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1 New Paragraph; State Board of Fire Control; State Fire Code; Rules. Amend RSA 153:5 by inserting after paragraph VII the following new paragraph:
VIII. A property owner that has commenced construction in accordance with a building permit and has proceeded with that construction sufficient for the issuance of a certificate of occupancy that is rendered non-compliant with the state fire code due to a change in the state fire code that is adopted after the commencement of construction shall not, for a period of 20 years after the issuance of a certificate of occupancy, be required to make any changes, retrofits, or improvements to the work that was the subject of that permit in order to bring that work into compliance with that subsequently adopted iteration of the state fire code. After the passage of 20 years from the date on which a certificate of occupancy is granted, such structure may be required to make such repairs or improvements as may be necessary to bring the structure into compliance with the then current iteration of the state fire code. This provision shall be applicable prospectively and shall be effective for building permit applications issued on or after July 1, 2026.
2 New Paragraph; State Board of Fire Control; Approval of Plans for Construction or Revision of all State Buildings Required. Amend RSA 153:8-a by inserting after paragraph II the following new paragraph:
III. The state fire marshal or, by his or her direction, the deputy fire marshal shall also be responsible for hearing appeals of any decision issued by the local fire chief, or the fire chief's duly authorized subordinance, in accordance with RSA 154:2, II. The fire marshal shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the fire marshal at the written request of one of the parties, and shall render a decision in writing within 30 days of the conclusion of the hearing. The review of the fire marshal shall be de novo. The hearing shall not be bound by the formal rules of evidence, and the fire marshal may consider the evidence in the record transmitted by the fire chief or such other relevant evidence as may be admitted by the fire marshal. In considering the appeal, the fire marshal may affirm, modify, or reverse any decision issued pursuant to RSA 154:2, II-a. Any party aggrieved by a decision of the state fire marshal may appeal that decision to the building code review board in accordance with RSA 155-A:11.
3 New Paragraph; Firewards, Firefighters, and Fire Hazards; Powers. Amend RSA 154:2 by inserting after paragraph II the following new paragraph:
II-a.(a) All local fire chiefs and duly authorized subordinates shall be authorized to grant variances from the strict application of the provisions of the state fire code under the following circumstances:
(1) It is demonstrated that, owing to special conditions of the property, there is no fair and substantial relationship exists between the general public purposes of the provision of the state fire code and the specific application of that provision to the property and the proposed use is a reasonable one; or
(2) It is demonstrated through a stamped certification provided by a fire safety engineer or similar fire safety professional that an alternative means or method of construction or alternative material satisfies the intent of the code and is as safe or safer than what would be required through strict application of the state fire code.
(b) Any individual seeking a variance pursuant to Paragraph II-a shall be required to provide the following signed statement as part of a complete application for a variance: "I hereby acknowledge and assume all risks arising from any deviation from the strict provisions of the fire code. In so doing, I hereby waive, on behalf of my heirs, successors, and assigns, all claims that I may have against the regulatory authority granting said variance to the extent that such variance was issued in good faith and without recklessness or gross negligence. I agree to indemnify the regulatory authority issuing this variance from and against losses, damages, and judgments arising from claims by third parties for property loss, injury, or death arising out of any variance from the fire code authorized by the regulatory authority in accordance with RSA 154, II(c). The indemnification shall include reasonable attorneys' fees and expenses recoverable under applicable law. The indemnification provided herein shall apply to claims arising out of the negligent act, error, or omission of the regulatory authority, acting in good faith, in granting the variance but shall not apply to claims of recklessness, gross negligence, or intentional misconduct."
(c) Local fire chiefs may establish reasonable policies and procedures relative to the applications for variances sought under Paragraph II-a.
(d) All decisions issued pursuant to Paragraph II-a shall be in writing and shall be issued within either 30 days for residential properties and 60 days for non-residential properties following the submission of a completed application.
(e) Any party aggrieved by a decision of a local fire chief and/or a duly authorized subordinance pursuant to this Paragraph II-a may appeal such decision to the fire marshal. Any such appeal shall be filed within 30 days of the date of the written decision by filing such appeal in writing with the state fire marshal and by transmitting a copy of such appeal to the fire chief of the municipality who issued the decision that is the subject of the appeal. Within 20 days receipt of such an appeal, the fire chief shall transmit the record from the variance application, including, but not limited to, all application materials, submittals, memoranda, correspondence, and decisions, to the fire marshal.
4 New Paragraph; State Building Code; Enforcement Authority. Amend RSA 155-A:7 by inserting after paragraph V the following new paragraph:
VI. The state fire marshal shall have the power to approve, disapprove, or allow exceptions to the state building code.
5 State Building Code; Appeals of Decisions of the State Fire Marshall. Amend RSA 155-A:11, I to read as follows:
I. Any person aggrieved by a decision of the state fire marshal relative to the application and enforcement of the state building code pursuant to RSA 153:8-a, I(a), or the state fire code, may appeal the decision to the board.
6 Effective Date. This act shall take effect July 2, 2026.
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1 New Paragraph; State Board of Fire Control; State Fire Code; Rules. Amend RSA 153:5 by inserting after paragraph VII the following new paragraph:
VIII. A property owner that has commenced construction in accordance with a building permit and has proceeded with that construction sufficient for the issuance of a certificate of occupancy that is rendered non-compliant with the state fire code due to a change in the state fire code that is adopted after the commencement of construction shall not, for a period of 20 years after the issuance of a certificate of occupancy, be required to make any changes, retrofits, or improvements to the work that was the subject of that permit in order to bring that work into compliance with that subsequently adopted iteration of the state fire code. After the passage of 20 years from the date on which a certificate of occupancy is granted, such structure may be required to make such repairs or improvements as may be necessary to bring the structure into compliance with the then current iteration of the state fire code. This provision shall be applicable prospectively and shall be effective for building permit applications issued on or after July 1, 2026.
2 New Paragraph; State Board of Fire Control; Approval of Plans for Construction or Revision of all State Buildings Required. Amend RSA 153:8-a by inserting after paragraph II the following new paragraph:
III. The state fire marshal or, by his or her direction, the deputy fire marshal shall also be responsible for hearing appeals of any decision issued by the local fire chief, or the fire chief's duly authorized subordinance, in accordance with RSA 154:2, II. The fire marshal shall hold a hearing within 40 days of the receipt of an appeal, unless an extension of time has been granted by the fire marshal at the written request of one of the parties, and shall render a decision in writing within 30 days of the conclusion of the hearing. The review of the fire marshal shall be de novo. The hearing shall not be bound by the formal rules of evidence, and the fire marshal may consider the evidence in the record transmitted by the fire chief or such other relevant evidence as may be admitted by the fire marshal. In considering the appeal, the fire marshal may affirm, modify, or reverse any decision issued pursuant to RSA 154:2, II-a. Any party aggrieved by a decision of the state fire marshal may appeal that decision to the building code review board in accordance with RSA 155-A:11.
3 New Paragraph; Firewards, Firefighters, and Fire Hazards; Powers. Amend RSA 154:2 by inserting after paragraph II the following new paragraph:
II-a.(a) All local fire chiefs and duly authorized subordinates shall be authorized to grant variances from the strict application of the provisions of the state fire code under the following circumstances:
(1) It is demonstrated that, owing to special conditions of the property, there is no fair and substantial relationship exists between the general public purposes of the provision of the state fire code and the specific application of that provision to the property and the proposed use is a reasonable one; or
(2) It is demonstrated through a stamped certification provided by a fire safety engineer or similar fire safety professional that an alternative means or method of construction or alternative material satisfies the intent of the code and is as safe or safer than what would be required through strict application of the state fire code.
(b) Any individual seeking a variance pursuant to Paragraph II-a shall be required to provide the following signed statement as part of a complete application for a variance: "I hereby acknowledge and assume all risks arising from any deviation from the strict provisions of the fire code. In so doing, I hereby waive, on behalf of my heirs, successors, and assigns, all claims that I may have against the regulatory authority granting said variance to the extent that such variance was issued in good faith and without recklessness or gross negligence. I agree to indemnify the regulatory authority issuing this variance from and against losses, damages, and judgments arising from claims by third parties for property loss, injury, or death arising out of any variance from the fire code authorized by the regulatory authority in accordance with RSA 154, II(c). The indemnification shall include reasonable attorneys' fees and expenses recoverable under applicable law. The indemnification provided herein shall apply to claims arising out of the negligent act, error, or omission of the regulatory authority, acting in good faith, in granting the variance but shall not apply to claims of recklessness, gross negligence, or intentional misconduct."
(c) Local fire chiefs may establish reasonable policies and procedures relative to the applications for variances sought under Paragraph II-a.
(d) All decisions issued pursuant to Paragraph II-a shall be in writing and shall be issued within either 30 days for residential properties and 60 days for non-residential properties following the submission of a completed application.
(e) Any party aggrieved by a decision of a local fire chief and/or a duly authorized subordinance pursuant to this Paragraph II-a may appeal such decision to the fire marshal. Any such appeal shall be filed within 30 days of the date of the written decision by filing such appeal in writing with the state fire marshal and by transmitting a copy of such appeal to the fire chief of the municipality who issued the decision that is the subject of the appeal. Within 20 days receipt of such an appeal, the fire chief shall transmit the record from the variance application, including, but not limited to, all application materials, submittals, memoranda, correspondence, and decisions, to the fire marshal.
4 New Paragraph; State Building Code; Enforcement Authority. Amend RSA 155-A:7 by inserting after paragraph V the following new paragraph:
VI. The state fire marshal shall have the power to approve, disapprove, or allow exceptions to the state building code.
5 State Building Code; Appeals of Decisions of the State Fire Marshall. Amend RSA 155-A:11, I to read as follows:
I. Any person aggrieved by a decision of the state fire marshal relative to the application and enforcement of the state building code pursuant to RSA 153:8-a, I(a), the state fire code, or an appeal of a decision of a local fire chief with regard to the grant or denial of a variance from the provisions of the state fire code pursuant toRSA 154:2, II(c), may appeal the decision to the board.
6 Effective Date. This act shall take effect July 2, 2026.