as
evidenced by successful completion of an examination specific to the
application of building or fire codes, shall entitle a person to 100 points;
(5) 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; and
(6) Successful
completion of a course in fire investigation, fire inspection, building
inspection, or fire or building codes offered by the New
Hampshire technical college, the division of fire standards and training
and emergency medical services, the National Fire Academy, the
National Fire Protection Association, the International Code Council, the
commission, or an accredited institution or organization shall entitle a person
to 25 points for each course.
(f) An applicant shall submit a
letter of recommendation or endorsement from the executive office of the
department at which the person is employed and copies of certificates or other
evidence of completion that meet the criteria of this rule.
(g) An applicant shall sign and date
the DSFS 142 form, “Citation Authority Application”, and in doing so, shall
certify the following under the penalties of unsworn falsification pursuant to RSA
641:3: “I certify that I have read the foregoing and affirm that every
statement contained herein is true and correct. I also certify that I am
familiar with all state laws, regulations and local ordinances relating to the
issuance of fire safety violations.”
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 2-22-11
New. #10011, eff 10-19-11 (from Saf-C 1102.02); ss by #10137, eff 5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1102.02 Denial of Authorization.
(a) In determining whether
to grant or deny citation authority, the commissioner shall review the
application for citation authority, and grant authority if the applicant
complies with the provisions of Saf-C 1102.01.
(b) The commissioner shall
deny an application for citation authority if the applicant 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.
(c) The commissioner shall
notify the applicant, in writing, of the reason(s) for denial of citation
authority.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 2-22-11
New. #10011, eff 10-19-11; ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1102.03 Grant of Authorization.
(a) Upon
review of the application for citation authority pursuant to Saf-C 1102.01, if the commissioner grants authority to
issue citations, the applicant shall be notified, by letter.
(b) An authorization to
issue citations shall be valid until:
(1) The
authority is revoked, pursuant to Saf-C 1102.05;
or
(2) The
person terminates employment with a fire department of the state or any
political subdivision thereof.
(c) Any person who has been
issued authorization to issue citations shall notify the commissioner within 30
days of the termination of their
employment with the department or political subdivision at which the person was
employed when the authority was issued. Unless the person is employed with
another fire department or political subdivision and provides the letter of
recommendation or endorsement, as set forth in Saf-C
1102.01(f), the person shall turn in their letter of authorization to the
commissioner.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 10-19-11
New. #10011, eff 10-19-11; ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1102.04
Automatic Renewal of Authorization.
(a) An
authorization to issue citations shall be automatically renewed, without
application, if the person:
(1) Successfully
completes a refresher course; or
(2) Successfully
demonstrates a minimum of 8 hours of continuing education on an annual basis,
composed of the elements listed in (b) below.
(b) For
the purposes of (a)(1) above, a refresher course shall be composed of the
following elements:
(1) Review of search and
seizure laws and procedures;
(2) Review of updates
and changes to fire safety rules, applicable licensing rules, and state laws
and codes;
(3) Review of evidence
gathering procedures; and
(4) Review of procedures
for issuing a citation.
(c) A
refresher course conducted by the commission and council shall be deemed to
meet the requirements of (b) above. All other refresher courses shall be
approved by the commission and council, to ensure that the requirements of (b)
above are met.
(d)
The person shall be responsible for maintaining all records of completed
courses and continuing education. Such records shall be made available to the
commissioner, upon request.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 10-19-11
New. #10011, eff 10-19-11 (from Saf-C 1102.04); ss by #10137, eff 5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C 1102.05 Revocation of
Authorization.
(a) The
commissioner shall, after an opportunity for a hearing, revoke a person’s
authority to issue citations for any of the following:
(1) Failure to turn in
the letter of authorization, pursuant to Saf-C 1102.03(c);
(2) 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.
(b) All
hearings shall be conducted by the bureau of hearings in accordance with the
requirements of Saf-C 200.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 10-19-11
New. #10011, eff 10-19-11; ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1102.06 Refresher Course.
(a) The commissioner shall
require any person who has been granted citation authority to complete a
refresher training course pursuant to Saf-C
1102.04(b) when:
(1) The
person has evidenced a lack of understanding of the fire safety or applicable
licensing rules;
(2) The
fire safety or applicable licensing rules have been amended, in
order for the person to have current knowledge of the rules; or
(3) The
person has not maintained the continuing education requirement pursuant
to Saf-C 1102.04(a)(2).
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 10-19-11
New. #10011, eff 10-19-11 (from Saf-C 1102.06); ss by #10137, eff 5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
Saf-C
1102.07 Restoration of Authorization.
(a) Any person whose
authority to issue citations has been suspended for termination of employment
pursuant to Saf-C 1102.03(b)(2) shall have that
authority restored within 2 years of the termination if the person:
(1) Submits evidence of re-employment
as a fire prevention officer, fire chief, fire inspector, fire marshal, fire investigator,
licensing inspector, building official, or code enforcement officer for the
state, or a fire department of the state or any political subdivision thereof;
(2) Meets
the requirements of Saf-C 1102.01; and
(3) Successfully
completes a refresher course.
(b) Any person whose
authority to issue citations has been suspended for termination of employment
pursuant to Saf-C 1102.03(b)(2) for more than 2
years, shall make application for citation authority pursuant to Saf-C 1102.01.
Source. #5951, eff 1-24-95, EXPIRED: 1-24-03
New.
#7832, eff 2-22-03, EXPIRED: 10-19-11
New.
#10011, eff 10-19-11 ss by #10137, eff
5-23-12, EXPIRED: 5-23-22
New. #13418, eff 7-25-22
APPENDIX
Provision of the Proposed Rule |
Specific State or Federal Statutes or Regulations
which the Rule is Intended to Implement |
Saf-C 1101.01-Saf-C
1101.03 |
RSA 541-A:7 |
Saf-C 1101.04 |
RSA 21-P:26; RSA
541-A:7 |
Saf-C 1101.05 |
RSA 541-A:7 |
Saf-C 1101.06 |
RSA 106-L:3; RSA
541-A:7 |
Saf-C 1101.07
through Saf-C 1101.12 |
RSA 541-A:7 |
Saf-C 1102.01
through Saf-C 1102.07 |
RSA 21-P:14,
II(s), RSA 21-P:4, VII and RSA 153:4-A, IV |