HB 388-FN-A – AS INTRODUCED
2007 SESSION
09/10
HOUSE BILL 388-FN-A
AN ACT establishing the position of fire protection engineer and requiring the commissioner of safety to establish fees for building, life safety, and fire protection system plan review by the state fire marshal.
SPONSORS: Rep. Pilotte, Hills 16; Rep. F. Sullivan, Hills 12; Sen. DeVries, Dist 18
COMMITTEE: Executive Departments and Administration
This bill establishes the position of fire protection engineer. The bill requires the state fire marshal to charge a fee for building, life safety, and fire protection system plan review. The bill also requires the commissioner of safety to establish by rule fees for building, life safety, and fire protection system plan review.
This bill was requested by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0593
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing the position of fire protection engineer and requiring the commissioner of safety to establish fees for building, life safety, and fire protection system plan review by the state fire marshal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Fire Protection Engineers; Plan Review and Fees. Amend RSA 153 by inserting after section 9 the following new section:
153:9-a Fire Protection Engineers; Plan Review and Fees.
I. There shall be established within the division of fire safety in the department of safety under the supervision of the state fire marshal, such fire protection engineer positions or equivalent positions for the purpose of building, life safety, and fire protection system plan review, as the fire marshal shall request, subject to the approval of the commissioner of safety and within the limits of available appropriations. Such engineer or engineers shall be classified state employees.
II. The state fire marshal shall assess a fee for building, life safety, and fire protection system plan review, when required or requested for renovations and new construction projects.
III. The commissioner of safety shall adopt rules to establish fees for the review of building, life safety, and fire protection system plan review pursuant to RSA 541-A. Fees collected under this section on or after July 1, 2008 shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees shall be deposited in the fire standards and training and emergency medical services fund, established by RSA 21-P:12-d.
2 Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 21-P:12-d to read as follows:
21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, the division of fire safety, under RSA 21-P:12, and the bureau of emergency management in the division of emergency services, communications, and management under RSA 21-P:36, and expenses incurred under RSA 153:9-a for building, life safety, and fire protection system plan review by the state fire marshal. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training and emergency medical services, the division of fire safety, or the bureau of emergency management in the division of emergency services, communications, and management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.
3 Interim Program Funding. In order to fund the positions and fire protection system plan reviews pursuant to RSA 153:9-a, established pursuant to section 1 of this act, for the biennium ending June 30, 2009, the commissioner of safety, with approval of the legislative fiscal committee and governor and council, may transfer sufficient sums from funds otherwise unexpended in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d, to implement the provisions of this act.
4 Effective Date. This act shall take effect upon its passage.
LBAO
07-0593
1/17/07
388-FN-A - FISCAL NOTE
AN ACT establishing the position of fire protection engineer and requiring the commissioner of safety to establish fees for building, life safety, and fire protection system plan review by the state fire marshal.
FISCAL IMPACT:
The Department of Safety has determined this bill will increase state restricted revenue by $81,000 in FY 2008, $100,836 in FY 2009, $102,305 in FY 2010, and $106,887 in FY 2011. The Department has determined that this bill will increase state restricted expenditures by $80,669 in FY 2008, $81,844 in FY 2009, $85,510 in FY 2010, and $89,403 in FY 2011. There will be no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Department of Safety states this bill establishes the position of fire protection engineer. The bill requires the state fire marshal to charge a fee for building, life safety, and fire protection system plan review sufficient to cover 125% of direct operating expenses from the previous fiscal year. All fees collected would be deposited into the Fire Standards and Training and Emergency Medical Services fund, and used to fund expenditures related t the fire protection engineer position. The Department assumes that the fire protection engineer would be at labor grade 29 with benefits calculated at 48.3% of salary. Operating expenses related to the position established are calculated as follows:
FY 2008 FY 2009 FY 2010 FY 2011
Salary $50,856 $53,165 $55,536 $58,094
Benefits 24,563 25,679 26,824 28,059
Current Expense 750 750 800 800
Equipment 3,000 750 750 750
In-State Travel 1,500 1,500 1,600 1,700
Total $80,669 $81,844 $85,510 $89,403
The Department estimates fiscal year 2008 revenue to be $81,000 (150 sets of building plans x 9,000 average sq. ft. per building x $0.06 per square foot). The remaining revenue estimates are based on the estimated operating expense multiplied by 125% which results in $100,836 in FY 2009, $102,305 in FY 2010, and $106,887 in FY 2011.