HB 0398

HB 398 - AS INTRODUCED

AN ACT relative to forest fire warden appointments and associated duties.

SPONSORS: Rep. Palangas, Hills 41; Rep. Duval, Hills 42; Rep. Baroody, Hills 42

This bill provides that in all towns and cities with an organized fire department, the fire chief shall assume the responsibilities of the office of forest fire warden, and shall have authority to delegate such responsibilities to qualified individuals. The fire chief shall recommend and the director of the division of forests and lands shall appoint deputy fire wardens. The bill removes the 3-year limit on the term a forest fire warden shall serve. The bill provides that the state fire marshal shall have the power to approve, disapprove, or allow exemptions to any fire safety rule of any state agency, including those established under RSA 227-L.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to forest fire warden appointments and associated duties.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Woodland Fire Control; Forest Fire Warden Appointment. RSA 227-L:7, I and II is repealed and reenacted to read as follows:

I. In all towns and cities with an organized fire department, the fire chief shall assume the responsibilities of the office of forest fire warden. The fire chief shall have the authority to delegate these responsibilities to a qualified individual under the direct control of the fire chief subject to approval of the director.

II. The fire chief shall recommend to the director the names of personnel who in the fire chief's estimation are fit to fill the office of deputy fire warden in the respective town or city. After investigation, the director shall appoint such deputy fire wardens as the director deems necessary. The director may authorize a forest fire warden or deputy warden to perform the functions of the office for 2 or more towns or parts of towns.

2 Woodland Fire Control; Term of Office of Forest Fire Warden or Deputy Forest Fire Warden. Amend RSA 227-L:9 to read as follows:

227-L:9 Term. Upon the appointment of a forest fire warden or deputy forest fire warden in any town, city or place, the term of office of the forest fire warden or deputy forest fire warden previously acting in such capacity shall immediately cease, and the new appointee shall serve [~~for 3 years, or~~] until a successor is appointed as provided in this subdivision. The term of a special deputy forest fire warden shall be 3 years.

3 State Board of Fire Control; Duties of State Fire Marshal. Amend RSA 153:4-a, I to read as follows:

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.

4 Firewards, Fire Engineers, and Fire Chiefs; Powers. Amend RSA 154:2, I to read as follows:

I. Except as provided in [~~RSA 227-L and~~] this chapter, the firewards, fire engineers, and fire chiefs shall have the authority and the control of all firefighters and officers and all fire apparatus and other equipment designed or used for the extinguishment of fire or the control of other emergencies in the town or city, and of all persons whose duty it is to aid in extinguishing fires.