NEW
HAMPSHIRE FIRE STANDARDS AND TRAINING COMMISSION
33
Hazen Drive
Concord,
NH 03305
Telephone: (603) 271-2661
CHAPTER
Fire 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 21-P:27
Revision Note:
Document
#12225-A, effective 6-28-17, adopted, readopted, readopted with amendments, and
repealed rules in Chapter Fire 100 and adopted, readopted, and readopted with
amendments rules in Chapter Fire 200, which required extensive renumbering of
the former rules in Part Fire 101 and Chapter Fire 200.
The definitions
of “certification” in Fire 101.03, “curricula” in Fire 101.08, “mental
disorder” in Fire 101.18, “mentor” in Fire 101.19, and “student” in Fire 101.25
were adopted. The existing definitions
of “days” in Fire 101.10, “fire service personnel” in Fire 101.16, and “module”
in Fire 101.19 were readopted and renumbered, respectively, as Fire 101.09,
Fire 101.15, and Fire 101.20. The
definitions of “agency” in Fire 101.01, “certified career fire fighter’ in Fire
101.04, “course coordinator” in Fire 101.09, and “training coordinator” in Fire
101.25 were repealed. The other existing
definitions were readopted with amendment and renumbered.
The rules in
Document #12225-A will not expire except pursuant to RSA 541-A:17, II. Document #12225-A replaces all prior filings
for rules in the former Fire 100 and Fire 200.
The prior filings affecting the former Fire 101 on definitions include
the following documents:
#2013, eff
5-5-82, EXPIRED 5-5-88
#5726, eff
10-21-93, EXPIRED 10-21-99
#6526, eff
6-25-97
#6883, eff
11-17-98
#7144, INTERIM,
eff 12-2-99, EXPIRED 3-31-00
#7331, eff 8-1-00
#8026, eff 1-12-04
#9319-A,
eff 11-12-08
PART
Fire 101 DEFINITIONS
Fire 101.01 “Appointment” means the act of officially
assigning a person to a fire service personnel position in a fire department or
fire-related state agency.
Source. (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.02 “Candidate” means a person who has made
application for appointment to a fire service personnel position in a fire
department or fire-related state agency.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire
101.03 "Certification" means
official confirmation by the commission of a person that has successfully
completed all required components of a curriculum and certification testing.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A,
eff 6-28-17
Fire 101.04 “Chair” means presiding
officer of the commission.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.05 “Commission” means the New Hampshire fire
standards and training commission, as defined in RSA 21-P:25, II(a).
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.06 “Complaint” means any submitted written
petition which protests an action of any
person in a fire service personnel position who holds a certification issued by
the commission, where a remedy regarding the person’s certification or rights
under these rules is available.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.07 “Course” means the entire progression of
training, consisting of one or more modules, leading to a person achieving
certification by the commission at a particular level.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.08 “Curricula” means the combination of subject
matter, learning objectives, instructional methodology, testing procedures and
other specifications established for courses approved by the commission in accordance
with Fire 402.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.09 “Days” means working days excluding
Saturdays, Sundays, or state legal holidays.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7144, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7331,
eff 8-1-00; (See Revision Note at
chapter heading for Fire 100) #12225-A, eff 6-28-17 (from
Fire 101.10)
Fire 101.10 “Director” means
the director of the division of fire standards and training and emergency
medical services of the department of safety, as defined in RSA 21-P:25, II(b).
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.11 “Discharge” means the
hiring authority’s dismissal of a person from a fire service personnel
position.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.12 “Division” means the division of fire
standards and training and emergency medical services of the department of
safety.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.13 “Effective date” means the date on which
action was taken concerning an appointment, a death, a promotion, retirement,
or termination of a person in a fire service personnel position.
Source (See Revision Note at chapter heading for
Fire 100) #12225-A, eff 6-28-17
Fire 101.14 “Fire department” means the legally
constituted municipal or privately incorporated entity that provides services
such as, but not limited to, fire suppression, fire prevention, rescue,
hazardous materials, emergency medical care, fire investigation, and fire or
building inspections in the state, county, municipality, organized fire
district, or area.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.15 “Fire service personnel” means “fire service
personnel” as defined in RSA 21-P:25, II(c).
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.16 “Full-time career fire service personnel”
means permanent fireman as defined in RSA 100-A:1, VIII.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.17 “Hiring authority” means any legally
designated official(s) of a private, incorporated, or unincorporated entity or
body politic that authorizes the appointment of fire service personnel.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.18 “Mental health condition”
means a condition defined in the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association, Fifth Edition, Text Revision
(DSM-5-TR)(2022), available as provided in Appendix B, diagnosed by a
psychologist or psychiatrist, based upon mental status examination or
psychological testing.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17; ss by #14171, eff 1-10-25
Fire 101.19 “Mentor” means an instructor who has been
trained to properly evaluate education methodology.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.20 “Module” means a specific area of instruction
which is a part of a course leading to certification.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.21 “Petition” means any of the following:
(a)
A written request submitted to the commission complaining of the actions of a person in a fire service personnel
position where a remedy regarding that
person’s certification or rights under these rules is available;
(b)
A written request submitted to the commission to adopt, amend, or repeal
a rule; or
(c)
A written request submitted to the commission for a declaratory ruling.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.22 “Promotion” means a raise in rank or a change
authorized by a hiring authority in a fire service personnel position which
allows for increased duties and responsibilities.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.23 “Resignation” means when a person gives up a
fire service personnel position or related office.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.24 “Subject matter expert” means a person who
possesses a specialized expertise in a particular subject area and who has met
the requirements of these rules to teach only in that particular
area.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire
101.25 “Student” means a person enrolled
and participating in an approved New Hampshire fire standards and training
course or related module.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.26 “Termination” means resignation or discharge
of a person from a fire service personnel position.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
Fire 101.27 “Training outline” means the written
compilation of the curricula information regarding a module or course which is
approved by the commission in accordance with these rules.
Source (See
Revision Note at chapter heading for Fire 100) #12225-A, eff 6-28-17
PART Fire 102 COMMISSION
Fire 102.01 Composition of the Commission. Pursuant to RSA 21-P:26, the commission
consists of the commissioner of safety or designee, the commissioner of
education or designee, the attorney general or designee, the chief of the
forest protection, the director of the division of fire standards and training
and emergency medical services, the director of the division of fire safety and
10 members, appointed by governor and executive council for a term specified by
law.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7144, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7331,
eff 8-1-00
New. #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (See Revision Note at chapter heading for Fire 100)
Fire 102.02 Duties of the Commission. The
responsibilities of the commission include:
(a)
Adopting rules pursuant to RSA 21-P:27;
(b)
Establishing minimum educational and training standards for employment
as full-time career fire service personnel;
(c)
Establishing minimum selection standards for full-time career fire
service personnel;
(d)
Establishing educational and training standards for fire service
personnel;
(e)
Certifying fire service personnel as meeting the educational and
training standard;
(f)
Holding hearings as required by RSA 21-P:29, III(c); and
(g)
Any other duty or power specified by statute.
Source #7331,
eff 8-1-00; ss
by #12225-A, eff 6-28-17 (See
Revision Note at chapter heading for Fire 100)
PART Fire 103 ACCESS TO INFORMATION
Fire 103.01 Requests for Information.
(a)
Requests for information from the commission shall be sent to the:
Director, Division
of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305.
(b)
Public records, not otherwise declared confidential by law, shall be
available for inspection by appointment.
(c)
A person who receives copies of documents in response to a request
pursuant to (a) above, shall be assessed the fee, as provided in RSA 91-A:4,
IV.
Source #7331,
eff 8-1-00; amd by #9319-A, eff 11-12-08; ss by
#12225-A, eff 6-28-17 (See Revision Note at chapter heading for Fire 100)
CHAPTER Fire
200 PETITIONS AND HEARING PRACTICE AND
PROCEDURES
Revision Note:
Document
#12225-A, effective 6-28-17, adopted, readopted, readopted with amendments, and
repealed rules in Chapter Fire 100 and adopted, readopted, and readopted with
amendments rules in Chapter Fire 200, which required extensive renumbering of
the former rules in Part Fire 101 and Chapter Fire 200. The source note information for the rules in
Fire 200 applies to the rules with the former rule number indicated in the
source notes.
The rules in Document #12225-A will
not expire except pursuant to RSA 541-A:17, II. Document #12225-A replaces all prior filings
for rules in the former Fire 100 and Fire 200.
PART Fire 201 GENERAL PROVISIONS FOR PETITIONS AND HEARINGS
Fire 201.01 Applicability. This part shall apply to all petitions and
where a hearing is required by law.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (See
Revision Note at chapter heading for Fire 200)
Fire
201.02 Presiding Officer.
(a) The chair, with the advice and consent of a majority of the commission, shall appoint as designee any
member of the commission to act as the presiding officer, when necessary to aid
in the efficiency and integrity of the hearing.
(b)
A presiding officer shall, at any stage of the hearing process, withdraw
from a case if he or she:
(1) Presently, or in the past, has had a personal
or business relationship with a party, witness or attorney that could hinder
him or her from arriving at an impartial decision on the issue(s); or
(2) Cannot render an impartial decision for any
other reason.
Source #12225-A,
eff 6-28-17 (See Revision Note at chapter heading for Fire 200)
Fire 201.03 Waiver. The commission or presiding officer, upon his
or her own initiative or upon the motion of any party, shall suspend or waive
any requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the commission than would adherence to a particular
rule or procedure.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.02) (See Revision Note at chapter heading for Fire 200)
Fire 201.04 Computation of Time Periods. In
computing any period of time prescribed or allowed by
these rules or RSA 21-P:27:
(a) The day of the act, event, or default after
which the designated period of time begins to run
shall not be included; and
(b) The last day of the period so computed shall
be included unless it is a Saturday, Sunday, or state legal holiday, in which
event the period shall extend until the end of the next day that is not a
Saturday, Sunday, or state legal holiday as specified in RSA 288.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.03) (See Revision Note at chapter heading for Fire 200)
Fire 201.05 Filing of Documents.
(a)
Each petition shall be in
writing, signed, and shall accurately describe
the nature of the petition and the relief sought.
(b)
All petitions, motions, replies, answers, notices, and other pleadings
relating to any petition shall, if mailed or hand-delivered, be addressed to:
Chair, Fire
Standards and Training Commission
c/o Director,
Division of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(c)
All documents shall be deemed to have been filed when received by the
director.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.04) (See Revision Note at chapter heading for Fire 200)
Fire 201.06 Action on Petitions.
(a)
Upon receipt, all petitions or other documents shall be forwarded by the
director to the chair.
(b)
Within 60 days of receipt by the director, the chair shall examine the
petition and notify the petitioner of any apparent errors or omissions. The petitioner may resubmit the completed
petition within 30 days of the receipt of the chair’s or presiding officer’s
notification. The commission shall deny
in writing any untimely petitions.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.05) (See Revision Note at chapter heading for Fire 200)
PART Fire 202 PETITIONS OF COMPLAINT
Fire 202.01 Investigations of Complaints. The chair shall consult with the director and
appoint staff member(s) of the division to investigate
any complaint submitted by petition to the commission. Should the complaint pertain to any staff
member of the division, the chair shall consult with the commissioner of the
department of safety to coordinate the investigation. The investigator(s) shall report their
findings and recommendations to the chair or presiding officer within 60 days
of receipt of a complaint or petition.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.06) (See Revision Note at chapter heading for Fire 200)
Fire 202.02 Informal Settlements and Uncontested Cases.
(a)
The chair or presiding officer is authorized to engage in
non-adjudicative processes for the purposes of settling a complaint or petition
to determine if settlement can be reached without a hearing.
(b)
The chair or presiding officer shall, if needed, schedule one or more
informal prehearing conferences, pursuant to RSA 541-A:31, V.
(c)
No party shall be required to utilize informal procedures when a hearing
is required.
(d)
In the event a proposed informal settlement is reached, the chair or
presiding officer shall advise the commission of the nature of the proposed
settlement, which shall be approved by a majority of
the commission prior to the settlement being entered.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.07) (See Revision Note at chapter heading for Fire 200)
Fire 202.03 Contested Cases.
(a)
In the event a complaint petition is considered a contested case which
cannot be settled under Fire 202.02, and a hearing is scheduled, all parties
shall be notified of the:
(1) Time, place, and nature of the hearing;
(2) Statutory authority under which the hearing
is to be held;
(3) Particular sections of the statutes or rules
involved;
(4) Issues involved;
(5) Right to have an attorney present to
represent the party at the party’s expense; and
(6) Right to have the commission provide a
certified shorthand court reporter at the party’s expense.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.08) (See Revision Note at chapter heading for Fire 200)
Fire 202.04 Continuances.
(a)
The presiding officer shall grant up to a 30-day extension of time to
schedule a hearing pursuant to RSA 21-P:27 if a party:
(1) Is absent from the jurisdiction;
(2) Has a serious illness;
(3) Is incarcerated;
(4) Has had a death in his or her family; or
(5) Other good cause shown.
(b)
All requests for continuances shall:
(1) Be in writing;
(2) Be submitted to the presiding officer at
least 5 working days before the scheduled hearing; and
(3) Include:
a. The reason for the request; and
b. Optional dates when the party shall be
available.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.09) (See Revision Note at chapter heading for Fire 200)
Fire 202.05 Representation of Parties.
(a)
Parties may be represented:
(1) Pro se;
(2) By legal counsel; or
(3) Pursuant to RSA 311:1.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.10) (See Revision Note at chapter heading for Fire 200)
Fire 202.06 Discovery.
(a)
Parties shall be provided with all documents and records requested
relative to the issues raised by the request for hearing no later than 5
working days prior to the hearing date.
(b)
All discovery requests shall be in writing and shall be honored unless
the presiding officer rules that the request is not relevant to an issue(s).
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.11) (See Revision Note at chapter heading for Fire 200)
Fire 202.07 Role of Complainants. Unless called as witnesses or granted party or intervenor status, a person
who initiates an adjudicative proceeding by complaining to the commission about
the conduct of a person who becomes a party shall have no role in any
enforcement or disciplinary hearing and is not a party.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.12) (See Revision Note at chapter heading for Fire 200)
Fire 202.08 Intervenors. If a person meets the criteria of RSA
541-A:32, that person shall be allowed on motion to intervene in any action
before the presiding officer.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.13) (See Revision Note at chapter heading for Fire 200)
Fire 202.09 Division Staff. Division staff who have been designated by
the chair to investigate and present the commission’s case shall fully
participate in the hearing. Other
division staff shall have no role in the hearing unless called as a witness.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.14) (See Revision Note at chapter heading for Fire 200)
Fire 202.10 Motions.
(a)
All motions shall be submitted in writing unless presented orally at the
hearing.
(b)
The presiding officer shall rule on a motion when made or shall advise
parties present that the motion shall be taken under advisement.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.14); ss by #12225-A, eff 6-28-17 (formerly Fire
201.15) (See Revision Note at chapter heading for Fire 200)
Fire 202.11 Oaths or Affirmations.
(a)
An oath or affirmation shall be administered to each witness by the
presiding officer prior to receiving testimony in a hearing.
(b)
Interpreters shall have an oath or affirmation administered to them to
truthfully and accurately translate all questions asked and answers given.
(c)
Once a witness has been sworn or affirmed at any hearing, it shall not
be necessary for him or her to be sworn or affirmed again for subsequent
testimony on the same day and in the same case.
The record of the proceeding shall indicate that a person was recalled
to testify, and reminded that he or she was still
under oath or affirmation.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.15); ss by #12225-A, eff 6-28-17 (formerly Fire
201.16) (See Revision Note at chapter heading for Fire 200)
Fire 202.12 Applicable Rules of Evidence.
(a)
The following shall govern the introduction and admissibility of
evidence at hearings:
(1) Hearings shall not be bound by the rules of
evidence;
(2) All relevant and material evidence shall be
admissible;
(3) Evidence shall include but not be limited to:
a. Depositions;
b. Affidavits;
c. Official documents; and
d. Testimony of witnesses;
(4) The presiding officer shall exclude any
irrelevant, immaterial, or unduly cumulative or repetitious evidence; and
(5) Applicable statutory and constitutional
provisions and immunities requiring exclusion of evidence shall be recognized
provided however, that nothing contained herein shall prohibit a party from waiving his or her privilege or immunity.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.16); ss by #12225-A, eff
6-28-17 (formerly Fire 201.17) (See Revision Note at chapter heading for
Fire 200)
Fire 202.13 Burden of Proof and Standard of Proof. The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.16); ss by #12225-A, eff
6-28-17 (formerly Fire 201.18) (See Revision Note at chapter heading for
Fire 200)
Fire 202.14 Proposed Findings of Fact and Conclusions
of Law.
(a)
Any party may submit proposed findings of fact and conclusions of law to
the presiding officer prior to or at the hearing.
(b)
Upon request of any party, or if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and
conclusions of law.
(c)
In any case where proposed findings of fact and conclusions of law are
submitted, the decision shall include rulings on the proposals.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08; ss
by #12225-A, eff 6-28-17 (formerly
Fire 201.19) (See Revision Note at chapter heading for Fire 200)
Fire 202.15 Rendering a Decision.
(a)
A commission member shall not participate in making a
decision unless he or she personally heard the testimony in the case,
unless the matter’s disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(b)
If a presiding officer has been delegated the authority to conduct a
hearing in the absence of a majority of the commission who are to render a
final decision, the presiding officer shall submit to the commission a written
proposal for decision, which shall contain a statement of the reasons for the
decision and findings of fact and rulings of law necessary to the proposed
decision.
(c)
If a proposal for decision in a matter not personally heard by a
commission member is adverse to a party to the proceeding
other than the commission itself, the commission shall serve a copy of the
proposal for decision on each party to the proceeding and provide an
opportunity to file exceptions and present briefs and oral arguments to the
commission.
(d)
A proposal for decision shall become a final decision upon its approval
by the commission.
(e)
All decisions shall be reached on the basis of
a preponderance of the evidence.
(f)
The commission shall keep a decision on file in its records for at least
5 years following the date of the final decision or the date of the decision on
any appeal, unless the director of the division of records management and
archives of the department of state sets a different retention period pursuant
to rules adopted under RSA 5:40.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.18); ss by #12225-A, eff 6-28-17 (formerly Fire
201.20) (See Revision Note at chapter heading for Fire 200)
Fire 202.16 Record.
(a)
The record in a contested case shall include:
(1) All notices, pleading, motions, orders and
rulings;
(2) All evidence received or considered;
(3) A statement of any matter officially noticed;
(4) Objections and rulings on questions, and
offers of proof;
(5) Proposed findings and exceptions;
(6) Any decision, opinion, or report by the
presiding officer at the hearing;
(7) All staff memoranda
or data submitted to or considered by the presiding officer before making the
decision;
(8) The tape recording or stenographic notes or
symbols prepared for the presiding officer at the hearing, together with any
transcript of all or part of the hearing considered by the presiding officer
before making the decision; and
(9) Matters placed on the
record after an ex parte
communication.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.19); ss by #12225-A, eff
6-28-17 (formerly Fire 201.21) (See Revision Note at chapter heading for
Fire 200)
Fire 202.17 Transcripts.
(a) There shall be an audio recording
of all hearings and all parties who are present shall be so
notified.
(b)
A copy of the recording, pursuant to RSA 541-A:31, VII, shall be made
available on written request by a party.
(c)
All written requests for audio recordings or transcripts shall include
the following:
(1) Name and address of the party making the
request;
(2) Date of the hearing;
(3) Name of the presiding officer; and
(4) Docket number of the
hearing.
(d)
A party may request, in writing, a transcript of the hearing if all
reasonable costs for transcription are paid first.
(e)
The commission shall retain a copy of hearing recordings for at least 60
days.
(f)
Any person attending a hearing may tape or otherwise record the
hearing. The presiding officer shall
notify all parties present that the record is in addition to the official
record being made by the commission.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08
(from Fire 201.20); ss by #12225-A, eff
6-28-17 (formerly Fire 201.22) (See Revision Note at chapter heading for
Fire 200)
Fire 202.18 Reopening of Cases.
(a)
A case shall be reopened whenever:
(1) A party alleges the existence of
newly-discovered material evidence which due diligence would not have
discovered prior to the hearing; or
(2) A party alleges any material error, omission,
misconstruction of applicable statutes or rules or misrepresentation of
applicable precedents.
(b)
A request to reopen a case shall be in writing, and
shall be filed within 30 days of the issuance of the decision. It shall outline newly discovered evidence or
an allegation of material error, omission, or misconstrued statutes, rules, or
misrepresentation of applicable precedents.
(c)
A request to reopen a case shall be denied if it is determined that the
request is:
(1) Made solely to obtain a delay in the
disposition of the case; or
(2) Not in compliance with this section.
Source #9319-A,
eff 11-12-08 (from Fire 201.21); ss by
#12225-A, eff 6-28-17 (formerly Fire 201.23) (See Revision Note at chapter
heading for Fire 200)
Fire 202.19 Appeal of Administrative Action. The result of an administrative action shall
remain in full force and effect, pending the outcome of the appeal or
expiration of the sanction imposed.
Source #9319-A,
eff 11-12-08 (from Fire 201.22); ss by
#12225-A, eff 6-28-17 (formerly Fire 201.24) (See Revision Note at chapter
heading for Fire 200)
PART Fire 203 PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF
A RULE
Fire 203.01 Petitions for Rulemaking.
(a)
Any person may request the commission to commence a proceeding for the
purpose of adopting, amending, or repealing a rule by filing a petition.
(b)
The petition for rulemaking shall contain the following:
(1) The text of the proposed rule or a statement
of the results intended by the petitioner to flow from the implementation of
the proposed rules; or
(2) If the petitioner proposed to amend or repeal
an existing rule, an identification of the particular rule
sought to be amended or repealed.
(c)
Petitions shall be filed in accordance with Fire 201.05.
(d)
The petition shall be granted if the commission determines:
(1) The commission has rulemaking authority
pursuant to RSA 21-P:27 or RSA 541-A;
(2) The petition clearly identifies issues which
require rulemaking;
(3) There is not an existing rule which addresses
the issues raised in the petition; and
(4) The petition is consistent with RSA 21-P:27
and any applicable case law.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08;
ss by #12225-A, eff 6-28-17 (formerly
Fire 202.01) (See Revision Note at
chapter heading for Fire 200)
Fire 203.02 Commission Action Upon Adoption, Amendment
or Repeal of a Rule Petition. Within
30 days of filing, the commission shall, in writing, grant or deny a petition
for rulemaking. If the petition is
denied, the commission shall state the reasons in the letter denying the
petition. If the petition is granted,
the commission shall commence rulemaking proceedings as prescribed by law.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-A, eff 11-12-08;
ss by #12225-A, eff 6-28-17 (formerly
Fire 203.02) (See Revision Note at
chapter heading for Fire 200)
PART Fire 204 DECLARATORY RULINGS
Fire 204.01 Petitions for Declaratory Rulings.
(a)
Any person may file a petition requesting a declaratory ruling from the
commission on the following matters:
(1) Any statutory provision that vests authority
in the commission;
(2) Any rule of the commission; or
(3) Any order of the commission.
(b)
The petition for a declaratory ruling shall contain the following
information:
(1) The exact ruling being requested;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law;
(3) Interest of the petitioner; and
(4) The petitioner’s name and mailing address.
(c)
Petitions shall be filed in accordance with Fire 201.05.
Source
#9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 203.01) (See
Revision Note at chapter heading for Fire 200)
Fire 204.02 Commission Action Upon Petition. Within 60 days of filing, the commission
shall respond to the petitioner in writing.
If the commission grants the petition, the commission shall provide its
ruling to the director of legislative services as required by law. The
commission shall reject the petition if it is inadequate or beyond the scope of
the commission’s authority as specified in RSA 21-P:27.
Source
#9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17) (See Revision Note at chapter heading for Fire 200)
PART Fire 205 RULEMAKING HEARINGS
Fire 205.01 Scope.
This part shall apply to rulemaking hearings required pursuant to RSA
541-A:11.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.01) (See
Revision Note at chapter heading for Fire 200)
Fire 205.02 Notice. The commission shall cause to be published in
the New Hampshire Rulemaking Register a notice of its intent to hold a
rulemaking hearing pursuant to RSA 541-A:6.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.02) (See
Revision Note at chapter heading for Fire 200)
Fire 205.03 Presiding Officer.
(a) The hearing shall be presided over by the
chair of the commission or his or her designee.
(b) The chair or designee
shall:
(1) Determine whether a quorum of the commission
is present for the hearing;
(2) Call the hearing to order;
(3) Cause a recording of the hearing to be heard;
(4) Recognize those who wish to be heard;
(5) Maintain order during the hearing; and
(6) Adjourn the hearing.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.03) (See
Revision Note at chapter heading for Fire 200)
Fire 205.04 Order of the Hearing.
(a) Any individual who wishes to testify at the
hearing shall provide his or her full name on a speakers list furnished by the
commission.
(b) Individuals shall be called to testify in the
order in which they signed up.
(c) Before adjourning the public hearing and
after all individuals who signed up have been heard, the chair or designee shall call for any new testimony from any new
speaker.
(d) When the chair or
designee has determined that no other individual
wishes to testify, he or she shall close the public hearing.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.04) (See
Revision Note at chapter heading for Fire 200)
Fire 205.05 Postponement and Continuations.
(a) The chair or designee shall postpone a
hearing to a later date, time or place in the event of:
(1) Inclement weather;
(2) A lack of quorum; or
(3) Determination by the commission that
postponement of the hearing shall facilitate greater participation by the
public.
(b) The chair or designee
shall continue a hearing to a later date, time or place in
the event that:
(1) The time allotted is not sufficient to give each individual who wishes to testify an opportunity to do
so; or
(2) A lack of a quorum due to unavoidable
absence.
(c) Notice of postponement or continuation of a
public hearing or of extension of the public comment period shall be provided
pursuant to RSA 541-A:11, III and IV(d).
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.05) (See
Revision Note at chapter heading for Fire 200)
Fire 205.06 Written Comments. Individuals may submit comments in writing or
electronic format to the commission on proposed rulemaking actions any time
from the time notice has been published until the end of the public comment
period as set forth in the notice of rulemaking.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.06) (See
Revision Note at chapter heading for Fire 200)
Fire 205.07 Copies of Tapes.
(a)
All hearings shall be recorded.
(b)
A copy of the recording may be requested by submitting a written request
to:
Fire Standards and
Training Commission
c/o Director of
Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(c) Pursuant to RSA 91-A:4, persons requesting a
copy of the recording shall pay the actual cost of duplication.
(d) Recordings of proceedings shall be preserved
for no less than 75 days from the conclusion of the hearing date.
Source #9319-A,
eff 11-12-08; ss by #12225-A, eff
6-28-17 (formerly Fire 204.07) (See
Revision Note at chapter heading for Fire 200)
PART Fire 206 EXPLANATION OF RULE
Fire 206.01 Request for Rule Explanation.
(a)
Within 30 days after the adoption of a rule, any interested person may
request the commission to issue a statement explaining the following:
(1) The principle
reason(s) for and against the adoption of a rule in its final form; or
(2) Reasons why the commission overruled
arguments and considerations relative to the rule.
(b)
Rule explanation requests shall be received and disposed of in the
following manner:
(1) Requests shall be submitted to the commission
at:
Chair, Fire
Standards and Training Commission
c/o Director,
Division of Fire Standards and Training and Emergency Medical Services
33 Hazen Drive
Concord, NH 03305
(2) When a request for rule explanation has been
received by the commission, the commission shall issue a statement responsive
to the request within 90 days. The
statement shall provide the information required by (a) above.
Source # 9319-B, eff 11-12-08, EXPIRED 11-12-16
New. #12225-A,
eff 6-28-17 (formerly Fire 205.01) (See Revision Note at chapter heading
for Fire 200)
CHAPTER Fire
300 CONDUCT OF MEETINGS
PART Fire 301 MEETINGS OF THE COMMISSION
Fire 301.01 Chair of the Commission. The chair shall delegate his or her duties to
the vice chair, or any other member of the commission, whenever he or she is
unable to perform his or her duties.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss by #12225-B, eff 6-28-17
Fire 301.02 Robert’s Rules of Order. Meetings shall be conducted in accordance
with “Robert’s Rules of Order, 11th Edition (2011)”, available as
provided in Appendix B.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17; ss by #12225-B, eff 6-28-17
Fire 301.03 Public Participation.
(a)
Parties wishing to bring issues to the attention of the commission
during a meeting shall first notify the division in writing at least 7 days
prior to the date of the scheduled meeting and state the nature of the issue
for inclusion on the commission’s agenda.
(b)
The chair shall request additional information if it will enable the
commission to accurately and completely address an
issue.
(c)
A person in attendance of a meeting of the commission who wishes to
raise an issue but has not complied with the notice requirement in (a) shall
request a waiver from the commission.
(d)
All requests for waivers shall be made orally and include the following:
(1) Person’s name; and
(2) Nature of the issue to be considered.
(e)
The chair shall waive the requirements of paragraph (a) if:
(1) The issue can be addressed given the time
available to the commission; and
(2) The commission has the resources available
necessary to respond to the issue.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire
400 MINIMUM STANDARDS FOR TRAINING AND
CERTIFICATION
PART Fire 401 GENERAL INFORMATION
Fire 401.01 Eligibility of Certification. Any
person shall be certified by the commission if:
(a) They successfully complete a commission
approved course; and
(b) They satisfactorily complete the commission
required certification testing.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 401.02 Methods of Completing Certification
Courses. Courses shall be provided
either in their entirety or in modules. Students shall complete courses, but
they may complete courses as a part of one program, or may complete the
required modules independently, except when prerequisite training is necessary
to ensure safety or successful completion, as designated in the training
curricula approved by the commission in accordance with Fire 402.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 401.03 Distinction Between Course Completion and
Certification.
(a)
Students may complete modules or courses leading to certification by
fulfilling all of the requirements specified in the
training outline approved by the commission in accordance with Fire 402. After completing these courses, the student
shall be eligible for certification testing.
(b)
Students shall only be certified by the commission upon fulfilling all
course requirements and satisfactory completion of practical and written
certification tests as designated by the commission in accordance with these
rules.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss
by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 402 CURRICULA
Fire 402.01 Commission Approval.
(a)
Pursuant to RSA 21-P:27, I, the commission shall make
a determination as to whether to approve curricula for courses based on
a review of a proposed training outline containing the information set forth in
Fire 402.03, which shall be provided for the entire course or in modules.
(b)
The commission shall provide a public review period as outlined in Fire
402.02 prior to final approval of all curricula.
(c)
Approval of curricula shall be by majority vote of the commission.
(d)
On approval or revision of curricula for a course or module, the date of
approval shall be printed on the cover sheet of each training outline and
signed by the chair, along with the words “approved by the New Hampshire Fire
Standards and Training Commission” and shall include the commission’s seal.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.02 Public Review. The commission, prior to any final vote
regarding minimum standards, selection procedures, or certification, shall
allow for public input in accordance with RSA 21-P:29, III.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.03 Minimum Information Required for Curricula
Approval.
(a)
For approval, curricula shall include, as a minimum, the following
information in the form of a written training outline:
(1) Subject area(s) covered;
(2) Required number of hours per subject area;
(3) General content of each subject area;
(4) Teaching methodology;
(5) Description of visual aids to be used, if
any;
(6) Description of reference material or
information to be used, if any;
(7) Required facilities;
(8) Terminal performance objectives, which means
the required demonstration by the student of the competencies required;
(9) Description of written and practical
certification tests;
(10) Statement that the proposed curriculum meets
nationally accepted standards;
(11) Instructor/student ratio;
(12) Minimum and maximum number of students;
(13) Prerequisites, if any; and
(14) List of equipment required.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 402.04 Curricula for Special Training Needs.
(a)
The commission shall allow the use of curricula other than that approved
under these rules if necessary to meet special training needs.
(b)
All curricula submitted pursuant to this section shall include
equivalent subject areas and terminal objectives as included in the approved
curricula.
(c)
All information specified in Fire 402.03 shall be submitted.
(d)
All items shall be submitted for approval to the commission no less than
60 days prior to the scheduled commencement of training.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 403 CERTIFICATION TESTING
Fire 403.01 Certification Testing Generally. At the completion of all courses leading to
certification, regardless of whether completed at one time or completed module
by module, a certification test shall be passed by the student prior to
necessary commission certification.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.02 Scope of Testing. Certification testing shall consist of any
combination of practical, oral, or written portions. A student shall expect to be tested on any
aspect of any course related performance objective.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08;
ss by #9319-B, eff 11-12-08
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.03 Minimum Scores Required.
(a)
A student shall correctly answer at least 70 percent of the questions on
all sections of written and oral tests in order to be
eligible for certification.
(b)
A student shall demonstrate the minimum proficiency established in each
terminal performance objective in a safe and efficient manner in order to be eligible for certification.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08;
ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.04 Commission Approval of Tests.
(a)
All written and practical tests shall be approved as determined in Fire
402.01(a).
(b)
Tests offered prior to final commission approval shall be deemed valid
for all purposes under these rules, with the exception of
any particular questions or objectives subsequently
rejected by the commission. In that event, the percentage answered correctly
shall be recalculated following removal of rejected questions or standards.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08;
ss by#9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.05 Administration of Testing. Testing for certification shall be
administered by the division staff.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08;
ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.06 Invalidation. Violation of commission procedures or rules
that affect the score given to a test shall result in the invalidation of the
test.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08;
ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 403.07 Retesting.
(a)
Tests for certification may be taken and failed 2 times after which the
student shall complete the retraining recommended by the director and approved
by the commission.
(b)
After completion of the retraining recommended by the director and
approved by the commission the student may retake the test 2 more times.
Source #7332, eff 8-1-00; ss by #9218, INTERIM, eff 8-1-08;
ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 404 INSTRUCTORS
Fire 404.01 General Requirements for Instructors.
(a) Approval for all curricula for the
instructor certification program shall be determined in accordance with Fire
402.
(b)
All instructors teaching courses approved by the commission shall be
state instructors.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.02 Initial Minimum Standards for State
Instructors.
(a)
All state instructors shall:
(1) Be certified in the course, level, or module
to be taught;
(2) Have completed an approved educational
methodology course, pursuant to Fire 402.03, which includes a module on
instructing students with adult learning disabilities;
(3) Student teach under
the supervision of an assigned mentor who shall document the student teaching
hours and determine teaching proficiency; and
(4) Have at least one mentor recommend
the student to the commission for designation as a state instructor.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.03 Performance Evaluations.
(a)
Upon receipt of a complaint, state instructors shall be evaluated by an
assigned mentor who shall document the instructor teaching and determine
teaching proficiency.
(b)
As a result of a negative performance evaluation, the commission shall
require the state instructor to successfully complete any of the following or
combination of the following in order to maintain the
minimum standards required in Fire 404.02:
(1) Attendance at additional training;
(2) Student teaching under an assigned
supervising instructor; or
(3) Performance of other activities as deemed
necessary by the commission.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.04 State Instructors: Maintenance of Status.
(a)
In order to maintain status as a state instructor, a state instructor
shall:
(1) Have taught or assisted in a minimum of 3
courses in a 12-month period or
have participated
in a commission-approved continuing education program;
(2) Have not been sanctioned or suspended for
disciplinary action under Fire 500;
(3) Be current with all paperwork and have
completed such paperwork in a complete and timely fashion to the extent
necessary for effective administration of training programs; and
(4) Be in compliance with
all applicable commission rules.
(b)
A state instructor whose status has lapsed less
than 1 year may become current by successfully completing the requirements of
Fire 404.04(a).
(c)
A state instructor fire service instructor whose status has lapsed
greater than 1 year may become current by meeting the requirements outlined in
Fire 404.02 initial minimum standards for state instructors.
(d) A state instructor shall provide the
commission documentation of compliance with section (a)(1) and (a)(2) above
every two years.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 404.05 Subject Matter Experts.
(a)
Subject matter experts shall be approved only in the areas of their
specialization and shall not teach in any other commission-approved programs.
(b)
Subject matter experts shall be approved based on the resume,
reputation, and performance evaluation, and shall be required to demonstrate
proficiency.
(c)
Candidates shall submit to a performance
evaluation which shall include the following:
(1) An interview;
(2) Student teach under
the supervision of an assigned mentor who shall document the student teaching
hours and determine teaching proficiency; and
(3) Have at least one mentor recommend
the student to the commission for designation as a subject matter expert.
(d)
Subject matter experts shall meet the requirements of Fire 404.04(a), as
applicable.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 405 TRANSFER OF CREDIT AND CERTIFICATION
Fire 405.01 Reciprocity.
(a) Any person who has been certified in
any out-of-state jurisdiction may apply to the commission for certification
following Fire 405.02.
(b)
The commission shall recognize out-of-state certifications that are
accredited through a national or international accreditation organization as
having the certification in question.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11 12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 405.02 Reciprocity and Challenges.
(a)
A person may submit a petition for declaratory ruling to the commission
per Fire 204 to request credit for training received elsewhere.
(b)
The commission shall review the following factors in
order to determine whether to grant the person credit:
(1) Subject areas covered;
(2) Actual hours of instruction;
(3) Content of subject areas;
(4) Terminal performance objectives, which means
the required demonstration by the student of the competencies required; and
(5) Date of completion.
(c)
After reviewing (b)(1)-(5) above, the commission shall grant the person
credit if the other training meets or exceeds the commission’s established
curricula objectives, subject to section (d) below, or, if the commission
determines that training does not meet or exceed the commission’s own
established curricula objectives, the applicant may receive credit for that
training if he or she submits to additional training sufficient to meet the
curricula objectives, as determined by the commission.
(d)
The person shall complete the following:
(1) A written examination or oral examination in
the subject matter; or
(2) Skills performance examination.
(e)
The person shall be required to provide
documentation as is necessary to accurately assess the proficiency of the
person. Such documentation shall include certificates, diplomas, and performance in
courses taken.
(f)
The person may request in writing that the commission reconsider any
decisions rendered under this part within 30 days of the original
determination.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire 500 OWNERSHIP AND REVOCATION OF CERTIFICATES
PART Fire 501 OWNERSHIP AND
REVOCATION
Fire 501.01 Ownership of Certificates. All certificates and documents issued by the
commission shall remain the property of the commission and shall be returned to
the commission upon revocation or suspension.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 501.02 Suspension.
(a) After notice and opportunity for a hearing,
the commission shall, unless it has just cause to do otherwise as provided in
(c) below, order the suspension of certification if a person commits a
violation, after prior notice, of commission rules relative to him or her or
the fire personnel working or training under his or her control and his or her
direction.
(b) The provisions of Fire 200 shall apply to
hearings held under this subdivision.
.
(c) The commission shall not order suspension of
a certification if it finds just cause not to do so which includes:
(1) The charges against the fire
personnel were not proven by a preponderance of the evidence; or
(2) The violation is so minor
that a suspension would not have a deterrent or rehabilitative value.
(d) The suspension period shall be set for 90
days unless mitigating circumstances warrant a reduced suspension period.
(e) For the purposes of (d) above, mitigating
circumstances include:
(1) The lack of a prior
disciplinary record;
(2) The seriousness of the
violation;
(3) The certificate holder’s
acknowledgment of his or her wrongdoing;
(4) The purpose of the rule or
statute violated;
(5) The potential harm to public
health and safety; and
(6) The deterrent effect upon
other firefighters.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08,
EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 501.03 Revocation.
(a) After notice and opportunity for a
hearing, the commission shall, unless it has just cause to do otherwise as
provided in (c) below, order the revocation of certification for any of the
following reasons:
(1) The certification was
obtained by fraudulent means;
(2) The certificate was issued
through administrative error; or
(3) The person holding
certification is convicted of a felony.
(b) The provisions of Fire 200 shall apply to
hearings held under this subdivision.
(c) The commission shall not order revocation of
a certification if it finds just cause not to do so which includes the charges
against the fire personnel were not proven by a preponderance of the evidence.
Source #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire
600 MANDATORY STANDARDS AND NOTIFICATION
REQUIREMENTS FOR
FIRE SERVICE
PERSONNEL
PART Fire 601 NOTIFICATION REQUIREMENTS OF ALL APPOINTED
FULL-TIME CAREER
FIRE SERVICE
PERSONNEL
Fire 601.01 Fire Department Notification of Employment.
(a)
The hiring authority shall notify the commission of newly appointed
full-time career fire service personnel within 15 days of the appointment.
(b)
The notice required in (a) above shall be provided using the “Employee
Status Notification – Form A”, updated 2-2017.
(c)
The hiring authority shall certify the notice under penalty of unsworn
falsification under RSA 641:3, as follows: “The above named
firefighter satisfactorily meets the FST Commission’s minimum standards for
employment as a full-time firefighter, and the hiring authority certifies all
items in section 9 have been complied with. This form is signed subject to the
provisions of RSA 641:3 (Unsworn Falsification).”
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 601.02 Fire Department Notification of
Termination.
(a)
The hiring authority shall notify the commission within 15 days of any
retirement, termination, or resignation.
(b)
The notice required in (a) above shall be provided using the “Employee
Status Change Notification – Form B”, updated 2-2017.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART
Fire 602 NOTIFICATION REQUIREMENTS OF ALL FIRE SERVICE
PERSONNEL
Fire 602.01 Annual Submittal
of Fire Department Roster of Fire Service Personnel.
(a)
Fire departments shall validate with the commission their current roster of
all fire service personnel under their service
profile on www.respondnh.org by December 31st of each calendar year.
(b)
The roster shall contain the following information for each person
comprising the fire department’s fire service
personnel:
(1) Full legal name;
(2) Primary and
secondary job roles;
(3) Date of birth;
and
(4) Fire service status.
Source #12225-B, eff 6-28-17; ss by #14172, eff
1-10-25
CHAPTER Fire
700 MANDATORY STANDARDS FOR APPOINTMENT
OF FULL-TIME CAREER FIRE SERVICE PERSONNEL
PART Fire 701 MANDATORY HIRING STANDARDS
Fire 701.01 Full-time Career Fire Service Personnel
Entrance Requirement.
(a)
Fire departments, state agencies, or private
corporations providing fire or rescue services to the general
public
and hiring full-time career fire service personnel employees shall have minimum
entrance requirements as follows:
(1) The candidate shall have a
high school diploma or high school equivalency certificate, general education development;
(2) The candidate shall be at least 18 years of age; and
(3) The candidate shall be
either a United States citizen or shall have the unrestricted right to work in
the United States based upon the candidate’s valid immigration status,
including, if necessary for the candidate’s status type, a valid Federal
unrestricted employment authorization document.
(b) Before the candidate is employed, the hiring
authority shall conduct or cause to be conducted a background check to include at a minimum the existence of a criminal history record
and motor vehicle violation history record in New Hampshire.
(c) The candidate
shall not be employed if the candidate:
(1) Has been discharged from
the military service under other than honorable conditions, where the
circumstances, in the opinion of a reasonable person, would cast doubt on the
candidate’s fitness as a fire service personnel;
(2) Has been convicted of a
felony under federal law, or the law of this or any other state, province,
territory, or country, unless the candidate has been pardoned or the conviction
annulled;
(3) Has been convicted of a
misdemeanor by a civilian or military court and for which the candidate has not
received a pardon or annulment, which offense of the underlying circumstances
surrounding the commission thereof was such that it would cause a reasonable person to doubt the
candidate’s character, honesty, or ability;
(4) Has been convicted in a
civilian or military court of more than one misdemeanor or violations for which
the candidate has not received a pardon or annulment, and which would indicate to a
reasonable person a pattern of disregard for the law;
(5) Has a history of illegal
drug use, illegal drug manufacture, transport for sale, or sale of a controlled
substance that would cast doubt on the candidate’s ability to perform as a
firefighter;
(6) Has had fire certifications revoked from
jurisdictions other than the state of New Hampshire;
(7) Suffers from a mental health condition which would affect the candidate’s
ability to perform fire fighting duties;
(8) Has been discharged or
allowed to resign in lieu of termination with other employers for reasons of
moral character or moral turpitude for acts or omissions of conduct that would
cause a reasonable person to doubt the candidate’s
honesty or integrity; or
(9) Is found to have a general
character and reputation in the community that a reasonable person would doubt that the candidate would conduct themselves with honesty and integrity.
(d)
After written authorization is received from a
physician, the candidate shall pass the physical ability test described in Fire 702, unless the candidate has been placed in layoff status due
to a reduction in force and the current appointment is by the same hiring
authority.
(e) The candidate
shall complete a pre-employment medical evaluation as outlined in NFPA 1582 “Standard on
Comprehensive Occupational Medical Program for Fire Departments” (2022 Edition), available as provided in Appendix B. Based on the
medical evaluation, the hiring authority shall determine the candidate’s
ability to successfully and safely perform essential job tasks, as listed in
NFPA 1582 “Standard
on Comprehensive Occupational Medical Program for Fire Departments” (2022 Edition), available as provided in Appendix B, without posing a
significant safety or health risk to themselves, members, or civilians.
(f) The candidate
shall be orally interviewed by the hiring authority to determine the
candidate’s ability to communicate and how the candidate represents themselves
to others.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93; amd
by #6165, eff 1-5-96; ss by #7332, eff 8-1-00; amd by
#7642, eff 1-31-02; ss by #9218, INTERIM,
eff 8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17; ss by #14172, eff 1-10-25
Fire 701.02 Full-time Career Fire Service Personnel
Level of Training Required.
(a) Full-time career
fire service personnel shall, prior to completion of their first year of
appointment, be certified to any edition of the NFPA professional qualification
for firefighters at the Firefighter II level or
equivalent.
(b) The commission shall grant an extension to
the time limit set forth in Fire 701.02(a) for the completion of the training
program upon receipt of a written request from the hiring authority setting
forth the reasons therefor for good cause shown, provided that:
(1) Extensions of the time
limit for completion of the training program shall not exceed 2 years from the original date of appointment; and
(2) For the purposes of this
section, good cause shall include the unavailability of such a program, or a firefighter being unable to complete the training within the prescribed period
due to:
a. Illness
b. Injury;
c. Military service;
d. Special duty assignments made in the public interest; or
e. Other reasons outside of the firefighter’s
control.
(c) The requirements of
Fire 701.02(a) shall not apply when a full-time career fire
service personnel:
(1) Has previously met the
requirements of Fire 701.02(a); and
(2) Is placed in lay off status due to a reduction in
force.
Source #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff
8-1-00; ss by #7915, eff 7-2-03; ss by #9319-B, eff 11-12-08, EXPIRED:
11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17; ss by #14172, eff 1-10-25
PART Fire 702 PHYSICAL ABILITY TESTS REQUIREMENTS
Fire 702.01 Physical Ability Test. The candidate shall pass a physical ability
test, as set forth in the Fire Service Joint Labor Management Wellness/Fitness
Initiative’s “Candidate Physical Ability Test (CPAT)”, 2nd edition,
available as provided in Appendix B, in accordance with the current licensing
agreement to conduct CPAT. The physical
ability test shall be good for 26 months from the time the candidate
successfully completes the CPAT.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #7642, eff 1-31-02;
ss by #8164, eff 9-9-04; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
PART Fire 703
TRANSFERS/LAPSE IN SERVICE
Fire 703.01 Transfers.
(a) Any full-time
career fire service personnel, as defined in Fire 101.16, and employed by a New
Hampshire fire department, as defined in Fire 101.14, may transfer employment to another fire
department. Said hiring shall meet Fire 701.01(a), Fire 701.01(b), Fire
701.01(c), Fire 701.01(d), Fire 701.01(f), and Fire 701.02. The individual
shall have previously completed the requirements of Fire 702.01 or the physical
ability test in effect at the time of original appointment.
(b)
Any full-time
career fire service personnel that is placed in lay off
status due to a reduction in force shall have up to 26 months from the date of lay off to transfer to another fire department.
(c) Any full-time career fire service personnel,
as defined in Fire 101.16, and employed by a legally constituted municipal or privately incorporated entity that provides services such as, but
not limited to, fire suppression, fire prevention, rescue, hazardous materials,
emergency medical care, fire investigation, and fire or building inspections in
any state, county, municipality, organized fire district, or area may transfer
employment to a New Hampshire fire department. Said hiring shall meet Fire
701.01(a), Fire 701.01(b), Fire 701.01(c), Fire 701.01(d), Fire 701.01(e), Fire
701.01(f), and Fire 701.02. The individual shall have previously completed the
requirements of Fire 702.01 or the job-related physical ability and performance
test in effect at the time of original appointment upon approval by the
commission.
Source #7915, eff 7-2-03; ss by #9319-B,
eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17; ss by #14172, eff 1-10-25
Fire 703.02 Lapse in Service.
(a) The employment eligibility for a full-time career fire service personnel shall lapse if the
employee terminates employment and is not employed as a fire service personnel
within a period of 26 months after such termination.
(b) If the person who has lapsed is re-employed
as a full-time career fire service personnel after
their employment eligibility has lapsed, the hiring authority shall follow the hiring requirements
outlined in Fire 701.01 and Fire 701.02.
Source #12225-B, eff 6-28-17; ss by #14172, eff
1-10-25
PART Fire 704 WAIVERS
Fire 704.01 Request for Waiver.
(a)
A hiring authority may make a written request to waive any of the
minimum selection, educational, and training
standards for full-time career fire service personnel, except the provisions
contained within Fire 701.01(c). The request shall be made within 30 days of
the employment date for an employment position.
(b)
The request shall specify:
(1) What rule or
rules for which a waiver is requested;
(2) The reason for
waiver request;
(3) The information and signature required on
“Form A” in Fire 601.01;
(4) The current position
description; and
(5) The description of responsibilities relating
to emergency response and mitigation.
(c)
Waiver requests that do not meet the requirements of this rule shall be
returned to the hiring authority with a written explanation. A hiring authority
may resubmit a waiver request but it shall not stay
the tolling of the 30 days set forth in (a) above.
Source #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 704.02 Determination of Waiver.
(a)
The commission shall grant a request for a waiver if it determines that
the full-time fire service personnel position specified in Fire 704.01 does not
include emergency response and mitigation as its predominant responsibilities.
(b)
The commission shall deny a request for a waiver if:
(1) The request is untimely; or
(2) The commission determines that the fire
service position specified in Fire 704.01 includes emergency response and
mitigation as its predominant responsibilities.
(c)
Anyone aggrieved by a determination by the commission may request that
the commission reconsider any decisions rendered under this part within 30 days
of the original determination.
Source #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 704.03 Duration of Waiver. When a waiver is granted, it shall only be
valid while the employee granted a waiver in Fire 704.01 is employed in that
said position.
Source #8647, eff 6-2-06; ss by #9319-B, eff
11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire
800 ALLEGED CHEATING INCIDENTS, ALL
TESTS
PART Fire 801 ALLEGATIONS OF CHEATING
Fire 801.01 Students Caught Cheating. Any student caught cheating on any
examination shall have his or her test and training leading to certification
eligibility invalidated and shall forfeit the right to achieve
certification. The student shall be dismissed and not
allowed to complete any other phase of the procedure. The student’s fire department shall be
notified of the incident. This provision is in addition to any other discipline
available under Fire 500.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
Fire 801.02 Settlement of Cheating Complaints. Complaints regarding allegations of cheating
shall be handled as set forth in Fire 200 if the complaint could result in
suspension or revocation of a student’s existing certification(s).
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
CHAPTER Fire
900 COMMISSION APPROVED ENROLLMENT
REQUIREMENTS
PART Fire 901 STUDENT BACKGROUND REQUIREMENTS
Fire 901.01 Training Program Admittance Requirements. The commission shall require persons who are not members of New Hampshire fire
departments, state agencies, or units of government, to have a background check
to include, at a minimum, the existence of a criminal history record in New
Hampshire. Any person whose background
would disqualify him or her from attaining certification under Fire 501.03
shall be denied admittance to commission sponsored programs.
Source #2013, eff 5-5-82, EXPIRED: 5-5-88
New. #5726, eff 10-21-93, EXPIRED: 10-21-99
New. #7145, INTERIM, eff 12-2-99, EXPIRED: 3-31-00
New. #7332, eff 8-1-00; ss by #9218, INTERIM, eff
8-1-08; ss by #9319-B, eff 11-12-08, EXPIRED: 11-12-16
New. #12099, INTERIM, eff 2-2-17, EXPIRES: 8-1-17;
ss by #12225-B, eff 6-28-17
APPENDIX A
|
RULE |
STATUTE |
|
|
|
|
Fire 101.01 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.02 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.03 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.04 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7; RSA 541-A:16, I(a) |
|
Fire 101.05 |
RSA 21-P:25, II(a) |
|
Fire 101.06 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.07 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.08 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.09 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7; RSA 541-A:16, I(a) |
|
Fire 101.10 |
RSA 21-P:25, II(b) |
|
Fire 101.11 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.12 |
RSA 21-P:12-a |
|
Fire 101.13 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.14 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.15 |
RSA 21-P:25,
II(c) |
|
Fire 101.16 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
100-A:1, VIII |
|
Fire 101.17 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.18 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.19 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.20 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.21 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7; RSA 541-A:16, I(b)—(d) |
|
Fire 101.22 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.23 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.24 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.25 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.26 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 101.27 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:7 |
|
Fire 102.01 |
RSA 21-P:26; RSA 541-A:16, I(a) |
|
Fire 102.02 |
RSA 21-P:25, I; RSA 21-P:26; RSA
21-P:27; RSA 21-P:28; RSA 21-P:29 |
|
Fire 103.01 |
RSA 541-A:16, I(a); RSA 91-A:4, IV |
|
Fire
103.01(a) |
RSA
21-P:27, I(e);RSA 541-A:16, I(a); RSA 91-A:4, IV |
|
|
|
|
Fire 201.01 |
RSA 541-A:16, I(b) |
|
Fire 201.02 |
RSA 541-A:16, I(b) |
|
Fire 201.03 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(j) |
|
Fire 201.04 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(f) |
|
Fire 201.05 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(a) |
|
Fire 201.06 |
RSA 541-A:16, I(b) |
|
Fire 202.01 |
RSA 541-A:16, I(b) |
|
Fire 202.02 |
RSA 541-A:16, I(b); RSA 541-A:31, V |
|
Fire 202.03 |
RSA
541-A:16, I(b); RSA 541-A:31, III |
|
Fire 202.04 |
RSA 541-A:16,
I(b); RSA 541-A:30-a, III(h) |
|
Fire 202.05 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(b) |
|
Fire 202.06 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(c) |
|
Fire 202.07 – 202.09 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(g) |
|
Fire 202.10 |
RSA 541-A:16, I(b) |
|
Fire 202.11 |
RSA 541-A:33, I |
|
Fire 202.12 |
RSA 541-A:33, II |
|
Fire 202.13 |
RSA 541-A:16, I(b); RSA 541-A:30-a,
III(d) |
|
Fire 202.14 |
RSA 541-A:31, VI (c); 541-A:35 |
|
Fire 202.15 |
RSA 541-A:34-35; 541-A:30-a, III (e) |
|
Fire 202.16 |
RSA 541-A:16, I(b); RSA 541-A:31, VI |
|
Fire 202.17 |
RSA 541-A:31,VII; RSA 91-A:4, IV |
|
Fire 202.18 |
RSA 541-A:16, I(b); RSA 541-A:30-a, III(i) |
|
Fire 202.19 |
RSA 541-A:16, I(b); RSA 541:18 |
|
Fire 203 |
RSA 541-A:4; RSA 541-A:16, I(c) |
|
Fire 204 |
RSA 541-A:16, I(d) |
|
Fire 205 |
RSA 541-A:16, I(b) |
|
Fire 206 |
RSA 541-A:11, VII |
|
|
|
|
Fire 301 |
RSA 541-A:16, I(a) |
|
|
|
|
Fire 401.01 - 402.01 |
RSA 21-P:25, I; RSA 21-P:28, I(a) |
|
Fire 402.02 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
21-P:29, III |
|
Fire 402.01 |
RSA 21-P:25, I; RSA 21-P:27, II(b) |
|
Fire 402.03 - 404.05 |
RSA 21-P:25, I; RSA 21-P:28, I(a) |
|
Fire 405 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
21-P:29, II |
|
|
|
|
Fire 501 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
21-P:29, II |
|
|
|
|
Fire 601 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
21-P:29, I |
|
Fire 602 |
RSA 21-P:28, I(c) |
|
|
|
|
Fire 701 - 702 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
21-P:29, I |
|
Fire 703 - 704 |
RSA 21-P:25, I; RSA 21-P:28, I(a) |
|
|
|
|
Fire 801.01 |
RSA 21-P:25, I; RSA 21-P:28, I(a) |
|
Fire 801.02 |
RSA 21-P:25, I; RSA 21-P:28, I(a); RSA
541-A:30 |
|
|
|
|
Fire 900 |
RSA 21-P:25, I; RSA 21-P:28, I(a) |
APPENDIX B
MATERIALS INCORPORATED BY REFERENCE
|
Rule |
Title |
Obtain at: |
|
Fire 101.18 |
Diagnostic and
Statistical Manual of Mental Disorders of the American Psychiatric
Association, Fifth Edition, Text Revision (DSM-5-TR) (2022) |
American Psychiatric Association Publishing 800 Maine Avenue, S.W. Suite 900 Washington, DC 20024 Phone: 1-800-368-5777 Web site: www.appi.org Ordering and pricing options: Hardcover - 220.00 Softcover - 170.00 eBook - $136.00 for non-APA members and
$108.80 for members. |
|
Fire
301.02 |
Robert’s
Rules of Order, 11th Edition (2011). |
American
Legal Publishing One
West Fourth Street, 3rd Floor Cincinnati,
OH 45202 Telephone:
(800) 445-5588 Fax:
(513) 763-3562 $69.95
CD-ROM, excluding S&H |
|
Fire 701.01(e) |
National Fire
Protection Association (NFPA) 1582, “Standard on Comprehensive
Occupational Medical Program for Fire Departments,” 2022 Edition |
National Fire
Protection Association One Batterymarch Park Quincy, MA 02269 Phone:
1-800-344-3555 Web site: www.nfpa.org Ordering and
pricing options: Print
- $78.00; Digital access
with NFPA LiNK® – Plans starting at $11.99/month |
|
Fire
702.01 |
Candidate
Physical Ability Test, International Association of Fire Fighters, Fire
Service Joint Labor Management Wellness/Fitness Initiative, 2d Edition
(2007). |
Any
use of the CPAT is only allowed within the terms and conditions spelled out
in a licensing agreement, which must be strictly adhered to by all licensees.
While the IAFF may permit the reproduction and reprinting of the CPAT upon
request, this does not authorize the licensee to
reprint or reproduce, in whole or in part, the CPAT. Specific, written
permission is necessary from the IAFF in order to
reprint or reproduce the CPAT. CPAT license application information is
available at http://www.iaff.org/HS/CPAT/CPATApplication/form.htm |