CHAPTER 196
HB 1145 - FINAL VERSION
29march00.....3898h
may400.....4533-EBA
2000 SESSION
09/01
HOUSE BILL 1145
AN ACT limiting the liability of state certified fire instructors.
This bill limits the liability of state certified fire instructors for personal injuries and civil damages resulting from acts or omissions during training.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
29march00.....3898h
may400.....4533-EBA
00-2392
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT limiting the liability of state certified fire instructors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
196:1 New Section; Liability of State Certified Fire Instructors. Amend RSA 21-P by inserting after section 12-b the following new section:
21-P:12-c Liability Limited; State Certified Fire Instructors.
I. Any person who is a state certified fire instructor employed by a nonprofit fire department or emergency medical service unit shall be immune from civil liability in any action brought on the basis of any act or omission during training which results in damage or injury to any person if:
(a) The instructor had prior written approval from the division, to teach a curriculum approved by the fire standards and training commission;
(b) The instructor was acting in good faith and within the scope of the instructor's official functions and duties as an instructor; and
(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the instructor.
II. In this section:
(a) "Damage or injury" includes physical, nonphysical, economic and noneconomic damage and property damage.
(b) "Nonprofit fire department" shall include, but not be limited to, not for profit fire service organizations exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state.
(c) "State certified fire instructor" means a person who has completed the requirements to hold such certification as approved by the New Hampshire fire standards and training commission.
196:2 Effective Date. This act shall take effect January 1, 2001.
(Approved: May 30, 2000)
(Effective Date: January 1, 2001)