§ 153:4-a — Duties of State Fire Marshal

I. The state fire marshal shall have the power to approve, disapprove, or allow exceptions to any fire safety rule of any state agency except fire safety rules established under RSA 227-L. The state fire marshal shall be responsible for supervising and enforcing all laws of the state relative to the protection of life and property from fire, fire hazards and related matters, and for certifying private firefighting units. The state fire marshal shall also assist the several counties, cities, towns, village districts, and precincts in supervising and enforcing local laws, bylaws, and ordinances where existent, relative to (a) the prevention of fires; (b) the storage, sale and use of combustibles; (c) the installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; (d) the construction, maintenance, and regulation of fire escapes; (e) the means and adequacy of exit, in case of fire, from factories, asylums, hotels, hospitals, churches, schools, halls, theaters, amphitheaters, nursing and convalescent homes, and all other places in which numbers of persons work, live or congregate from time to time for any purpose; (f) the investigation of the cause, origin, and circumstances of fires; and (g) the transportation, storage, and physical handling of flammable liquids and gases which he believes dangerous to the lives or safety of the citizens of the state.
II. It shall be the fire marshal's duty and responsibility to coordinate the activities of his or her office with duly authorized city, town and village district, fire and building department officials and other state and local agencies required and authorized by state statutes or local ordinances to develop or enforce fire safety regulations. It shall further be the duty and responsibility of the state fire marshal to assist, cooperate with, advise and counsel the officials responsible as designated by local ordinance or charter for the organization and efficient operation of fire departments and other fire protection organizations when held to be in the best interest of public safety. Local amendments to the state fire code shall be submitted to the state fire marshal for review prior to enforcement. The state fire marshal shall confirm local amendments to the state fire code are not in conflict or less restrictive than the state fire code and are based on sound engineering practices. The state fire marshal shall confirm that the local amendments are enacted and adopted by the local legislative body. The state fire marshal shall publish local amendments to the state fire code.
III. The state fire marshal, or his designee, shall have access to any and all incidents involving hazardous materials and shall coordinate the activities of state services during a hazardous materials incident. The state fire marshal, or his designee, shall assume control of a hazardous materials incident at the request of the local fire chief or fire official in charge, or if the state fire marshal or his designee believes that the welfare of the public is not being appropriately served. When the state fire marshal, or his designee, assumes control of a hazardous materials incident he shall have all the authority outlined in RSA 154:7.
IV. To promote the efficient discharge of his or her lawful duties, the state fire marshal or his or her designee may issue citations for violations of fire safety rules under RSA 153.
V. The state fire marshal may detail full-time or part-time personnel of the division of fire safety for the purposes of law enforcement, code enforcement, hazardous materials safety, and public education services for public and private events and for extra duty functions to be performed outside regular business hours for which an outside entity will be reimbursing the department for the services. The commissioner of the department of safety shall establish a detail rate for such assignments. The rate shall include compensation for the assigned personnel plus reimbursement for the use of any vehicles or trailers, employee benefits, and related overhead expenses.

Legislative History

1971, 486:3. 1975, 442:3. 1977, 361:1. 1979, 344:5. 1983, 101:2. 1986, 102:3. 1989, 309:3. 1995, 299:7. 2013, 172:2, eff. July 2, 2013. 2019, 63:1, eff. Aug. 4, 2019. 2022, 242:5, eff. Jan. 1, 2023.