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The purpose of this chapter is to improve the administration of state government by consolidating and providing unified direction of procedures, programs, and related functions in the field of public safety, in order to help assure the security and physical safety of the citizens of New Hampshire. It is the intent of the general court that this consolidation result in improved integration of state public safety functions and increased efficiency and effectiveness in the administration of these programs.
Source. 1987, 124:1, eff. July 1, 1987.
I. There is established the department of safety, an agency of the state, under the executive direction of a commissioner of safety.
II. The department of safety, through its officials, shall be responsible for the following general functions:
(a) Enforcing the criminal law.
(b) Administering and enforcing laws relative to motor vehicles and drivers.
(c) Assuring fire, building, and equipment safety.
(d) Promoting vehicle and highway safety.
(e) Administering and enforcing laws relative to emergency medical services.
(f) Administration and enforcement of the motor vehicle road toll laws.
(g) Homeland security and emergency management.
(h) Statewide enhanced 911 and emergency telecommunications services.
(i) Operation of the fire academy and firefighter training programs.
Source. 1987, 124:1. 1999, 345:2. 2008, 358:2, eff. Sept. 9, 2008.
I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years, provided that the first term shall expire on March 31, 1991. The commissioner shall be qualified to hold that position by reason of education and experience. A vacancy shall be filled for the unexpired term.
II. The commissioner shall nominate each division director for appointment by the governor, with the consent of the council. Each division director shall serve for a term of 4 years. Vacancies shall be filled for the unexpired term. The directors shall be qualified to hold their respective positions by reason of education and experience. The director of state police shall be a citizen of the United States and shall have had experience in the investigation of crime, criminal prosecution, and in the enforcement of traffic laws at the time of his appointment.
III. The salaries of the commissioner and the division directors shall be as specified in RSA 94:1-a.
Source. 1987, 124:1, eff. July 1, 1987.
In addition to the powers, duties, and functions otherwise vested by law, including but not limited to those enumerated in RSA 21-G:9, the commissioner of the department of safety shall:
I. Represent the public interest in the administration of the department of safety and be responsible to the governor, the general court, and the public for such administration.
II. Require the director of the division of administration, in consultation with the commissioner of administrative services and the treasurer, to provide for a system of accounts and reports in accordance with generally accepted accounting principles, which will insure the integrity and lawful use of all revenues collected by the department, the use of which is restricted by state or federal law.
III. Have authority to adopt rules, under RSA 541-A, necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
IV. Have discretion to grant to highway enforcement officers within his department certain police powers as follows:
(a) Power to serve criminal and habitual offender process, make arrests, and enforce all criminal laws and motor vehicle laws and rules of the state.
(b) Power to inspect motor vehicles transporting hazardous materials in accordance with RSA 21-P:17.
(c) Power to enforce the provisions of RSA 376 and RSA 359-T.
V. Have discretion to grant to the state fire marshal and any deputy fire marshal or fire investigator within the division of public safety the authority to detain and make arrests as a peace officer pursuant to RSA 594, to serve criminal processes, to enforce the rules adopted under RSA 153:4-a and RSA 153:5, and to enforce RSA 154:7-a in order to promote the efficient discharge of such persons' lawful duties. Except for fire investigators under RSA 154:7-a, the commissioner shall assure in granting the authority provided in this paragraph that any person so designated has received appropriate law enforcement training through a program approved by the police standards and training council. Whenever persons authorized as peace officers under this paragraph are involved in the investigation of felonies or cases involving death due to fires, or whenever an arrest is to be made, such persons shall as soon as practicable notify a law enforcement agency having jurisdiction in the geographical area where the arrest or investigation is to take place.
VI. Have the discretion to grant to bingo and lucky 7 inspectors within the lottery commission certain limited police powers as follows:
(a) Power to serve criminal process.
(b) Power to make arrests for violations of RSA 287-E or any other laws or rules governing bingo and lucky 7 and to enforce and make arrests for violations of any criminal laws which they uncover incident to their enforcement of the bingo and lucky 7 law.
(c) Power to inspect premises that conduct bingo or lucky 7 or any records pertaining to bingo or lucky 7.
VII. Have the discretion to grant authority to issue a citation for violations of fire safety rules adopted under RSA 153:4-a, RSA 153:5, and RSA 160-C and to unlicensed persons who perform actions that require a license under RSA 153:28, RSA 153:29-a, or RSA 329-A to the state fire marshal or his or her designee, or to any fire chief, fire investigator, fire inspector or fire prevention officer who meets the qualifications established pursuant to RSA 21-P:14, II(s). A citation for violations under this paragraph shall carry the penalty set forth under RSA 153:24. A building official or code enforcement officer may also be granted authority under RSA 21-P:14, II(s) to issue a citation to any unlicensed person who performs actions requiring a license under RSA 153:28, RSA 153:29-a, or RSA 329-A.
VIII. Have the discretion to grant authority to act as an appropriate law enforcement authority for service of orders under RSA 153:14 to the state fire marshal or his designee.
IX. Have the authority to cooperate with other states in the exchange of information, on a reciprocal basis, relative to law enforcement matters; including but not limited to, motor vehicle violations involving alcohol or drug-related offenses, criminal matters, missing persons, stolen motor vehicles, and other police-related information. The commissioner shall make such information obtained from other states available to the law enforcement community.
X. [Repealed.]
XI. Have the discretion to grant to police officers of the state office complex police force such titles, ranks, and police powers as the commissioner deems necessary including the power of arrest for violations of the criminal and motor vehicle laws and the power to serve criminal process, and may limit such powers as deemed necessary. They shall have general police powers on the state office campus and New Hampshire hospital grounds and when attempting to apprehend a person who has committed a crime on the campus or escaped from the hospital, and when acting to transport a patient to or from the hospital, the court, or another mental health facility, or when acting to transport to or from a police station or correctional facility.
XII. Establish an easily accessible mechanism for citizens to file complaints with the department relating to on-board diagnostic system testing required by RSA 266:59-b. The complaint mechanism shall include either a telephone number reserved exclusively for such complaints or an Internet site for such complaints that may be accessed through links prominently displayed on Internet sites operated by the department or the state.
XIII. Establish a program to waive the repair requirements of the OBD II testing program. Waivers shall be granted based on indigency or other urgent financial need. The waiver program required by this paragraph shall be consistent with the recommendations of the OBD II testing advisory committee established in RSA 266:59-b, VII and shall be implemented no later than February 1, 2007.
XIV. Have authority, on behalf of the state of New Hampshire:
(a) To participate in the Uniform Carrier Registration System as authorized by section 4305 of the federal Unified Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended.
(b) To enter into a multistate agreement or federal program for the purpose of administering the Uniform Carrier Registration Act of 2005, 49 U.S.C. section 14504a, as amended.
(c) To administer the Unified Carrier Registration System of 2005, 49 U.S.C. section 14504a, as amended.
(d) To adopt rules, under RSA 541-A, as are necessary for the proper administration and enforcement of this paragraph. Such rules may include, without limitation, rules establishing registration fees and other fees sufficient to cover the direct and indirect costs of administration and enforcement of this section. All fees collected under this section shall be deposited into the highway fund to promote motor carrier safety programs and enforcement, and to administer costs associated with the administration of the Unified Carrier Registration System.
XV. [Repealed.]
XVI. Implement the state highway safety program as provided in RSA 21-P:55 through RSA 21-P:63.
XVII. (a) Have discretion to grant to security officers assigned to protect one or more department facilities and grounds such powers as the commissioner deems necessary to quell disturbances, including the power to detain, for up to 2 hours, persons who are creating a disturbance or whom they have reasonable grounds to believe have committed any offense under the laws of the state. In this paragraph, a "disturbance" means behavior or actions that disrupt the orderly conduct of business in a department facility, including bitter exchanges, vulgarities, or abusive, offensive, or insulting comments that impede the orderly disposition of an administrative due process hearing, and any acts of violence or intimidation.
(b) A security officer who has detained a person shall, as soon as practicable, surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction in the geographical area where the detention occurred. Any detention shall be accomplished in a reasonable manner and shall not exceed 2 hours.
(c) Each security officer employed on or after the effective date of this paragraph shall be required to pass a criminal history check, a background investigation, and a psychological evaluation approved by the commissioner, a physical examination by a licensed physician at the department's expense, and an initial training program approved by the commissioner and annual refresher training. The security officer shall serve a one-year term, at the pleasure of the commissioner, and shall be issued such equipment and weapons as the commissioner designates, subsequent to formal training in their usage and periodic retraining. The security officer shall serve in business attire with a suitable badge or other identification or in a distinctive uniform, as determined by the commissioner.
(d) A security officer shall submit a written report regarding any detention, use of physical force, or taking into custody of any person to the commissioner, or the commissioner's designee, and to the division of state police. The division of state police shall be responsible for any court prosecution arising from such incident.
Source. 1987, 124:1; 356:1, 2. 1988, 84:1; 288:1, 14. 1992, 154:1. 2003, 319:84. 2004, 257:1, 49. 2005, 296:1. 2006, 222:1. 2007, 263:167. 2008, 25:1. 2009, 52:3. 2011, 74:1, eff. July 1, 2011; 210:1, eff. Jan. 1, 2012. 2013, 30:1, eff. May 16, 2013; 100:7, eff. Aug. 23, 2013. 2015, 176:1, eff. June 26, 2015; 276:127, 158, eff. July 1, 2015. 2016, 147:12, eff. July 1, 2016. 2017, 201:5, eff. Sept. 3, 2017. 2018, 234:1, eff. July 1, 2019. 2020, 37:86, eff. Sept. 27, 2020. 2022, 14:3, eff. Jan. 1, 2023.
I. The commissioner of safety shall nominate 2 assistant commissioners for appointment by the governor, with the consent of the council. Each assistant commissioner shall serve a term of 4 years, coincident with that of the commissioner, and may be reappointed. The assistant commissioner shall be qualified to hold that position by reason of education and experience.
II. Each assistant commissioner shall perform such duties as are assigned by the commissioner. In the event that the commissioner is unable for any reason to perform his or her duties, the assistant commissioner who has served in that capacity longer shall assume the duties of the commissioner, unless otherwise designated by the commissioner. The assistant commissioners shall be responsible for the operations of the bureau of hearings, and shall, subject to the supervision of the commissioner, exercise authority as required to ensure that the divisions and their directors are implementing the organizational goals and managing the work of the department in an effective manner.
III. The salary of the assistant commissioner shall be as specified in RSA 94:1-a.
Source. 1987, 124:1. 1994, 389:7. 2002, 220:13. 2003, 319:101. 2004, 171:23, eff. July 24, 2004. 2015, 276:36, eff. July 1, 2015.
21-P:5-a Director of Homeland Security and Emergency Management.
I. Notwithstanding the provisions of RSA 21-G and RSA 21-P:3, the commissioner, after consultation with the governor, shall nominate for appointment by the governor and council, a director of homeland security and emergency management, who shall serve for a term of 3 years. The director of homeland security and emergency management shall be qualified by education and experience and shall receive the salary provided in RSA 94:1-a.
II. The director of homeland security and emergency management, under the supervision of the commissioner and the governor, shall devote full time and attention to overseeing the state-level planning, preparation, exercise, response to and mitigation of terrorist threats and incidents and natural and human-caused disasters. He or she shall serve as the state's primary contact with the federal Department of Homeland Security, and shall have authority to oversee and coordinate planning, response, and recovery efforts of all state agencies to terrorist events and natural and human-caused disasters and wide-scale threats to public safety. He or she shall collaborate with the department of health and human services and shall coordinate the efforts of other state agencies in preventing and responding to epidemics and other significant threats to the public health. All state agencies shall and are authorized to cooperate with the director in carrying out his or her duties as enumerated in this section.
III. [Repealed.]
IV. The director of homeland security and emergency management shall keep the president of the senate and speaker of the house of representatives or their designees promptly informed of any impending or actual emergencies that require coordinated action with the legislative branch.
V. During service as director, the director of the division of homeland security and emergency management may elect not to become a member of the retirement system, however if he or she becomes a member he or she shall be eligible to be a group II member if he or she was a group II member or receiving a group II retirement allowance prior to appointment.
Source. 2006, 290:12, eff. July 1, 2006. 2012, 226:4, II, eff. June 16, 2012. 2013, 196:3, 5, eff. July 9, 2013.
The commissioner of safety shall nominate a chief of policy and planning for appointment by the governor, with the consent of the council. The chief of policy and planning shall serve at the pleasure of the commissioner and shall be qualified to hold that position by reason of education and experience and shall perform such duties as are assigned. Notwithstanding RSA 100-A:3 or any other law to the contrary, membership in the retirement system shall be optional. If the incumbent opts to become a member of the retirement system, the incumbent may enroll as a group II member if he or she was a group II member or was receiving a group II retirement allowance prior to appointment.
Source. 2007, 263:89, eff. July 1, 2007. 2025, 141:108, eff. July 1, 2025.
There is established within the department the division of administration under the supervision of an unclassified director of administration who shall, in accordance with applicable laws, be responsible for the following functions:
I. Accounting, purchasing, and budget control.
II. Personnel management.
III. Property, contracts, and grants management.
IV. Data processing.
V. Assistance to the commissioner with short and long range department level planning activities.
VI. [Repealed.]
VII. [Repealed.]
VIII. Collection of fuel taxes and administration of road tolls and the audit functions of the international registration plan under RSA 260.
IX. Appointment, with the approval of the commissioner, of a road toll administrator who shall be a classified employee and who shall, under the supervision of the director of administration, be responsible for administration of the motor vehicle road toll law and the fuel tax agreement. The director of administration may delegate to the administrator authority to sign and execute any documents pertaining to the director's work and such documents so signed by the road toll administrator shall have the same effect as though signed by the director.
Source. 1987, 124:1. 1992, 165:3. 1993, 231:5, I. 2011, 11:1, 6, I, eff. April 25, 2011. 2013, 100:11, eff. Aug. 23, 2013. 2025, 141:382, eff. July 1, 2025.
I. The commissioner of safety shall nominate a deputy director of administration for appointment by the governor, with the consent of the council. The deputy director of administration shall serve a term of 4 years, and may be reappointed. The deputy director of administration shall be qualified to hold that position by reason of education and experience.
II. The deputy director of administration shall perform such duties as are assigned by the director of administration. The deputy director of administration shall assume the duties of the director of administration in the event that the director of administration is unable for any reason to perform such duties.
III. The salary of the deputy director of administration shall be as specified in RSA 94:1-a.
Source. 2019, 346:210, eff. July 1, 2019.
I. There is established within the department the division of state police under the supervision of an unclassified director of state police who shall be responsible for the following functions, in accordance with applicable laws:
(a) Enforcing state criminal and motor vehicle laws, public safety laws, and laws relative to hazardous waste, hazardous materials transportation, and truck weight enforcement.
(b) Issuing nonresident pistol permits in accordance with RSA 159:6.
(c) Carrying out the duties specified in RSA 106-B.
(d) Regulation of detective agencies and security services under RSA 106-F.
(e) Forensic science laboratory services, including expert assistants and such facilities as are necessary to support the investigatory, analytical, and enforcement functions of the state criminal, motor vehicle, hazardous waste, and other public safety laws.
(f) Approving professional standards of conduct and standard operating procedures of the division of state police.
(g) Carrying out the duties assigned to the marine patrol bureau.
II. Notwithstanding any other provision of law, the provisions of RSA 106-B:4 shall continue to apply to the division of state police. The division shall be authorized to continue to use the nomenclature designating the units and personnel of the division in use on the effective date of this chapter.
III. [Repealed.]
Source. 1987, 124:1. 2002, 220:9. 2003, 319:85. 2004, 257:15, I. 2007, 263:106. 2011, 11:2, eff. April 25, 2011; 224:230, eff. July 1, 2011.
The commissioner of safety is authorized to organize a state office complex police force for the purpose of patrolling the New Hampshire hospital's buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The state office complex police force shall be under the immediate control of and responsible to the commissioner of safety or his or her designee.
Source. 2004, 257:50, eff. Jan. 1, 2005. 2018, 234:2, eff. July 1, 2019.
21-P:7-c Authority of State Office Complex Police Force Officers; Memorandum of Understanding; Funding.
I. All police officers of the state office complex police force shall possess such police powers as are granted to them by the commissioner of safety pursuant to RSA 21-P:4, XI and shall be fully certified as police officers by the police standards and training council pursuant to RSA 106-L. In addition they shall receive additional training in dealing with persons with mental illness as specified by the commissioner of safety after consultation with the chief executive officer of the New Hampshire hospital.
II. The commissioner of the department of health and human services shall enter into a memorandum of understanding with the commissioner of safety for the purposes of delineating the functions, duties, and responsibilities of the department of safety in regard to the provision of security and dispatch services to the New Hampshire hospital. The memorandum of understanding shall include, but not be limited to: responding to emergencies within New Hampshire hospital, maintaining the security of the hospital buildings, insuring the safety of patients, staff, and visitors, apprehending involuntarily committed persons who leave the hospital without authorization, accepting custody of involuntary admissions, transporting patients for medical, legal, and other purposes, investigating cases of abuse, neglect, sexual assault, and other criminal conduct, providing training, and conducting searches and seizures of contraband. In addition, the department of safety shall provide dispatch services including, but not limited to: monitoring hospital access between 8 p.m. and 8 a.m., operating and monitoring video security systems, receiving incoming communications, assessing the priority of the call and dispatching appropriate assistance, coordinating emergency preparedness procedures, receiving incoming fire calls and alarms, and operating the switchboard between 8 p.m. and 8 a.m. and at other times as needed.
III. Within the limits of funds budgeted for state office complex police force positions, the department of health and human services shall maintain the funding for the state office complex police force and pay the department of safety for providing these services.
Source. 2004, 257:50. 2008, 61:4, eff. May 21, 2008. 2017, 206:6, eff. Sept. 8, 2017. 2018, 234:3, eff. July 1, 2019.
21-P:7-d Authority of Department of Safety Security Officers.
I. The commissioner may appoint department of safety security officers for the purpose of keeping the peace at department facilities and grounds and protecting department employees. The security officers shall be under the immediate control of, and be responsible to the commissioner or the commissioner's designee. Security officers shall have the authority of an ex officio constable and possess such limited police powers and authority as are granted to them by the commissioner pursuant to RSA 21-P:4, XVII. The security officers shall be entitled to the same statutory indemnification regarding their official acts as other state officials and employees.
II. Whenever a security officer detains an individual, the security officer shall surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction in the geographical area where the detention occurred.
III. Security officer staff shall be considered a law enforcement agency for purposes of receiving and exchanging criminal justice information and motor vehicle record information with the division of state police, the division of motor vehicles, the division of homeland security and emergency management, and other law enforcement agencies and officials.
IV. Security officers shall not be required to meet all of the physical, training and educational requirements of RSA 106-L:6, but may attend and participate in training programs at the police standards and training council and, upon successfully completing such programs, shall receive the same academic credits or certifications as other peace officers attending such programs.
V. Security officers who were certified police officers prior to appointment to the security staff may retain or regain their police certification while serving as sworn department of safety security officers upon completing such remedial or updated continuing education and other requirements as the police standards and training council may require.
Source. 2020, 37:87, eff. Sept. 27, 2020.
There is established within the department the division of motor vehicles under the supervision of an unclassified director of motor vehicles who shall be responsible for the following functions, in accordance with applicable law:
I. Motor vehicle and driver regulation, including, but not limited to, driver licensing, vehicle registration, financial responsibility compliance, and title issuance.
II. Registration of commercial and private boats, as provided in RSA 270-E:3.
III. Administration of the motor vehicle laws under RSA 260, except for road toll administration under RSA 260:30 through RSA 260:65-a, which shall be administered by the division of administration.
IV. [Repealed.]
Source. 1987, 124:1. 1990, 229:16. 2002, 220:11. 2011, 11:3, 6, II, eff. April 25, 2011. 2013, 100:12, eff. Aug. 23, 2013. 2025, 141:383, eff. July 1, 2025.
21-P:9 Assistant to the Director; Financial Responsibility Supervisor.
The director of motor vehicles, with the approval of the commissioner, shall appoint the following assistants, who shall be classified employees:
I. An assistant to the director of motor vehicles, who shall carry out such duties as may be assigned to him or her by the director.
II. A financial responsibility supervisor who shall assume, under the control of the director of motor vehicles, the responsibility of the administration of the motor vehicle financial responsibility law. The director may delegate to said supervisor authority to sign and execute any documents pertaining to his or her work and such documents so signed by the supervisor shall have the same effect as though signed by the director.
Source. 1987, 124:1; 356:3. 2005, 203:1, 2. 2011, 11:4, eff. April 25, 2011.
I. The department of safety shall submit as part of the biennial report required under RSA 20:7, a report on the revenue generated from safe boater education certificates.
II. In conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include the revenue generated from safe boater education certificates and all revenues and expenditures of the navigation safety fund established in RSA 270-E:6-a.
Source. 2002, 272:9. 2008, 358:3. 2011, 224:236, eff. July 1, 2011. 2017, 34:1, eff. May 9, 2017.
I. The commissioner of safety shall nominate a deputy director of motor vehicles for appointment by the governor, with the consent of the council. The deputy director of motor vehicles shall serve a term of 4 years, and may be reappointed. The deputy director of motor vehicles shall be qualified to hold that position by reason of education and experience.
II. The deputy director of motor vehicles shall perform such duties as are assigned by the director of motor vehicles. The deputy director of motor vehicles shall assume the duties of the director of motor vehicles in the event that the director of motor vehicles is unable for any reason to perform such duties.
III. The salary of the deputy director of motor vehicles shall be as specified in RSA 94:1-a.
Source. 1999, 225:23, eff. July 1, 1999.
There is established within the department a division of fire safety. Such division shall be under the supervision of an unclassified director who shall be known as the state fire marshal. The state fire marshal shall be nominated by the commissioner of safety, after consultation with the state advisory board of fire control, for appointment by the governor, with the consent of the council, and shall serve a term of 4 years until a successor is appointed. If no successor has been appointed with the consent of the council within 6 months of the expiration of the term, the governor shall appoint a successor with the consent of the council. The state fire marshal shall be academically and technically qualified to hold the position. The state fire marshal shall be a citizen of this state or become a citizen of this state within one year of his or her appointment. He or she shall devote his or her entire time to the duties of the division of fire safety and shall receive the salary specified in RSA 94:1-a for the state fire marshal. The state fire marshal shall be responsible for the following functions, in accordance with applicable law:
I. Investigation of the causes and circumstances of fires.
II. Fire safety regulations and education.
III. Coordination of state agency response to accidents involving hazardous materials, and regulation of liquid propane gas pipelines safety, except propane gas pipelines regulated by the public utilities commission pursuant to RSA 362. The director, with the approval of the commissioner, shall appoint a hazardous materials incident response coordinator who shall assist local incident commanders with command, logistics, and resources, coordinate the training and procedures of the state's regional hazardous materials response teams in all areas of the state, oversee the preparedness of the hazardous materials response teams and assist local communities in their efforts to obtain reimbursement for emergency responses pursuant to RSA 154:8-a, II-a.
III-a. Administration of the modular building standards program under RSA 205-C.
IV. Carrying out all other functions assigned to him in RSA 153 or any other provision of law.
V. [Repealed.]
VI. [Repealed.]
VII. Administration, supervision, and enforcement of RSA 153:27-38. There is hereby established within the department of safety a bureau of building safety and construction under the supervision of the state fire marshal, which shall include the mechanical safety staff.
VIII. Provision of clerical support for the state advisory board of fire control.
IX. Participation in an advisory capacity in state agency siting of hydrogen facilities, transportation, and storage, and the permitting and coordination of state agency response to accidents at facilities that produce more than 20 MW of electricity, involving hydrogen and hydrogen gas safety, in coordination with the hydrogen advisory committee in RSA 362-H:3.
Source. 1987, 124:1. 1989, 388:1, 11. 1994, 389:8. 2002, 220:1; 257:1, 5. 2003, 319:102, 131, III. 2004, 171:24. 2005, 122:1; 177:104, 105. 2006, 206:1. 2011, 11:5, eff. April 25, 2011. 2012, 237:7, II, eff. June 4, 2013. 2013, 275:1, eff. July 1, 2013. 2023, 148:3, eff. July 1, 2023.
21-P:12-a Division of Fire Standards and Training and Emergency Medical Services; Disposition of Funds.
I. There is established within the department a division of fire standards and training and emergency medical services, under the supervision of an unclassified director of fire standards and training and emergency medical services who shall administer and supervise a fire and emergency medical service training and research program throughout the state. The director of fire standards and training and emergency medical services shall be nominated by the commissioner of safety, after consultation with the fire standards and training commission and the emergency medical and trauma services coordinating board, for appointment by the governor, with consent of the council, and shall serve a term of 4 years until a successor is appointed. The commission shall take a recorded vote regarding its concurrence or non-concurrence in the commissioner's nomination decision. If the commission votes not to concur in the decision, it shall submit a letter to the commissioner so stating, and the commissioner shall in turn submit that letter to the governor and council. The director of fire standards and training and emergency medical services shall be academically and technically qualified to hold the position, and shall receive the salary specified in RSA 94:1-a.
II. The director shall:
(a) Be responsible for the day-to-day operations of the division of fire standards and training and emergency medical services, the operations of the fire academy, including establishing training programs and offering instruction in methods of determining and dealing with the causes of fire and the prevention of fire, techniques in firefighting, emergency medical services, and rescue, research and techniques in firefighting and fire protection, the administration and management of fire departments and emergency medical services units, and the provisions of RSA 21-P:12-b.
(b) Establish fees to be collected for tuition, licenses, and services. Such fees shall be subject to the approval of the commissioner of the department of safety. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.
(c) Establish, maintain, approve, and certify programs, courses, institutions, and facilities for study for all fire service and emergency medical services personnel and recruits according to accepted curricula.
(d) Develop and administer the provision of professional instruction and training for all fire, rescue, and emergency medical services.
(e) Develop and promote new methods and practices of firefighting, delivery of emergency medical services, rescue operations, injury prevention, fire prevention, and fire and emergency medical services administration.
(f) Disseminate information relative to fire and rescues, techniques of firefighting and rescuing, fire prevention, fire administration, emergency medical services, and other related subjects to all interested agencies and individuals throughout the state.
(g) Be authorized to employ part-time instructors or assistants and compensate them for organizing, developing, and conducting approved fire training, emergency medical services, and rescue courses or other work as directed at an hourly rate established by the commissioner and for mileage and expenses incurred in performing their official duties.
(h) With the approval of the commissioner, accept in the name of the state any and all donations, fees for tuition, rents, services and any and all moneys and grants from any governmental unit, public agency, institution, person, firm, or corporation and receive, utilize, expend, and dispose of such funds subject to budgetary provisions, consistent with the rules of the department of safety and the purposes or conditions of the donations or grant.
III. The receipt of a donation or grant under subparagraph II(h) shall be noted in the biennial report of the department of safety, which will also identify the nature of the donation or grant and the conditions of the donation or grant, if any. Any moneys received by the division pursuant to subparagraph II(h) shall be deposited in the state treasury to the account of the department of safety and shall not lapse. In addition, the division may receive, hold, and use gifts, bequests, and devises either outright or in trust for purposes consistent with this chapter.
Source. 1994, 389:9. 1997, 135:1. 1998, 321:3. 2001, 91:15. 2004, 171:26, eff. July 24, 2004.
I. There is established within the division of fire standards and training and emergency medical services a bureau of emergency medical services under the supervision of a classified chief of the bureau of emergency medical services reporting to the division director.
II. The bureau chief, under the supervision of the director of the division of fire standards and training and emergency medical services, shall:
(a) Be responsible for the day-to-day operations of the bureau of emergency medical services.
(b) Plan and provide operational resources as available, for the coordination of emergency medical and adult and pediatric trauma services recommended throughout the state with and between private units and local, county, and state agencies. Such a plan shall include provisions for response to mass casualty incidents. The plan shall be tested by exercises from time to time in coordination with other appropriate local and state agencies.
(c) Carry out public information and education relative to the availability and appropriate use of the emergency medical and trauma services system.
(d) [Repealed.]
(e) Provide for the training and for the written and practical testing of emergency medical care providers, in accordance with RSA 153-A:11.
(f) License emergency medical care providers, emergency medical service units, emergency medical service instructor/coordinators, emergency medical service training agencies, and emergency medical service vehicles.
(g) Establish a data collection and analysis capability that provides for the evaluation of the emergency medical and trauma services system and for modifications to the system based on identified gaps and shortfalls in the delivery of emergency medical and trauma services. Any emergency medical and trauma services data or analysis collected or maintained by the division may be provided to any state or federal agency or to any third party entity contracted to work on behalf of a federal or state entity, provided that such use does not violate the confidentiality of recipients of emergency medical care. The provisions of RSA 153-A:35 shall be followed with regard to other uses of this data for research and evaluation purposes, and for protecting the confidentiality of data in those uses. All analyses shall be public documents, provided that the identity of the recipients of emergency medical care are protected from disclosure either directly or indirectly.
(h) Carry out investigations as provided under RSA 153-A:14.
(i) Provide administrative support, within the limits of available funding, to the coordinating board, emergency medical services medical control board, trauma medical review committee, and the councils.
(j) With the approval of the commissioner, be authorized to employ part-time instructors, evaluators, and practical skill examination aides for the purpose of delivering training and written and practical examinations.
(k) Prepare budgets and grant requests for funds needed to maintain an effective emergency medical and trauma services system, and plan initiatives related to improving the general health of the public.
(l) With the approval of the commissioner, accept in the name of the state any and all donations, fees for tuition, rents, services, and any and all money and grants from any governmental unit, public agency, institution, person, firm, or corporation and receive, utilize, expend, and dispose of such funds subject to budgetary provisions, consistent with the rules of the department of safety and the purposes or conditions of the donation or grant.
(m) With the approval of the commissioner, establish fees to be collected for tuition, services, and licenses. The commissioner may for good cause waive any fees charged under this subparagraph and may authorize tuition reimbursement from the fire standards and training and emergency medical services fund.
(n) Develop and implement a plan for individuals possessing a New Hampshire emergency services license to provide non-emergency services at social or sporting events. Such plan shall be developed and implemented by July 1, 2013. The plan shall be distributed to the commissioner of safety, the director of the division of fire standards and training and emergency medical services, and the chair of the emergency medical and trauma services coordination board.
(o) Notwithstanding paragraph II(g), the division is hereby authorized to execute all documents, and perform all other acts necessary to participate in the National Emergency Medical Services Information System or any similar data collection, sharing, or analysis system, provided that the data provided to any such system does not violate the confidentiality of recipients of emergency medical care. The commissioner shall review and approve any such authorization prior to sharing any data.
III. The receipt of a donation or grant under subparagraph II(l) shall be noted in the annual report of the department of safety, which will also identify the nature of the donation or grant and the conditions of the donation or grant, if any. Any moneys received by the division pursuant to subparagraph II(l) shall be deposited in the state treasury to the account of the department of safety and shall not lapse. In addition, the division may receive, hold, and use gifts, bequests, and devises either outright or in trust for purposes consistent with this chapter.
Source. 1999, 345:3. 2001, 91:3. 2004, 171:26. 2011, 169:1, eff. Jan. 1, 2012. 2012, 216:1, eff. June 13, 2012. 2018, 144:1, eff. July 29, 2018. 2022, 169:1, 2, eff. Aug. 6, 2022. 2025, 141:106, 107, eff. July 1, 2025.
21-P:12-c Liability Limited; State Certified Fire Instructors.
I. Any person who is a state certified fire instructor employed by a nonprofit fire department or emergency medical service unit shall be immune from civil liability in any action brought on the basis of any act or omission during training which results in damage or injury to any person if:
(a) The instructor had prior written approval from the division, to teach a curriculum approved by the fire standards and training commission;
(b) The instructor was acting in good faith and within the scope of the instructor's official functions and duties as an instructor; and
(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the instructor.
II. In this section:
(a) "Damage or injury" includes physical, nonphysical, economic and noneconomic damage and property damage.
(b) "Nonprofit fire department" shall include, but not be limited to, not for profit fire service organizations exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state.
(c) "State certified fire instructor" means a person who has completed the requirements to hold such certification as approved by the New Hampshire fire standards and training commission.
Source. 2000, 196:1, eff. Jan. 1, 2001.
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, the division of homeland security and emergency management, and the position of fireworks inspector, under RSA 160-C:17. If the expenditure of additional funds over budget estimates was unanticipated and 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 division of homeland security and emergency management, the commissioner of the department of safety may transfer funds, with the prior approval of the fiscal committee of the general court, from this fund to the department of safety for such purposes.
Source. 2001, 91:4. 2003, 248:1. 2004, 171:27. 2008, 192:4, eff. June 11, 2008; 361:16, eff. June 11, 2008 at 12:01 a.m. 2012, 247:14, eff. Aug. 17, 2012. 2013, 144:69, eff. July 1, 2013.
21-P:12-e Fire Standards and Training, Emergency Medical Services, and Fire Safety Report and Budget.
I. The department of safety shall submit as part of the annual report required under RSA 20:7, a report on the training and educational programs offered or contracted by the division of fire standards and training and emergency medical services and the activities of the division of fire safety, the development of the technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the budget and revenue projections of the 2 divisions, the degree of coordination with municipal fire and emergency medical services departments, and the extent of direct aid to municipalities and mutual aid associations.
II. In conjunction with the operating budget of the department of safety, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all programs offered or contracted by the division of fire standards and training and emergency medical services and the division of fire safety, the development of technological advancements in division programs, the revenue generated from the sale of motor vehicle records, the extent of direct aid to municipalities and mutual aid associations, and all revenues and expenditures of the dedicated fund established in RSA 21-P:12-d.
Source. 2001, 91:4. 2003, 248:3. 2004, 171:27. 2008, 358:4, eff. Sept. 9, 2008.
21-P:12-g Mental Health Training for First Responders.
I. No person shall assume their role as fire service personnel, fire service dispatcher or emergency medical services personnel unless such person has satisfactorily completed mental health training focusing on post-traumatic stress from a program developed and delivered by the division of fire standards and training and emergency medical services. Subsequent to initial training, all fire service, fire service dispatcher, or emergency medical services personnel shall successfully complete annual online training. No current personnel shall be required to attend in-person training at the academy.
II. Mental health training focusing on post-traumatic stress disorder shall be made available annually to all fire service or emergency medical services personnel after their retirement.
Source. 2022, 331:3, eff. Sept. 6, 2022.
I. There is established within the department the bureau of hearings under the supervision of an administrator of hearings, who shall be directly responsible to the assistant commissioner, and who shall be a classified employee.
II. The bureau of hearings shall be responsible for holding all adjudicative hearings on behalf of the commissioner of safety or any division of the department. The bureau of hearings shall have authority to take disciplinary action in the name of such division against any holder of a license, permit, or registration issued by such division in accordance with law.
II-a. Unless otherwise provided by law, all appeals of a decision of the commissioner of safety or the bureau of hearings shall be pursuant to RSA 541.
III. The commissioner of safety or designee is authorized, whenever the commissioner deems it feasible, upon giving timely written notice to the parties, to provide to the parties to an administrative hearing the opportunity to hold the hearing and take testimony by video teleconference, provided that testimony is limited to the matters relating to hearings that are open to the public in accordance with RSA 541-A. Either party shall have an opportunity to file a timely written objection to the introduction of testimony by video teleconference, stating its reasons for the objection, and the commissioner or designee, upon determining that one or more of the parties would be substantially disadvantaged in presenting their case by video teleconference, may order live testimony. For purposes of this section, "video teleconference" includes the use of any technology that provides live, interactive aural and visual communication.
Source. 1987, 124:1. 2011, 220:1, eff. Aug. 27, 2011. 2013, 125:1, eff. Jan. 1, 2014.
21-P:14 Rulemaking Authority; Commissioner of Safety.
I. The commissioner of safety shall develop and adopt rules, under RSA 541-A, relating to driver education courses to be given in the secondary schools of the state and motor vehicle drivers' schools licensed under the provisions of RSA 263:44, and relating to the licensing of the schools and of their teachers and instructors, which rules shall cover the subjects of:
(a) Facilities and equipment.
(b) The educational background and other qualifications of teachers and instructors.
(c) Curriculum and hours during which instruction may be given.
(d) Amounts of insurance with respect to training vehicles and other facilities of the school, which may be in addition to any other insurance coverage required by law.
(e) Admission and advertising practices, together with terms of enrollment, of schools licensed under the provisions of RSA 263:44.
(f) Uniform classifications for certification of driver education instructors, including the same types of certification levels and the same qualifications required for each level for both private and public school instructors, and a system of fees for certification.
(g) Any other subject which in the judgment of the commissioner requires rulemaking to promote the effectiveness of driver education courses.
II. The commissioner of safety shall adopt rules, under RSA 541-A, relative to:
(a) Regulation of hazardous materials and wastes and low-level radioactive waste, as authorized by RSA 21-P:17, I.
(b) The administration of the division of state police and fees for criminal record and fingerprint checks, as authorized by RSA 106-B:7.
(c) Gathering information and maintaining records on criminals, as authorized by RSA 106-B:14, I.
(d) Licensing private investigative agencies, security guard services, and bail recovery agents, as authorized by RSA 106-F:3.
(e) The sale, storage, handling and transportation of explosives, as authorized by RSA 158:9-f.
(f) Nonresident pistol permits, as authorized by RSA 159:6.
(g) [Repealed.]
(h) [Repealed.]
(i) Regulation of boats and boaters, as authorized by RSA 270:11.
(j) [Repealed.]
(k) Noise level testing and certification, as authorized by RSA 270:39.
(l) Regulation of rafting of boats, as authorized by RSA 270:43.
(m) Regulation of carnival and amusement rides, as authorized by RSA 321-A:2.
(n) Registration fees for carnival or amusement operators, as authorized by RSA 321-A:5, I.
(o) Self-dialing alarm systems, as authorized by RSA 370-A:2.
(p) Railroad police, as authorized by RSA 106-N:11.
(q) [Repealed.]
(r) Qualifications of persons to receive the authority of peace officers under RSA 21-P:4, V.
(s) Qualification for a person to receive the authority granted pursuant to RSA 21-P:4, VII.
(t) [Repealed.]
(u) Application for and issuance of household goods carrier certificates, including all necessary forms, as authorized by RSA 359-T.
(v) Annual reporting requirements, as authorized by RSA 359-T.
(w) Regulating household goods carriers, as authorized by RSA 359-T.
(x) [Repealed.]
(y) Regulation of common and contract carriers of passengers by motor vehicle, as authorized by RSA 266-A:21.
(z) The establishment of training criteria for hazardous materials incident responders and for the implementation of a statewide hazardous material command system. Such rules shall be in addition to rules adopted under RSA 21-P:14, II(a) and shall be adopted after consultation with the fire standards and training commission. No rule shall infringe on the authority of the governor or the office of emergency management under this chapter or RSA 4.
(aa) Vessel registration and numbering under RSA 270-E.
(bb) Administrative fines for inspection stations in violation of any inspection law or rule, as authorized under RSA 266:1, XI.
(cc) Licensing of emergency medical care providers and administration and enforcement of emergency medical and trauma care services under RSA 153-A.
(dd) The methods, procedures, and techniques for the testing of blood, urine, and breath to determine alcohol concentration as described under RSA 265-A:5, V.
(ee) [Repealed.]
III. The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to motor vehicle registration as follows:
(a) Application for and issuance of motor vehicle certificates of title, including all necessary forms, as authorized by RSA 261:1, 261:4, and 261:31, I.
(b) Exemption from the motor vehicle certificate of title requirement, as authorized by RSA 261:3.
(c) Maintaining records of motor vehicle certificates of title, as authorized by RSA 261:7.
(d) Requirements for posting bond when motor vehicle ownership is in doubt, as authorized by RSA 261:10, II.
(e) Certificates of title held by motor vehicle dealers, as authorized by RSA 261:15.
(f) Voluntary and involuntary transfers of interests in a motor vehicle, as authorized by RSA 261:14, 261:16, and 261:17.
(g) Certificates of title for salvage vehicles, as authorized by RSA 261:22.
(h) Issuance of duplicate certificates of title, as authorized by RSA 261:12.
(i) Perfection, assignment, and release of security interests in motor vehicles, as authorized by RSA 261:24-29.
(j) Investigations to procure information relative to motor vehicle certificates of title, as authorized by RSA 261:31, II.
(k) Identification numbers for vehicles, as authorized by RSA 261:31, IV.
(l) Fees for issuing certificates of title, as authorized by RSA 261:20.
(m) Application for and issuance of certificates of registration for motor vehicles, including all necessary forms, as authorized by RSA 261:40 and 261:52.
(n) Registration of motor vehicles owned by nonresidents, as authorized by RSA 261:42-48.
(o) Maintaining records of certificates of registration, as authorized by RSA 261:58.
(p) Preparation and distribution of registration listings, as authorized by RSA 261:60.
(q) Extension of registration expiration, as authorized by RSA 261:63.
(r) Exemption from the registration requirement for certain construction equipment, as authorized by RSA 261:64.
(s) [Repealed.]
(t) Issuing certificates of registration upon transfer of ownership, as authorized by RSA 261:66.
(u) Procedures for registration by municipal agents, as authorized by RSA 261:74-a-261:74-g.
(v) Issuance of number plates for motor vehicles, as authorized by RSA 261:75-97.
(w) Registration by motor vehicle manufacturers or dealers, including the posting of bond by a dealer, as authorized by RSA 261:97 through RSA 261:111-a.
(x) Registration by motorcycle and moped manufacturers or dealers, as authorized by RSA 261:112-113.
(y) Registration by transporters, as authorized by RSA 261:114-118.
(z) Registration by utility dealers, as authorized by RSA 261:119-122.
(aa) Registration by automotive recycling dealers, as authorized by RSA 261:123-134.
(bb) Registration by motor vehicle repairers, as authorized by RSA 261:136-139.
(cc) Classification of motor vehicles for registration fee purposes, as authorized by RSA 261:143.
(dd) Exemption from registration fees for publicly owned vehicles, as authorized by RSA 261:145, and for emergency vehicles, as authorized by RSA 261:146.
(ee) Refund of registration fees for members of the armed forces, as authorized by RSA 261:68.
(ff) Municipal permits for registration, as authorized by RSA 261:148.
(gg) Exemption from municipal permit fees for certain veterans, as authorized by RSA 261:157, RSA 261:157-a, and 261:159; and for nonprofit organizations, as authorized by RSA 261:158.
(hh) Suspension of registrations, licenses, and privileges, as authorized by RSA 261:177 and 261:178.
(ii) Permits for the use of antique motor car registration plates, as authorized by RSA 261:89-a.
IV. The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to licensing drivers as follows:
(a) Procedures for and information required on driver's license applications, including all necessary forms, as authorized by RSA 263:5.
(b) Driver's license examination and reexamination requirements, as authorized by RSA 263:6 and 263:7.
(c) Restricted licenses, as authorized by RSA 263:13.
(d) Conditions and requirements for a driver's license, as authorized by RSA 263:14-263:33-b.
(e) Intrastate licenses for nonresidents, as authorized by RSA 263:39-a.
(f) Access to information regarding anatomical gifts, as authorized by RSA 263:41.
(g) Collection of drivers' license fees, as authorized by RSA 263:42.
(h) Petitions for refund of fees, as authorized by RSA 263:43.
(i) Application and requirements for issuance of motor vehicle drivers' school licenses, as authorized by RSA 263:44-47 and 263:49-51.
(j) Suspension or revocation of a driver's license or driving privilege, as authorized by RSA 263:53 through RSA 263:65, RSA 263:73, RSA 265-A:26, and RSA 265-A:29.
(k) Appeals of driver's license denial, suspension, or revocation, as authorized by RSA 263:75, RSA 265-A:34, and RSA 263:76.
(l) Application for and issuance of a vanpooler's permit, as authorized by RSA 266-A:2, XII.
(m) Commercial driver license requirements, as authorized by RSA 263:98.
(n) Temporary driver's licenses, including procedures for the issuance, revocation, form, and other related matters, as authorized by RSA 263:5-a.
(o) Format, content and procedures for the display of the notice required under RSA 260:10-a, II.
(p) Criteria for waiver of the default fee required under RSA 263:56-a, I-a.
(q) Approval of driver attitude programs and fee as provided in RSA 263:56-e.
(r) Administrative suspension of motor vehicle licenses pursuant to RSA 265:91-b and RSA 265:91-c and RSA 265-A:30 through RSA 265-A:32, including notices, forms, temporary driving permits, hearing procedures, and procedures for restoration after the suspension period.
(s) Establishment of administrative procedures to aid in the collection of protested checks relating to drivers' licenses, vehicle registrations, titles, permits or fees, including provisions for suspension of license, registration, title, or permit.
(t) Procedures for conducting the problem driver pointer system search, including forms and procedures to be used in conducting a problem driver pointer search as initiated by an employer.
V. The commissioner of safety shall adopt rules, under RSA 541-A and RSA 260:5, relative to motor vehicle regulation as follows:
(a) Motor vehicle inspection, as authorized by RSA 266:1, I.
(b) School bus inspection, as authorized by RSA 266:7.
(c) School bus design, as authorized by RSA 266:62.
(d) School bus driver certification, as authorized by RSA 263:29.
(e) Proof of financial responsibility, as authorized by RSA 264:1 and 264:2, II.
(f) Forms of security, as authorized by RSA 264:4.
(g) Reports of motor vehicle accidents, as authorized by RSA 264:25.
(h) Licensing of distributors of motor fuels, as authorized by RSA 260:36.
(i) Licensing of transporters of motor fuels and petroleum products, as authorized by RSA 260:42, I.
(j) Reporting requirements for motor fuel distributors and transporters, as authorized by RSA 260:43.
(k) Refunds of road tolls on motor fuels, as authorized by RSA 260:47, 260:48 and 260:49.
(l) Licensing of users of special fuels, as authorized by RSA 260:52, V.
(m) Special fuel user bonds.
(n) [Repealed.]
(o) Notification of statutory liens, as authorized by RSA 260:63.
(p) Procedures for motor vehicle hearings, including habitual offender hearings.
(q) Procedures for the inspection and verification of oil import records pursuant to RSA 146-A:11-b after consultation with the department of environmental services and the oil fund disbursement board, and pursuant to RSA 147-B:12 after consultation with the department of environmental services.
(r) Procedures and criteria for authorizing the disposal of abandoned vehicles pursuant to RSA 262:36-a.
(s) Issuance of permits for emergency lights for hospital emergency personnel pursuant to RSA 266:78-c, V.
(t) [Repealed.]
(u) School bus driver qualification files, school bus operation and school bus accident reports, as provided in RSA 263:29-a.
VI. The commissioner of safety shall adopt by rule, under RSA 541-A, the fuel tax agreement and any proposed changes to the fuel tax agreement that have been adopted by the legally joined jurisdictions to the agreement.
VII. The commissioner of safety, in consultation with the fire standards and training commission and the emergency medical and trauma services coordinating board, shall adopt rules under RSA 541-A, relative to:
(a) Fees for tuition, services, and licenses under RSA 21-P:12-a and 21-P:12-b.
(b) Tuition reimbursement under RSA 21-P:12-a and 21-P:12-b.
(c) The circumstances in which a waiver may be granted under RSA 21-P:12-a, II(b) and RSA 21-P:12-b, II(m).
VIII. The commissioner of safety, in consultation with the enhanced 911 commission, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The conduct of the enhanced 911 commission meetings.
(b) The development of minimum selection, educational, and training standards for emergency public safety answering point personnel.
(c) Procedures for the conduct of investigations authorized under RSA 106-H.
(d) Procedures for the collection and updating of the necessary database.
(e) Procedures for the necessary cooperation and coordination with telephone utilities, municipalities, and the public for the effective implementation of the enhanced 911 system.
(f) Procedures necessary for adequate funding of the enhanced 911 system, including coordination with the public utilities commission for appropriate tariff and billing mechanisms.
(g) Procedures necessary to provide for the proper administration of RSA 106-H.
IX. The commissioner of safety shall adopt rules, under RSA 541-A, for the licensing of persons responsible for the use of flame, pyrotechnics, or other means of special effects for entertainment, exhibition, demonstration, or simulation before a proximate audience as regulated by the state fire code adopted under RSA 153:5 and for establishing fees for such licenses.
X. The commissioner of safety shall have authority to approve rules prior to adoption by the mechanical licensing board, as provided in RSA 153:16-b and 153:27-38.
Source. 1987, 124:1; 296:4; 356:4. 1988, 64:21; 151:15, II; 271:6; 288:15. 1989, 230:11; 253:7; 309:4; 319:18; 384:2. 1990, 62:1; 107:1; 190:2; 229:18. 1991, 73:2; 108:1; 347:8. 1992, 163:2; 258:2. 1993, 171:4; 294:2; 337:4, 7. 1994, 184:1; 350:9; 364:8. 1995, 41:3; 85:1; 282:6. 1996, 19:4; 228:10, 11; 292:1, 2, 41, I. 1997, 252:5, I. 1999, 164:2; 345:4. 2001, 91:5; 293:12-14. 2002, 257:6. 2003, 298:1; 319:87, 103. 2004, 247:3; 257:15, II. 2006, 206:2; 216:1; 260:4-6; 317:1. 2007, 230:2. 2008, 249:6; 358:13. 2010, 94:2, 3. 2011, 8:3, eff. June 24, 2011; 224:6, eff. June 29, 2011. 2013, 100:6, II, eff. Aug. 23, 2013; 275:2, 15, III, eff. July 1, 2013. 2015, 142:12, eff. July 1, 2015. 2016, 145:2, I, eff. July 26, 2016; 196:13, eff. Jan. 1, 2017. 2019, 279:1, eff. Sept. 17, 2019. 2022, 14:6, eff. Jan. 1, 2023. 2024, 33:11, eff. July 1, 2024.
21-P:15 Departmental Organization; Transfers of Personnel and Appropriations.
I. Upon the recommendation of the commissioner, the governor and council are authorized to approve such changes in internal administrative departmental organization not inconsistent with RSA 21-P as the governor and council find from time to time may improve or make more economical the administration of the department; provided, however, that no such change shall eliminate any then existing position within the classified services.
II. With the approval of the governor and council, the commissioner is authorized to transfer classified personnel, appropriations or portions of appropriations relating to such personnel or appropriations as well as necessary equipment, within or between any division of the department, provided, however, that no such transfer shall eliminate the classified position transferred.
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 commission, prior to the transfer being proposed to the governor and council.
IV. [Repealed.]
Source. 1987, 124:1. 1989, 388:7. 1992, 165:4. 1993, 231:5, II. 1994, 389:10. 2000, 36:1. 2004, 171:28. 2005, 149:4, eff. Aug. 20, 2005.
There is created within the department of safety, division of fire safety, the classified position of hazardous materials incident response coordinator. The coordinator shall oversee the preparedness of the state's regional hazardous materials response teams as provided in RSA 21-P:12, III. During full-time service as hazardous materials incident response coordinator, the hazardous materials incident response coordinator shall be eligible to be a group II member, if he or she was a group II member or receiving a group II retirement allowance prior to being hired into this position.
Source. 2002, 220:2, eff. July 16, 2002. 2025, 141:104, eff. July 1, 2025.
I. The commissioner may require a background investigation and a criminal history records check on any candidate for employment or promotion prior to a final offer of employment. The commissioner may request only a state records check or both a federal and state records check, to be conducted through the division of state police. The department may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check.
II. A candidate for employment in a position which the commissioner determines requires a background investigation and a criminal history records check shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.
III. To obtain a state records check only, the department shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the department shall submit the criminal history records release form and applicant fingerprint card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the commissioner. The department may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The department shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.
IV. In this section, "candidate for employment" shall include candidates for contract positions, volunteers, or interns.
Source. 2013, 176:4, eff. Aug. 31, 2013. 2018, 318:2, eff. Aug. 24, 2018. 2024, 366:3, eff. June 30, 2025.
The department of safety, through its officials, shall:
I. Establish and maintain a comprehensive catalog of maps showing tower and site locations of all municipal, county, and state government radio systems throughout the state.
II. Collect maps from every municipality, county, and state agency, detailing the locations of their radio systems.
III. Receive regular updates from municipalities, counties, and state agencies to ensure the repository remains current and accurate.
IV. Collaborate with the municipalities, counties, and state agencies to efficiently gather information and updates.
V. Provide access to the repository for all municipalities, counties, state agencies, and relevant stakeholders involved in emergency services and public safety communication.
VI. Permit that municipalities and counties may utilize the repository to enhance their own radio capabilities and to identify areas with gaps in radio coverage.
VII. Provide guidance on usage of the repository when requested.
Source. 2024, 325:1, 2, eff. Oct. 1, 2024.
In this subdivision:
I. "Hazardous materials" means "hazardous materials" as defined in RSA 147-B:2, VIII.
II. "Waste" means "hazardous waste" as defined in RSA 147-B:2, VII.
Source. 1987, 124:1, eff. July 1, 1987.
I. The commissioner of the department of safety shall regulate and promote the safe transportation of hazardous materials and wastes by all modes of transportation within this state by:
(a) Adopting as rules, under RSA 541-A, the current version of the regulations promulgated by the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration contained in parts 100-185 of Title 49 of the Code of Federal Regulations, the current version of the regulations promulgated by the Federal Motor Carrier Safety Administration of the United States Department of Transportation contained in parts 390-397 of Title 49 of the Code of Federal Regulations, and the current version of the regulations promulgated by the United States Nuclear Regulatory Commission and contained in parts 71 and 73 of Title 10 of the Code of Federal Regulations. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on the commissioner's part, and these rules shall not expire without specific action by the general court for the commissioner.
(b) Adopting rules, under RSA 541-A, relative to the transportation of hazardous materials or wastes by all modes of transport which shall be no less protective of public safety than the regulations promulgated by the federal government with respect to such transportation, including, but not limited to, the proper packaging, shipping, reporting and brokering of shipments, financial responsibility of shippers, and financial liability for cleanup of transportation accidents.
(c) Adopting rules, under RSA 541-A, relative to the reporting of all incidents involving the transportation of hazardous materials or wastes, the manner in which such incidents were handled, and on-the-spot inspection of vehicles carrying hazardous materials or wastes by any peace officer or other authorized agent of the commissioner of safety. In adopting such rules, the commissioner shall review rules adopted by the department of environmental services for the regulation of hazardous wastes under RSA 147-A, 147-B, 147-C, and 147-D and shall, to the extent possible, coordinate the rules of the department with those of the department of environmental services in order to avoid inconsistency and duplication.
(d) Entering into cooperative agreements with agencies of this and other states and of the federal government relative to the enforcement of rules adopted pursuant to this subdivision and regulations promulgated by the federal government or rules adopted by other state agencies which apply to transportation in New Hampshire.
(e) Adopting rules, under RSA 541-A, which shall require shipments of low-level radioactive waste generated within or passing through the state and destined for any disposal facility to conform with the applicable packaging and transportation laws and rules of the state where such regional facility is located, to the extent that such laws and rules do not conflict with federal law.
(f) Adopting rules, pursuant to RSA 541-A, establishing the criteria for distribution of hazardous material transportation penalty fees under RSA 21-P:21.
II. The commissioner of the department of safety or his authorized representative shall be the state designee to receive notification required by Title 10 of the Code of Federal Regulations for shipments of radioactive materials.
III. In enforcing the provisions of this subdivision and rules adopted under this subdivision, police employees of the division of state police shall not be limited by the provisions of RSA 106-B:15.
Source. 1987, 124:1; 348:2. 1996, 228:12, eff. July 1, 1996. 2012, 172:1, eff. Aug. 10, 2012. 2018, 204:8, eff. July 1, 2018.
21-P:18 Drivers of Retail Fuel Oil Delivery Trucks.
Notwithstanding the provisions of any rule adopted under the authority of RSA 21-P:17 pertaining to the qualification of drivers, it shall not be unlawful for a person 18 years of age on or before January 1, 2011 to drive in intrastate commerce any vehicle carrying home heating oil for the purpose of making retail deliveries of such home heating oil, if such person holds a valid driver's license for the class of vehicle being driven and if the driver and vehicle are in compliance with all other applicable laws and rules. All other persons shall have attained the age of 21 in order to drive such vehicles.
Source. 1987, 124:1. 2010, 99:1, eff. Jan. 1, 2011.
The provisions of this subdivision and any rules adopted under it shall be enforced anywhere in the state by any state trooper, highway patrol and enforcement officer, authorized agent of the commissioner of safety, or by any law enforcement officer within his respective jurisdiction. The officers may detain and inspect any sealed or unsealed vehicle, container, or shipment which contains or which they have reason to believe contains hazardous materials or wastes while in transit or in maintenance facilities or terminals or on other public or private property to ascertain if hazardous materials or wastes are being loaded, unloaded, stored, or transported and to inspect the contents, take samples, and to otherwise insure compliance with the provisions of this subdivision and of all rules adopted under this subdivision. If a seal is opened for inspection, the inspecting officer shall reseal any vehicle, container, or shipment prior to further transportation.
Source. 1987, 124:1. 1988, 288:3. 2001, 139:1. 2002, 262:1, eff. July 17, 2002.