reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:17 - Liability.

153-A:17 Liability. –
I. No approved emergency medical services training program nor any entity or person participating as part of an approved educational program, as authorized by this chapter, shall be liable for any civil damages as a result of teaching or following primary and continuing educational practices as taught to and practiced by enrolled students under proper supervision, unless guilty of gross or willful negligence.
II. No licensed emergency medical care provider who in good faith attempts to render emergency medical services authorized by this chapter at an emergency scene while en route to a place of employment shall receive any form of reprimand or penalty by an employer as a result of late arrival at the place of employment. An employer may request written verification from any such licensed emergency medical care provider, who shall obtain the written verification from either the police officer, fire officer, or emergency medical services personnel in charge at the emergency scene.
III. No person who is an emergency medical services instructor or assistant instructor employed or retained by the department of safety or who is an emergency medical services instructor or assistant instructor employed or retained by a hospital, nonprofit fire department or emergency medical service unit shall be held personally liable in any action to recover for personal injury, bodily injury, or property damage arising out of any act performed or occurring in the furtherance of such instructor's official educational or training duties and responsibilities. Nothing in this section shall affect the liability of such person for damages arising out of willful misconduct, gross negligence, or providing educational or training services while under the influence of drugs or alcohol.
IV. The department of safety, its employees, and individuals under contract to the department for the purpose of administering or proctoring examinations, either written or practical, shall be held harmless in any lawsuit alleging that the testing was insufficient, inappropriate, or in any way deficient, if carried out in accordance with rules adopted under RSA 153-A:20, VIII. This paragraph shall not hold harmless any individual charged with conducting written or practical examinations who is negligent in his or her actions.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:18 - Limitation of Liability for Failure to Obtain Consent.

153-A:18 Limitation of Liability for Failure to Obtain Consent. –
No licensed emergency medical care provider or any health professional shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical services to any person, regardless of age, where the person is unable to give consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to give consent to the providing of such care, provided that the licensed emergency medical care provider, or health professional, has acted in good faith without knowledge of facts negating consent.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:19 - Mutual Aid.

153-A:19 Mutual Aid. –
I. The system of emergency medical services in this state shall include provisions for appropriate system response to incidents beyond the resource capabilities of individual emergency medical service units available on a regular daily basis. Written mutual aid arrangements may be established with neighboring emergency medical services systems to insure integration of care and shall consider the role of nonemergency medical services public safety agencies, their roles, relationships, and responsibilities in standard operation. A written mutual aid arrangement shall specify who shall be responsible for the direction of medical care at the scene. In the absence of a written agreement, while in the performance of their duties extending emergency medical services in a mutual aid situation, emergency medical care providers shall be under the overall direction of the local authority having jurisdiction but subject to medical control, as defined under RSA 153-A:2, XIV, and such providers shall have the immunities and privileges as if performing the same duties within their respective service areas.
II. Any emergency medical service unit may enter into a mutual aid agreement with other emergency medical service units, within or outside the state, for purposes of rendering aid.
III. Nothing in this chapter shall be construed to prohibit any emergency medical service unit extending such aid from donating equipment and services and assuming the damage or loss to such equipment or personnel. Any mutual aid agreement may authorize the head of the emergency medical service unit to extend such aid, subject to such conditions and restrictions, as may be prescribed in the agreement.
IV. There shall be no liability imposed by law on the emergency medical service unit, on any municipality, or on the personnel of the emergency medical service unit, for failure to respond or to respond reasonably for the purpose of rendering aid under a mutual aid agreement. This immunity is not intended to be exclusive of other immunities existing by statute, or at common law.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:20-a - Emergency Medical and Trauma Services Protocols.

153-A:20-a Emergency Medical and Trauma Services Protocols. –
The commissioner shall adopt rules, which shall be exempt from the provisions of RSA 541-A, relative to protocols approved and issued by the emergency medical services medical control board for provision of emergency medical care, which shall address living wills established under RSA 137-J, durable powers of attorney for health care established under RSA 137-J, and patient-requested, physician generated orders relative to resuscitation.
Source.
2018, 218:4, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:21 - Prohibited Acts; Penalties.

153-A:21 Prohibited Acts;  Penalties. –
I. Any person providing emergency medical services who knowingly implies that such person is a licensed emergency medical care provider, or who uses any other term to indicate or imply that the person is a licensed emergency medical care provider, or who acts as a licensed emergency medical care provider, without having obtained the appropriate license under this chapter, shall be guilty of a misdemeanor for the first offense and a class B felony for subsequent offenses.
II. An owner of an emergency medical service unit or vehicle who operates or purports to operate an emergency medical services unit or vehicle, or who uses terms to indicate or to imply such licensure without having obtained the appropriate license under this chapter, shall be guilty of a misdemeanor for the first offense and a class B felony for subsequent offenses.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:22 - Administrative Fines.

153-A:22 Administrative Fines. –
The commissioner, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person or entity licensed under this chapter who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the director shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:23 - Statement of Intent.

153-A:23 Statement of Intent. –
This subdivision is intended to provide for the recovery of expenses of a public agency response which are due to certain actions of persons which result in a public agency response. This subdivision shall not be construed to replace any other provisions of civil or criminal law relating to the recovery of such expenses.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:24 - Responsibility for Public Agency Response Services.

153-A:24 Responsibility for Public Agency Response Services. –
I. A person shall be liable for response expenses if, in the judgment of the court, such person:
(a) Negligently operates a motor vehicle, boat, off highway recreational vehicle, or aircraft while under the influence of an alcoholic beverage or controlled drug and thereby proximately causes any incident resulting in a public agency response;
(b) Takes another person or persons hostage or threatens to harm himself or another person, thereby proximately causing any incident resulting in an appropriate public agency response; or
(c) Recklessly or intentionally creates a situation requiring an emergency response.
II. A person's liability under this subdivision for response expenses shall not exceed $10,000 for any single public agency response incident.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:25 - Collections; Insurance.

153-A:25 Collections;  Insurance. –
The response expense shall be a debt owed by the person responsible and shall not be paid by an insurance company. The public agency which incurred the expense may collect the debt in the same manner as in the case of an obligation under a contract, expressed or implied. Public agency expenses may include reasonable attorney fees.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:26 - Admissibility in Criminal Proceedings.

153-A:26 Admissibility in Criminal Proceedings. –
Any testimony, admission, or other statement made by the defendant in any civil proceeding brought pursuant to this subdivision, or any evidence derived from such proceeding, shall not be admitted or otherwise used in any criminal proceeding arising out of the same incident.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:27 - Court Order.

153-A:27 Court Order. –
When a person is sentenced for any criminal offense which resulted in a public agency response, the sentencing court may order that the person be required to pay the expenses of any public agency response or to perform up to 500 hours of uncompensated community service.
Source.
1999, 345:6, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:28 - Intent.

153-A:28 Intent. –
I. The use of automated external defibrillators addresses an important public health problem in New Hampshire. It is the intent of the legislature to encourage the use and availability of automated external defibrillators, along with training in the use of automated external defibrillators, for the purpose of saving the lives of people in cardiac arrest.
II. Further, the legislature strongly encourages dissemination of educational information regarding automated external defibrillators and encourages that access to these lifesaving devices be made widely available to businesses, schools, fire and police departments, and other public and private organizations throughout the state.
Source.
2000, 302:4. 2002, 156:5, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:29 - Definitions.

153-A:29 Definitions. –
For purposes of this subdivision, "automated external defibrillator" means a medical device which combines a heart monitor and defibrillator and:
I. Has been approved by the United States Food and Drug Administration;
II. Is capable of recognizing the presence or absence of ventricular fibrillation;
III. Is capable of determining whether defibrillation should be performed; and
IV. Automatically charges and requests delivery of an electrical impulse to an individual's heart, upon determination that defibrillation should be performed.
Source.
2000, 302:4. 2002, 156:5, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:30 - Training.

153-A:30 Training. –
Every person, association, corporation or other organization that acquires an automated external defibrillator shall require anticipated responders expected to use the automated external defibrillator to receive training in cardiopulmonary resuscitation and automated external defibrillator use. This section shall not limit the use of the automated external defibrillator to the anticipated responder nor shall this section limit the provisions of RSA 153-A:31.
Source.
2000, 302:4. 2002, 156:5. 2008, 207:2, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:31 - Liability Limited.

153-A:31 Liability Limited. –
Any person who, in good faith and without compensation, renders emergency care by the use of an automated external defibrillator shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or willful and wanton. Any person, association, corporation or other organization that acquires and maintains an automated external defibrillator for emergency care shall not be liable for civil damages other than for gross negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection provided by any other law.
Source.
2000, 302:4. 2002, 156:5, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:32 - Automated External Defibrillator Registry.

153-A:32 Automated External Defibrillator Registry. –
There shall be established in the department of safety a registry for all automated external defibrillators in the state. The department is authorized to release information from the registry to first responders in an emergency through the enhanced 911 system. Registration shall include the address and precise location of the automated external defibrillator.
Source.
2002, 156:2, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:33 - Registration Required.

153-A:33 Registration Required. –
I. The owner of an automated external defibrillator shall register with the department of safety under RSA 153-A:32 within 30 days of acquisition.
II. Manufacturers or distributors shall provide written notice to purchasers of the requirement to register automated external defibrillators with the department.
III. The provisions of paragraphs I and II shall not apply to owners who purchase an automated external defibrillator for use in a private residence.
Source.
2002, 156:2, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:33-a - Trauma Kit.

153-A:33-a Trauma Kit. –
I. A trauma kit shall be installed and readily available in selected state-owned and state-occupied buildings. In this section, "trauma kit" means a first aid response kit that contains at least the following items:
(a) One tourniquet.
(b) One bleeding control bandage.
(c) One pair of nonlatex protective gloves and a pen type marker.
(d) One pair of blunt-ended scissors.
(e) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense.
II. Medical materials and equipment similar to those described in subparagraphs I(a) to (d), and any additional items that are approved by the local EMS medical control, as defined in RSA 153-A:2, XV(a), may be included as supplements in addition to the items described in subparagraphs I(a) to (d), if they adequately treat a traumatic injury and can be stored in a readily available kit.
III. The department of administrative services, in consultation with the department of safety's bureau of emergency medical services and the emergency medical services medical control board established in RSA 153-A:5, shall identify buildings in which the placement of a trauma kit is appropriate and should be prioritized, as well as criteria for the order of placement and a schedule for future placements.
IV. Nothing in this section shall require a property manager or person employed by a property managing entity on behalf of the state to respond to an emergency with the use of trauma kits.
V. This section shall not apply to a state-owned building that is vacant or under construction or renovation.
Source.
2023, 171:1, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:33-b - Liability Limited.

153-A:33-b Liability Limited. –
Any person who, in good faith and without compensation, renders emergency care by the use of a trauma kit shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or purposeful.
Source.
2023, 171:1, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:34 - Quality Management Program

153-A:34 Quality Management Program –
I. In this section:
(a) "Quality management program" means a comprehensive, continuous, and organization-wide evaluation and measurement system established in accordance with the rules and definitions adopted by the division of fire standards and training and emergency medical services. The system shall be used to evaluate and monitor the quality and appropriateness of system operation and the care provided to patients in order to identify sentinel events and trends so that corrective action may be taken by the local provider agency.
(b) "Records" means records of interviews, internal review and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality management program. "Records" shall not mean original medical records or other records kept relative to any patient in the course of the business of operating as an emergency medical services unit.
II. Records of a quality management program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality management program, and any person who supplies information or testifies as part of a quality management program, or who is a member of a quality management program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:
(a) A judicial or administrative proceeding brought by the commissioner to revoke or restrict the license or certification of an emergency medical care provider or other person licensed under this chapter; or
(b) A proceeding alleging repetitive malicious action and personal injury brought against an emergency medical care provider or other person licensed under this chapter.
III. No person or entity shall be held liable in any action for damages or other relief arising from their good faith participation in a quality management program, or from the providing of information to a quality management program or in any judicial or administrative proceeding.
Source.
2005, 231:6, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:36 - Repealed by 2021, 205:2, Pt. II, Sec. 1, I, eff. Oct. 9, 2021.

153-A:36 Repealed by 2021, 205:2, Pt. II, Sec. 1, I, eff. Oct. 9, 2021. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 153-A - Emergency Medical and Trauma Services › Section 153-A:37 - Operational Canines; Hospital Treatment.

153-A:37 Operational Canines;  Hospital Treatment. –
I. In this section:
(a) "Law enforcement officer" or "police officer" shall have the same meaning as defined in RSA 106-L:2, IV; provided that for purposes of this section, the term shall also include members of the national guard acting under orders while in active state service ordered by the governor under RSA 110-B:6.
(b) "Operational canine" means a canine owned or used by a law enforcement department or agency, or fire department, in the course of the department or agency's work, including a police canine, search and rescue canine, scent detection canine, comfort canine, or other canine that is in use by a county, municipal, or state law enforcement agency.
(c) "Official duties" shall include, but are not limited to, line of duty incidents, deployments, trainings, certifications, and related transportation.
II. Any ambulance owned and/or operated by any public or private entity may provide transport to an operational canine to a veterinary care facility only if the animal is ill or has been injured in the course of their official duties and no human needs transport or treatment. Emergency medical care providers may request that a law enforcement officer assist with securing the operational canine and accompanying them during the transport.
III. All licensed emergency medical service units and affiliated emergency medical care providers approved to administer treatment and who are in the performance of their duties and in good faith render emergency first aid to an ill or injured operational canine, shall not be personally liable as a result of rendering such aid or services unless it is established that the injury or the death was caused willfully, wantonly, or recklessly or by gross negligence on the part of the emergency medical care provider. In the case of both a licensed emergency medical service unit and an emergency medical care provider, as a result of transporting an operational canine to a veterinary care facility, shall not be liable to a veterinary care facility for its expenses if, under emergency conditions, they cause the admission of such animal to said veterinary care facility.
Source.
2023, 175:2, eff. July 28, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:1 - Organization.

154:1 Organization. –
I. All town and city fire departments, and fire departments of village districts or precincts organized pursuant to RSA 52:1, I(a), shall be organized according to one of the following forms, chosen by vote of the local legislative body:
(a) A fire chief appointed by the local governing body, or by the town or city manager, if any, with firefighters appointed by the fire chief;
(b) A fire chief appointed by the local governing body, or by the town or city manager, if any, with firefighters appointed by the local governing body or manager, upon recommendation of the fire chief;
(c) A fire chief elected by the local legislative body pursuant to RSA 669:17, with firefighters appointed by the fire chief;
(d) Firewards of any number, as determined by the local legislative body, either elected pursuant to RSA 669:17 or appointed by the local governing body, with a fire chief appointed by the firewards and firefighters appointed by the fire chief; or
(e) Firewards of any number, as determined by the local legislative body, either elected pursuant to RSA 669:17 or appointed by the local governing body, with a fire chief and firefighters appointed by the firewards.
II. Firefighters may recommend the appointment of any firefighter, fire officer, or fire chief to the appointing authority as provided in subparagraphs I(a) through (e).
III. A municipality may choose a form of fire department organization different from those set forth in paragraph I, including the election of fire chief, fire officers or firefighters, or all such persons, by the firefighters.
IV. A town, city, village district or precinct may, by vote of the local legislative body, change the organization of its fire department from one form to another. For municipalities with a town meeting form of government, such a vote shall be taken under an article inserted by the selectmen or by petition in the warrant for the annual meeting, and the change in form shall not take effect until one year following such vote.
V. Further fire department organizational provisions, including, but not limited to the manner of appointment and promotion of firefighters and officers, may be set forth in a municipal charter or local ordinance, if such provisions conform to this chapter.
VI. Subject to statute, charter, or local ordinance, and subject to such written formal policies or guidelines as may be adopted or approved by the appointing authority, the fire chief shall have the organizational and administrative control of the fire department.
VII. For purposes of this chapter the term "firewards" includes fire engineers and fire commissioners, where applicable.
VIII. The firewards, if any, shall constitute a board, and shall take actions by majority vote. They shall elect a clerk, and may adopt a badge of office.
Source.
RS 111:1. 1844, 143:1. 1845, 243:1. CS 114:1, 4. GS 96:1. GL 106:1. PS 115:1. PL 146:1. RL 175:1. RSA 154:1. 1975, 443:1. 1992, 154:2. 1993, 28:4, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:1-a - Finances and Property.

154:1-a Finances and Property. –
In municipal fire departments organized under RSA 154:1, all fire department real estate or equipment purchased with funds appropriated by the municipality shall be the property of the municipality. Except in the case of properly established capital reserve funds or trusts, all municipal funds appropriated for fire department purposes shall be held by the municipal treasurer and shall be subject to the municipality's normal budgeting, appropriation, and disbursement authorization requirements. Donations or gifts to a municipal fire department shall be subject to applicable legal requirements for acceptance by the municipality, including, but not limited to RSA 31:95-b or 31:95-e.
Source.
1993, 28:5, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:1-b - Firefighter Associations.

154:1-b Firefighter Associations. –
RSA 154:1 and RSA 154:1-a shall not be construed to preclude the formation of social or fraternal associations of firefighters of municipal fire departments, nor preclude such associations from adopting bylaws or conducting fund-raising activities for the benefit of a municipal fire department, provided, however, that:
I. There shall be no commingling of the funds of such an association with municipal fire department funds.
II. The use of any money or equipment of the association for official municipal fire department purposes shall be subject to the authority and control of the fire chief, and to the written policies approved by the governing body under RSA 154:1, IV.
III. Such an association shall publicize and conduct its activities in the name of the association, and not in the name of the municipal fire department.
IV. Unless ratified or approved by vote of the local governing body or its designee, the activities of such an association shall not be deemed the activities of the municipality, nor shall such activities be deemed to be within the scope of, or arise out of, the course of a firefighter's employment, for purposes of either workers' compensation pursuant to RSA 281-A or any other type of municipal liability.
Source.
1993, 28:5, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:1-bb - Municipal Financing; Fire Departments.

154:1-bb Municipal Financing;  Fire Departments. –
The legislative body of a municipality may vote to choose a form of financing and property ownership different than those in RSA 154:1-a and RSA 154:1-b.
Source.
1994, 389:6, eff. Aug. 8, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:1-c - Private Firefighting Units.

154:1-c Private Firefighting Units. –
I. Any fire company not organized according to RSA 154:1 shall be deemed to be a private firefighting unit.
II. No municipality or other political subdivision shall contract with any private firefighting unit, or furnish financial support, property or equipment to such unit, unless such unit has been certified by the state fire marshal pursuant to RSA 153:4-a.
III. No member of any private firefighting unit shall exercise the legal powers and authorities of the fire department, firefighters, fire chief, or fire officer in charge, as set forth under this chapter and RSA 153:14, unless such unit has been certified by the state fire marshal pursuant to RSA 153:4-a.
Source.
1993, 28:5, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:2 - Powers.

154:2 Powers. –
I. Except as provided in RSA 227-L and this chapter, the firewards, fire engineers, and fire chiefs shall have the authority and the control of all firefighters and officers and all fire apparatus and other equipment designed or used for the extinguishment of fire or the control of other emergencies in the town or city, and of all persons whose duty it is to aid in extinguishing fires.
II. (a) The fire chief shall have the authority to enforce any local or state laws or rules pertaining to the control of combustible or hazardous materials, or both, the design of exits, and any other fire safety measures including the state fire code enacted pursuant to RSA 153:5.
(b) All local fire chiefs and duly authorized subordinates shall provide information on the local appeals process for local fire code ordinances and the variance process for the state fire code upon review of plans and notice of violations.
III. The fire chief and duly authorized subordinates shall have the authority to inspect all buildings, structures, or other places in the fire chief's fire district or under the fire chief's jurisdiction, including but not limited to any place where any combustible or hazardous material, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish or other combustible material that is or may become dangerous as a fire menace to such buildings, structures or other places has been allowed to accumulate or where such chief or designated representative has reason to believe that such material of a combustible or hazardous nature has accumulated or is liable to be accumulated. If consent for such inspection is denied or not reasonably obtainable, the fire chief may obtain an administrative inspection warrant under RSA 595-B.
Source.
RS 111:3. CS 114:8. GS 96:2. GL 106:2. PS 115:2. PL 146:2. RL 175:2. RSA 154:2. 1975, 443:2. 1977, 361:5. 1991, 231:6. 1992, 154:3. 1995, 299:8. 1998, 318:13. 2012, 225:2, eff. Aug. 14, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:3 - Repealed by 1993, 28:11, eff. Jan. 1, 1994.

154:3 Repealed by 1993, 28:11, eff. Jan. 1, 1994. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:4 - Organization of Firefighters.

154:4 Organization of Firefighters. –
The firefighters shall be organized in such companies, under the supervision of duly selected officers, and shall be subject to such duties in relation to the care, preservation and use of the public property entrusted to them, and to meeting for drill in the management thereof, as the chief, firewards or engineers shall direct or approve; and shall, by night or day, under their direction, use their best endeavors to extinguish any fire that may happen in their town or the vicinity of their town. Firefighters may also mitigate other emergencies which may happen in their town or the vicinity of their town.
Source.
1849, 863:2. CS 117:2. GS 96:14. GL 106:14. PS 115:4. PL 146:4. RL 175:4. RSA 154:4. 1992, 154:4. 2012, 242:4. 2013, 173:1, eff. July 2, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:5 - Chief Fireward, Engineer, or Fire Chief.

154:5 Chief Fireward, Engineer, or Fire Chief. –
I. The chief fireward, engineer or fire chief who is appointed, rather than elected in any town, village district, precinct, city or area shall be appointed for an indefinite period of time or for a definite term, as determined by the legislative body, and the tenure of office shall depend upon good conduct and efficiency. The chief fireward, engineer or fire chief shall be technically qualified by training or experience and shall have ability to command firefighters and hold their respect and confidence.
II. Subject to such written formal policies as may be adopted by the appointing authority, each chief fireward, engineer, or fire chief of any city or town who is appointed rather than elected, shall have authority to direct and control all employees of his or her department in their normal course of duty and shall be responsible for the efficient and economical use of all department equipment. Such chief fireward, engineer, or fire chief shall be subject to suspension without pay or dismissal only for cause, and after he or she has been presented with a written specification of the reasons. Upon such suspension or dismissal, the chief fireward, engineer, or fire chief shall be entitled to a hearing, on the merits and reasonableness of the action, in superior court in the county in which the municipality is located, provided that the chief fireward, engineer, or fire chief petitions the clerk of the superior court for such a hearing within 45 days of suspension or dismissal. The court shall have the power to affirm, modify or negate such suspension or dismissal, based upon its findings.
Source.
1945, 110:1. RSA 154:5. 1975, 443:4. 1993, 28:6. 1998, 130:1. 2007, 163:1, eff. June 18, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:6 - Duties as to Fire Apparatus and Water Supply.

154:6 Duties as to Fire Apparatus and Water Supply. –
The chief fireward, engineer or fire chief shall keep, or cause to be kept, in order all apparatus provided by the town for the extinguishment of fires and the mitigation of other emergencies, and shall cause all cisterns and sources of water prepared for the fire department to be fully supplied and kept in order within the available funds. Such individual shall annually report to the town the condition of all apparatus under the individual's care belonging to the town, and the amount expended for repairs on such apparatus.
Source.
1844, 143:2, 5. CS 15:2, 5. GS 96:11. GL 106:11. PS 115:5. PL 146:5. RL 175:5. RSA 154:6. 1975, 443:5. 1992, 154:5. 1998, 318:14, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:7-a - Fire Investigations.

154:7-a Fire Investigations. –
I. In this section:
(a) "Cause and origin investigation" means the investigation necessary to determine the physical behavior of the fire, including the points or areas where the fire began, and the specific acts or conditions that caused the fire to occur.
(b) "Criminal investigation" means the investigation necessary to determine whether a violation of the criminal code, including the crime of arson, has occurred, and the identification and prosecution of any perpetrator.
II. The fire officer in charge or designee shall investigate the cause and origin of fires, including the taking of evidence relative to the cause and origin of fires, except as enumerated elsewhere by statute.
III. (a) Upon determination by the fire officer in charge or designee that a fire is of suspicious or incendiary origin, determination of which shall include information received from the police officer in charge, the police officer in charge may:
(1) Conduct a criminal investigation.
(2) Restrict access to the scene.
(3) Collect and secure criminal evidence.
(4) Gather investigative information.
(b) The powers enumerated under subparagraph III(a) shall only be subject to the authority of the fire officer in charge to extinguish fire, protect against immediate life hazard, and treat and stabilize the sick or injured.
IV. The police officer in charge may request whatever assistance the police officer deems necessary from the fire officer in charge, who may provide such assistance.
V. Nothing in this section shall be construed to affect the admissibility of evidence at trial.
Source.
1992, 154:8. 1998, 318:17, 18, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:8 - Duties at Scene of Fires or Other Emergencies.

154:8 Duties at Scene of Fires or Other Emergencies. –
The fire chief, or in the fire chief's absence the engineer or fire officer in charge, shall have the direction of all apparatus and other equipment, and the government and direction of all persons and proceedings relating to any fire or other emergency, and the other firewards or engineers shall aid as assistants.
Source.
1844, 143:3, 4. CS 115:3, 4. GS 96:4. GL 106:4. PS 115:7. PL 146:7. RL 175:7. RSA 154:8. 1975, 443:7. 1979, 344:10. 1992 154:9. 1998, 318:19, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:8-c - Firefighting Personal Protective Equipment.

154:8-c Firefighting Personal Protective Equipment. –
I. In this section:
(a) "Department" means the department of safety.
(b) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, hoods, and respiratory equipment.
(c) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment. For the purposes of this section, "importer" means the owner of the product.
(d) "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services.
(e) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
II. Beginning January 1, 2020, a manufacturer or other person that sells firefighting personal protective equipment to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice shall include a statement that the firefighting personnel protective equipment contains PFAS chemicals. All notices shall be included in all personnel files of all employees using the firefighting personal protective equipment which contain PFAS chemicals.
III. The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment shall retain the notice in procurement files for at least 3 years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days.
IV. The department shall assist other state agencies, fire protection districts, and other municipalities to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.
Source.
2019, 337:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:9 - Penalty.

154:9 Penalty. –
If any person present at a fire, emergency or service call, at or to which the fire department is responding shall refuse or neglect to obey the commands of any member who is recognized as, or should have been recognized as, a member of the fire department, or shall unlawfully assume the office or badge of office of a fire chief, fire officer or firefighter, such person shall be guilty of a violation.
Source.
RS 111:5. CS 114:6. GS 96:5. 1878, 31:1. GL 106:5. PS 115:8. PL 146:8. RL 175:8. RSA 154:9. 1973, 531:35. 1975, 443:8. 1992, 154:11. 1998, 318:21, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:9-a - Conscripted Assistance Limited.

154:9-a Conscripted Assistance Limited. –
Notwithstanding the provisions of RSA 154:7, 8, and 9, no person therein authorized to compel assistance by conscription shall order any person under the age of 18 years or over the age of 45 years (except where such person has voluntarily consented to accept direction and if under the age of 18, has furnished parental consent in writing); or any person having a physical or mental disability or who is otherwise disabled in capability to perform any act of firefighting which would subject such person to the possible risk of grievous bodily injury, harm or death, except in a dire emergency, and then only if such act or acts are deemed necessary to protect and preserve public property endangered by fire, or in the case of a national emergency. Notwithstanding this limitation, nothing in this section shall be construed to limit a person's ability, if over 18 years of age, to voluntarily consent to perform acts of firefighting so long as such person agrees to accept direction of qualified firefighters and the person accepting the consent is authorized by RSA 154:7, 8, and 9, to call for such assistance and reasonably believes that the person volunteering understands the personal risk.
Source.
1973, 492:4. 1990, 140:2, X. 1998, 318:22, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:11 - Damages.

154:11 Damages. –
The selectmen, aldermen or council, on application, shall appraise the damage done to any building or thing by order of the firewards, engineers, or fire officer-in-charge and may assess a tax for the payment therefor, and may make compensation to the owner, unless it shall appear that the fire began in such building, or that the same must have been burned if it had not been destroyed or removed.
Source.
RS 111:15. CS 114:16. GS 96:7. GL 106:7. PS 115:10. PL 146:10. RL 175:10. RSA 154:11. 1975, 443:9, eff. June 20, 1975.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:12 - Petition to Court.

154:12 Petition to Court. –
Upon the refusal of the selectmen, aldermen or council, or upon their neglect for 3 months after the application to appraise the damage and assess such tax, the party injured may petition the superior court for redress; and the court, after due notice to the town, shall ascertain the damage and shall render judgment and issue execution therefor, and for costs, against the town.
Source.
RS 111:16. CS 114:17. GS 96:8. GL 106:8. PS 115:11. PL 146:11. RL 175:11. RSA 154:12. 1975, 443:10, eff. June 20, 1975.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:13 - Right of Way; Penalty.

154:13 Right of Way;  Penalty. –
The officers and employees of the fire department of any city or town, with the engines and apparatus thereof, shall have the right of way while going to a fire or responding to an alarm through any street, lane, or alley in said city or town, subject to such rules and regulations as the city council or selectmen may prescribe. Whoever willfully and maliciously obstructs or retards the passage of an engine or other apparatus of a fire department, while so going to a fire, shall be guilty of a misdemeanor.
Source.
1905, 66:1. PL 146:12. RL 175:12. RSA 154:13. 1973, 528:72. 1998, 318:23, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 154 - Firewards, Firefighters, and Fire Hazards › Section 154:14 - Street Fires, Etc.

154:14 Street Fires, Etc. –
Every fireward, engineer, fire chief or designated officer shall cause any fire deemed by such individual to be dangerous, in any street or elsewhere, to be extinguished or removed.
Source.
RS 111:4. CS 114:5. GS 96:10. GL 106:10. PS 115:13. PL 146:14. RL 175:14. RSA 154:14. 1975, 443:11. 1998, 318:24, eff. Aug. 25, 1998.