RSA 153:5 · State Fire Code; Rules

153:5 State Fire Code; Rules. –

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I.

Notwithstanding RSA 21-G:9, II(b), the fire marshal, with the board of fire control, may adopt rules with the approval of the commissioner of safety, which shall be exempt from RSA 541-A, to amend the state fire code described in RSA 153:1 to the extent the board deems such amendments are necessary, provided that any such amendments are ratified by the adoption of appropriate legislation within one year of their adoption. If such amendments are not ratified, then the amendments shall expire at the end of the one-year period.

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II.

With the approval of the commissioner of safety, the state advisory board of fire control is authorized, pursuant to RSA 541-A, to adopt rules governing its procedures of operation. The board shall meet to review and assess the application of the state fire code and shall recommend legislation, as the board deems necessary, to modify the requirements of the state fire code, in order to provide consistency with the application of other laws, codes, or regulations, giving due consideration to the economic impact and costs of such amendment, and to promote public safety and best practices.

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III.

The state fire code and associated rules shall not require automatic fire suppression or sprinkler systems in detached one, or 2-family dwelling units in a structure used only for residential purposes. III-a. For all dwellings, including multi-unit dwellings, electric grills with a safety certification from a nationally recognized testing laboratory, such as Underwriters Laboratories (UL), shall not be considered open flame cooking devices under the state fire code.

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IV.

The state fire marshal may exempt a building, structure, or equipment from such rules if he or she finds that such exemption does not constitute a hazard to the public welfare and safety. A reasonable time, as determined by the state fire marshal, shall be allowed to make necessary alterations. Nothing in this section shall be construed to prevent municipalities from adopting bylaws or ordinances relative to a subject area of rules adopted by the state fire marshal in accordance with this section if such bylaws or ordinances are no less restrictive than rules adopted by the state fire marshal. However, counties, towns, cities, and village districts shall not adopt rules, regulations, or ordinances that are more stringent than the state fire code relative to residential sprinkler systems. [Paragraph V effective until July 1, 2026; see also paragraph V set out below.]

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V.

The state fire marshal, and the local fire chief, in accordance with RSA 154:2, shall use the state fire code, including rules adopted under paragraph I, and any local codes adopted in accordance with RSA 47:22 or RSA 155-A:3, for the purposes of new construction, additions, and alterations. It is the intent of the legislature to avoid conflicts in the adoption and application of the state building code and the state fire code. [Paragraph V effective July 1, 2026; see also paragraph V set out above.]

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V.

The state fire marshal, and the local fire chief, in accordance with RSA 154:2, shall use the state fire code, including rules adopted under paragraph I, and any local ordinances or regulations adopted by the local legislative body for the purposes of new construction, additions, and alterations. It is the intent of the legislature to avoid conflicts in the adoption and application of the state building code and the state fire code. Local municipal ordinances or regulations to allow for administrative amendments to the state fire code shall be permitted. Amendments to the state fire code implementing the issuance of permits and the collection of fees or other administrative functions shall be reserved for the municipalities, provided they are not less stringent than the state fire code and reviewed pursuant to RSA 153:4-a, II. No amendments to the technical requirements of the state fire code are permitted.

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VI.

The provisions of the state fire code and associated rules shall not supersede the authority of local land use boards under planning and zoning provisions of Title LXIV of the RSA to regulate and permit driveway access, when not governed by RSA 236:13, for detached one or two-family dwelling units in a structure used only for residential purposes, and provided that minimum driveway width shall not be less than 12 feet for driveways over 150 feet in length. Before issuing the approval, the local land use boards shall give due consideration to any written recommendations of the municipal fire chief regarding fire department access, to include width, vertical clearance, grade, suitability of road surface, bridges, dead-ends, and the ability to pass and turn around once in the driveway.

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VII.

Residential cabins in youth recreation camps as defined in RSA 170-E:55 shall meet the applicable existing chapter in the state fire code, provided however, that no new or renovated structures used as youth recreation camp cabins shall require automatic sprinkler systems. For purposes of this section only, all new residential facilities for youth summer recreation camps shall be limited to 2 stories above grade. Source. 1947, 251:1, par. 5. 1949, 141:1. RSA 153:5. 1955, 190:8. 1971, 486:4. 1975, 442:4. 1977, 361:2. 1983, 320:1. 1985, 347:6. 1991, 290:1. 1994, 46:1. 2010, 282:1. 2012, 242:5, eff. June 18, 2012. 2017, 129:1, eff. Aug. 15, 2017. 2023, 187:1, eff. Oct. 3, 2023. 2024, 324:1, eff. Oct. 1, 2024. 2025, 227:2, eff. Sept. 13, 2025; 276:1, eff. July 1, 2026.

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