Bill Text: NH HB260 | 2011 | Regular Session | Introduced
Bill Title: Relative to the state fire code and the appeal process for decisions of the state fire marshal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-10-21 - House Committee Report: Inexpedient to Legislate for Jan 4 (Vote 12-0; Consent Calendar) [HB260 Detail]
Download: New_Hampshire-2011-HB260-Introduced.html
HB 260 – AS INTRODUCED
2011 SESSION
05/10
HOUSE BILL 260
AN ACT relative to the state fire code and the appeal process for decisions of the state fire marshal.
SPONSORS: Rep. Mirski, Graf 10
COMMITTEE: Executive Departments and Administration
This bill:
I. Removes references to the Life Safety Code and requires the adoption of the 2006 International Code Council (ICC) Fire Code as the basis of the state fire prevention code.
II. Amends certain requirements regarding the inspection and approval of construction plans for state buildings.
III. Provides that decisions of the state fire marshal may be appealed to the state building code review board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0890
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the state fire code and the appeal process for decisions of the state fire marshal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fire Code; Rules; International Code Council Fire Code. Amend RSA 153:5 to read as follows:
153:5 Rules. The state fire marshal shall adopt rules, with the approval of the commissioner of safety, to be known as the state fire prevention code, pursuant to RSA 541-A, to further the purposes of this chapter and such applicable fire safety and building laws as he or she shall deem necessary for the protection from fire and fire hazards for people in the state and for the general welfare of property and people within the state. The rules may include, but not be limited to, the keeping, storage, use, manufacture, sale, handling, transportation, or disposal of highly flammable materials and rubbish, and of flammable fluids and compounds and flammable tablets and may include standards for the materials and construction of receptacles and buildings to be used for any of these purposes. The fire marshal shall use the International Fire Code, as reviewed and amended by the state building code review board and approved by the legislature, and may adopt the most recent edition of the provisions of the national fire protection association [code or other recognized codes] codes and standards, with the exception of document numbers 1, 54, 101, 5000, or any references thereto, within those codes and standards, as rules, in whole or in part; however, such rules shall not require automatic suppressant or sprinkler systems in detached one- or 2-family dwelling units in a structure used only for residential purposes, in areas of buildings or additions in which the discharge of water would be undesirable as determined by the state fire marshal, or in rooms or areas containing either generators, transformers, telecommunications equipment or facilities, or electronic data processing equipment, or in telecommunications or electric utility company equipment buildings or areas occupied exclusively for telecommunications equipment, electrical transformation and switching equipment, associated electrical distribution equipment, batteries, and standby engines or generators, provided that those spaces or areas are equipped throughout with an automatic fire detection system. The rules shall apply to the [construction and remodeling] maintenance of existing buildings and structures for the containment of flammable liquids and to the maintenance, new installation, and replacement of equipment used in connection with flammable liquids. The rules shall apply to existing buildings, structures, or equipment. The fire marshal may exempt a building, structure, or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety. A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations. Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than those adopted by the fire marshal.
2 Approval of Plans for Construction or Revision of all State Buildings. Amend RSA 153:8-a, I to read as follows:
I. The state fire marshal or, by his or her direction, the deputy fire marshal shall be [solely] responsible for:
(a) Approval of all plans for construction or revision of all state buildings and properties, including the university system, as to compliance with [fire safety measures] the state building code;
(b) Enforcement of the most recent edition of the [Life Safety Code, NFPA Doc. No. 101, in rules adopted by the state fire marshal with the approval of the commissioner of safety under this chapter] fire prevention code;
(c) [Granting variances or exceptions to the most recent edition of the Life Safety Code, NFPA Doc. No. 101, in rules adopted by the state fire marshal under this chapter. The state fire marshal,] With approval of the commissioner of safety, [shall adopt] adoption of rules, pursuant to RSA 541-A, relative to the granting of exceptions or variances under this paragraph, and rules to be known as the state fire prevention code as provided in RSA 153:5.
(d) Development, in consultation with the commissioner of safety and the commissioner of transportation, of a schedule for the periodic safety inspection of all occupied public buildings owned by the state.
3 Appeals of Decisions of the State Fire Marshal to the Building Code Review Board. RSA 155-A:11, I is repealed and reenacted to read as follows:
I. Any person aggrieved by a final decision of the state fire marshal or the state fire marshal’s designee relative to the application and enforcement of the state building code or state fire prevention code may appeal the decision to the board.
4 Change from Fire Code to Fire Prevention Code. Amend the following RSA provisions by replacing “fire code” with “fire prevention code”: RSA 21-P:14, IX; 47:22; 126-A:21; 153:5; 153:5-c; 153:8-a, I; 153:10-b, VI; 153:14, II(b); 153:27, XI; 154:2, II; 155-A:2; 155-A:3-a; 155-A:10, IV; 160-B:6, III-a; 160-C:3, IV; 205-C:2, I; 323:2, II; 621:8; and 625:8.
5 Repeal. RSA 155-A:2, II, relative to means of egress in the Life Safety Code.
6 Effective Date. This act shall take effect 60 days after its passage.
