§ 21-P:12 — Division of Fire Safety

New Hampshire § 21-P:12

• Jurisdiction: New Hampshire
• Title I: THE STATE AND ITS GOVERNMENT
• Ch. 21-P: DEPARTMENT OF SAFETY
• Subdivision: General Provisions

Text

There is established within the department a division of fire safety. Such division shall be under the supervision of an unclassified director who shall be known as the state fire marshal. The state fire marshal shall be nominated by the commissioner of safety, after consultation with the state advisory board of fire control, for appointment by the governor, with the consent of the council, and shall serve a term of 4 years until a successor is appointed. If no successor has been appointed with the consent of the council within 6 months of the expiration of the term, the governor shall appoint a successor with the consent of the council. The state fire marshal shall be academically and technically qualified to hold the position. The state fire marshal shall be a citizen of this state or become a citizen of this state within one year of his or her appointment. He or she shall devote his or her entire time to the duties of the division of fire safety and shall receive the salary specified in RSA 94:1-a for the state fire marshal. The state fire marshal shall be responsible for the following functions, in accordance with applicable law:
I. Investigation of the causes and circumstances of fires.
II. Fire safety regulations and education.
III. Coordination of state agency response to accidents involving hazardous materials, and regulation of liquid propane gas pipelines safety, except propane gas pipelines regulated by the public utilities commission pursuant to RSA 362. The director, with the approval of the commissioner, shall appoint a hazardous materials incident response coordinator who shall assist local incident commanders with command, logistics, and resources, coordinate the training and procedures of the state's regional hazardous materials response teams in all areas of the state, oversee the preparedness of the hazardous materials response teams and assist local communities in their efforts to obtain reimbursement for emergency responses pursuant to RSA 154:8-a, II-a.
III-a. Administration of the modular building standards program under RSA 205-C.
IV. Carrying out all other functions assigned to him in RSA 153 or any other provision of law.
V. [Repealed.]
VI. [Repealed.]
VII. Administration, supervision, and enforcement of RSA 153:27-38. There is hereby established within the department of safety a bureau of building safety and construction under the supervision of the state fire marshal, which shall include the mechanical safety staff.
VIII. Provision of clerical support for the state advisory board of fire control.
[Paragraph IX effective until November 1, 2030.]
IX. Participation in an advisory capacity in state agency siting of hydrogen facilities, transportation, and storage, and the permitting and coordination of state agency response to accidents at facilities that produce more than 20 MW of electricity, involving hydrogen and hydrogen gas safety, in coordination with the hydrogen advisory committee in RSA 362-H:3.

Legislative History

1987, 124:1. 1989, 388:1, 11. 1994, 389:8. 2002, 220:1; 257:1, 5. 2003, 319:102, 131, III. 2004, 171:24. 2005, 122:1; 177:104, 105. 2006, 206:1. 2011, 11:5, eff. April 25, 2011. 2012, 237:7, II, eff. June 4, 2013. 2013, 275:1, eff. July 1, 2013. 2023, 148:3, eff. July 1, 2023.