CHAPTER 149
HB 303-FN – FINAL VERSION
09Mar2005… 0378h
04/14/05 1107s
01Jun2005… 1406eba
2005 SESSION
05/10
HOUSE BILL 303-FN
AN ACT relative to the fire standards and training commission.
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Clarifies the name of the fire standards and training commission and the names of various organizations that serve on the commission.
II. Clarifies the authority of the fire standards and training commission to establish educational and training standards for fire service personnel, not just firefighters.
III. Permits the commission to waive certain requirements for fire service personnel who are not first-responders.
IV. Deletes a statutory section relative to the commission’s discretion to reimburse fees.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Mar2005… 0378h
04/14/05 1107s
01Jun2005… 1406eba
05-0388
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the fire standards and training commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
149:1 New Hampshire Fire Standards and Training Commission; Name of Commission and Reference to Firefighter Changed. Amend RSA 21-P:25 to read as follows:
21-P:25 Program Authorized; Definitions.
I. The New Hampshire fire standards and training [and emergency medical services] commission is hereby established and directed to establish minimum educational and training standards for employment as [a] full-time [firefighter] fire service personnel, establish minimum selection standards for full-time fire service personnel, establish and publish educational and training standards for fire service personnel, and certify fire service personnel as meeting the educational and training standard. This commission shall also act in an advisory capacity to the director of the division of fire standards and training and emergency medical services with reference to the instruction methods of determining and dealing with the causes of fire, the prevention of fire, techniques of firefighting and rescue, research techniques in firefighting and fire protection, and the administration and management of fire departments. The commission shall meet at least 4 times annually.
II. As used in this subdivision:
(a) “Commission” means the fire standards and training [and emergency medical services] commission; and
(b) “Director” means the director of the division of fire standards and training and emergency medical services.
(c) “Fire service personnel” means firefighters, fire officers, rescue personnel connected with fire departments, fire prevention officers, inspectors, investigators, fire instructors, public education specialists, fire alarm personnel, or any other personnel who are members of fire departments or fire-related state agencies, whether full or part-time.
149:2 Members of the Fire Standards and Training Commission. Amend RSA 21-P:26, I to read as follows:
I. There shall be a fire standards and training [and emergency medical services] commission consisting of 16 members, including 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, and the state fire marshal, who shall each serve during his or her continuance in such office, and [one active member] members of each of the following associations or groups chosen by the governor, with the approval of the council, from a list of 3 qualified members submitted by each association or group:
(a) Two representatives of the New Hampshire [Fire Chiefs Association as represented by a full-time career fire chief;] Association of Fire Chiefs, at least one of whom shall be a chief of a full-time fire department, and one a chief of a volunteer department.
[(b) The New Hampshire Fire Chiefs Association as represented by a volunteer fire chief;
(c)] (b) One representative of the Professional Firefighters of New Hampshire-International Association of Firefighters[;].
[(d)] (c) One representative of the Fire Instructors and Officers Association of New Hampshire[;].
[(e)] (d) One representative of the Federation of Fire Mutual Aid Associations[;].
[(f)] (e) One representative of the New Hampshire State Firemen’s Association[;].
[(g)] (f) One representative of the insurance industry of New Hampshire, which members shall be recommended by the New Hampshire Association of Domestic Insurance Companies[;].
[(h)] (g) One representative of the New Hampshire Municipal Association[;].
[(i)] (h) One representative of the New Hampshire State Permanent Firemen’s Association[; and].
[(j)] (i) One representative of the Fire Prevention Society.
I-a. The director of the division of fire standards and training and emergency medical services shall be a nonvoting member of the commission.
149:3 New Paragraph; Rulemaking Relative to Waiver of Certain Training Requirements. Amend RSA 21-P:27, I by inserting after subparagraph (f) the following new subparagraph:
(g) A procedure for the commission to waive any of the standards established under subparagraph (b) for fire service personnel whom the commission finds do not have emergency response and mitigation as their predominant responsibilities.
149:4 Organization of Department of Safety; Name of Commission Changed. Amend RSA 21-P:15, III to read as follows:
III. Any transfer involving the division of fire standards and training and emergency medical services undertaken pursuant to this section shall require consultation with the fire standards and training [and emergency medical services] commission, prior to the transfer being proposed to the governor and council.
149:5 Advisory Council on Emergency Preparedness and Security; Name of Commission Changed. Amend RSA 21-P:48, I(s) to read as follows:
(s) One member of the fire standards and training [and emergency medical services] commission, appointed by the chairman.
149:6 Repeal. RSA 21-P:30, relative to reimbursement of expenses, is repealed.
149:7 Effective Date. This act shall take effect 60 days after its passage.
(Approved: June 21, 2005)
(Effective Date: August 20, 2005)