153:8-a Approval of Plans for Construction or Revision of all State Buildings Required. –
I. The state fire marshal or, by his or her direction, the deputy fire marshal shall be responsible for:
(a) Approval of all plans for construction or revision of all state buildings and properties, including the university system and the community college system of New Hampshire, as to compliance with the state building code and state fire code.
(b) Enforcement of the state fire code.
(c) With approval of the commissioner of safety, adoption of rules relative to the granting of exceptions or variances under this paragraph, and rules to be known as the state fire code as provided in RSA 153:5.
(d) Development, in consultation with the commissioner of safety and the commissioner of administrative services, of a schedule for the periodic safety inspection of all occupied public buildings owned by the state.
II. When performing his duties under paragraph I, the state fire marshal or the deputy fire marshal shall consider the written recommendations of the local fire chief and the local building inspector.
[Paragraph III effective July 1, 2027.]
III. The state fire marshal shall also be responsible for hearing appeals of any decision issued by the local fire chief, or the fire chief's duly authorized subordinates, in accordance with RSA 154:2, II. The state fire marshal shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the state fire marshal at the written request of one of the parties, and shall render a decision in writing within 30 days of the conclusion of the hearing. The review of the state fire marshal shall be de novo. The hearing shall not be bound by the formal rules of evidence, and the state fire marshal may consider the evidence in the record transmitted by the fire chief or such other relevant evidence as may be admitted by the state fire marshal. In considering the appeal, the state fire marshal may affirm, modify, or reverse any decision issued pursuant to RSA 154:2, II(b). Any party aggrieved by a decision of the state fire marshal may appeal that decision to the building code review board in accordance with RSA 155-A:11.