FIREWARDS, FIREFIGHTERS, AND FIRE HAZARDS

RSA tit. XII, ch. 154

in effect

RSA 154:1 Organization.

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

RSA 154:1-a Finances and Property.

154:1-a. Finances and Property. In municipal fire departments organized under RSA 154:1, all fire department real estate or equipment purchased with funds appropriated by the municipality shall be the property of the municipality. Except in the case of properly established capital reserve funds or trusts, all municipal funds appropriated for fire department purposes shall be held by the municipal treasurer and shall be subject to the municipality's normal budgeting, appropriation, and disbursement authorization requirements. Donations or gifts to a municipal fire department shall be subject to applicable legal requirements for acceptance by the municipality, including, but not limited to RSA 31:95-b or 31:95-e. Source. 1993, 28:5, eff. Jan. 1, 1994.

RSA 154:1-b Firefighter Associations.

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

RSA 154:1-bb Municipal Financing; Fire Departments.

154:1-bb. Municipal Financing; Fire Departments. The legislative body of a municipality may vote to choose a form of financing and property ownership different than those in RSA 154:1-a and RSA 154:1-b. Source. 1994, 389:6, eff. Aug. 8, 1994.

RSA 154:1-c Private Firefighting Units.

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

RSA 154:1-d Fire Department Liability; Public Duty Rule; Status of Firefighters.

154:1-d. Fire Department Liability; Public Duty Rule; Status of Firefighters. I. Firefighting and other emergency service provided by a fire department shall not, in itself, be deemed to be the making of a promise, or the undertaking of a special duty, towards any person for such services, or any particular level of, or manner of providing, such services; nor shall the provision of, or failure to provide, such services be deemed to create a special relationship or duty towards any person, upon which an action in negligence or other tort might be founded. Specifically: (a) The failure to respond to a fire or other emergency, or to undertake particular inspections or types of inspections, or to maintain any particular level of personnel, equipment or facilities, shall not be a breach of any duty to persons affected by any fire or other emergency. (b) When a fire department does undertake to respond to a fire or other emergency, the failure to provide the same level or manner of service, or equivalent availability or allocation of resources as may or could be provided, shall not be a breach of any duty to persons affected by that fire or other emergency. (c) A fire department shall not have or assume any duty towards any person to adopt, use, or avoid any particular strategy or tactic in responding to a fire or other emergency. (d) A fire department, in undertaking fire prevention activities, including inspections, or in undertaking to respond to a fire or other emergency, shall not have voluntarily assumed any special duty with respect to any risks which were not created or caused by it, nor with respect to any risks which might have existed even in the absence of such activity or response, nor shall any person have a right to rely on any such assumption of duty. (e) In this section, "fire department" means any fire department of the state or its political subdivisions, including municipal fire departments organized under RSA 154:1, as well as private firefighting units which have been certified by the state fire marshal under RSA 153:4-a. For the purposes of this section and in addition to any other protections afforded to state agencies under law, the division of fire services, department of safety, shall be deemed a "fire department." II. Any firefighter, paid or volunteer, who is acting in an official capacity under the direction or supervision of the elected or appointed fire chief, or designee, of a municipal fire department organized in accordance with RSA 154:1, or who is participating in a fire department activity sanctioned by the local governing body or its designee, shall be an agent of the municipality, enjoying the same privileges and immunities as the municipality or employees of the municipality. Such privileges and immunities include, but are not limited to, indemnification for civil rights damages to the extent set forth in RSA 31:106, and indemnification for any other accidental damages to the extent set forth in RSA 31:105, if the municipality has adopted that section. III. Decisions of a fire chief or the chief's subordinates concerning the allocation and assignment of firefighters and equipment, and the strategies and tactics used, shall be the exercise of a discretionary, policy function for which neither the officer nor a municipality shall be held liable in the absence of malice or bad faith, even when such decisions are made rapidly in response to the exigencies of an emergency. IV. This section shall not be construed to affect the application of common law immunities, or of other statutes which may pertain to the liability of municipalities or firefighters, including, but not limited to RSA 507-B and RSA 508:17. Source. 1993, 28:5, eff. Jan. 1, 1994.

RSA 154:2 Powers.

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

RSA 154:4 Organization of Firefighters.

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

RSA 154:5 Chief Fireward, Engineer, or Fire Chief.

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

RSA 154:6 Duties as to Fire Apparatus and Water Supply.

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

RSA 154:7 Authority of Fire Officer in Charge.

154:7. Authority of Fire Officer in Charge. I. Terms used in this section shall be construed as follows, unless a different meaning is clearly apparent from the language or context, or is otherwise inconsistent with the manifest intention of the legislature. (a) "Fire" shall include any and all effects of combustion. (b) "Service call" shall include any request for the services of the fire department which involves a non-emergency. (c) "Other emergency" shall include any other real emergency which does not directly involve the extinguishment of an actual fire; except that with respect to a propelled vehicle accident on or immediately adjacent to a way as defined in RSA 259:125 the term is limited to: (1) An accident involving the transportation of any hazardous material as defined in Title 49 of the Code of Federal Regulations. (2) An accident involving the spillage of fuel. (3) An accident involving injury to persons in places where the fire department is responsible for the provision of emergency medical services. (d) "Fire officer in charge" shall include the fire chief or any other elected or appointed fire officer or any member serving in the capacity of fire officer in charge. (e) "Police officer" shall include any constable or other officer authorized to make arrests or serve process who is invested by law with authority to direct, control or regulate traffic. II. While any duly constituted fire department recognized by the state fire marshal is responding to or operating at a fire, service call or other emergency, the fire officer in charge shall have the following authority: (a) To control and direct the activities at such scene. (b) To order any persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury or remove persons interfering with duties. (c) To blockade any public highway, street or private right-of-way temporarily while at such scene. (d) To trespass at any time of the day or night without liability while at such scene. (e) To enter any building, including private dwellings, or upon any premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire. (f) To enter any building, including private dwellings, or premises near the scene of the fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire which is in progress in another building or premises. (g) To direct without liability the removal or destruction of any fence, house, buildings, vehicle or other thing which the fire officer in charge may judge necessary to prevent the further spread of the fire. (h) To request and be supplied materials such as sand, treatments, chemicals and special equipment when it is deemed a necessity, to prevent the further spread of the fire. (i) To order disengagement or discouplement of any convoy, caravan or train of vehicles, craft or railway cars if deemed a necessity in the interest of safety of persons or property. (j) To direct industrial management or other personnel and equipment within the jurisdiction of the fire officer in charge whenever such officer's company or department is called to respond to such, if in the officer's opinion such action is in the interest of public safety. (k) Upon request, to apprise the state fire marshal, or designee, of all hazardous materials incidents and to keep the state fire marshal or designee informed of the situation. The state fire marshal or designee shall take control of a hazardous materials incident upon the request of the local fire chief or fire official in charge, or if the state fire marshal or designee believes that the welfare of the public is not being appropriately served. Upon assuming control of a hazardous materials incident, the state fire marshal or designee shall have all of the authority outlined in this chapter. III. Except as provided in RSA 154:7-a, the police officer in charge shall have authority to direct police officers at the scene to direct, control and regulate traffic, to gather investigative information, and to preserve and collect evidence, subject to the authority conferred upon the fire officer in charge by this section. Source. RS 111:2. CS 114:2. GS 96:3. GL 106:3. PS 115:6. PL 146:6. RL 175:6. RSA 154:7. 1975, 443:6. 1979, 344:6. 1983, 393:6. 1989, 309:2. 1992, 154:6, 7. 1998, 318:15, 16, eff. Aug. 25, 1998.

RSA 154:7-a Fire Investigations.

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

RSA 154:7-b Expeditious Clearance of Roadways.

154:7-b. Expeditious Clearance of Roadways. Subject to the authority and limitations granted in RSA 154:7, I(c) with respect to a propelled vehicle accident, natural disaster, or special event occurring in or immediately adjacent to a state highway, the fire officer in charge, or if the incident is not within the purview of the fire department, the police officer in charge and all public safety responders shall coordinate their efforts to maintain incident area safety and security, including protection of responders to the incident, protection of roadway users and others at the incident site, movement of road users safely past, around, or away from the incident, reduction of the likelihood of secondary crashes, and expeditious clearance of the roadway. I. The fire chief, or in the fire chief's absence the engineer or fire officer in charge, or if the incident is not within the purview of the fire department, the police officer in charge, shall as early as practicable in the response, seek the assistance of law enforcement, emergency medical services, towing and recovery services, the department of transportation, and if applicable, the department of environmental services and the department of health and human services, to effectuate the purposes of this section, and such agencies and individuals may provide such assistance as requested. II. Police officers at the scene may treat any non-emergency vehicle that is obstructing traffic as abandoned for the purposes of RSA 262:31 through RSA 262:40-c, and may order its immediate removal, with or without the consent of the owner or operator. Any spilled cargo or other property obstructing traffic may be treated as a vehicle for the purposes of RSA 262:32 through RSA 262:37, and may be subject to immediate removal with or without the consent of the owner or carrier. III. Government agencies responding to such incident, including but not limited to law enforcement, firefighting, emergency medical services, hazardous materials teams, transportation agencies, environmental agencies, and other emergency government responders and their agents exercising the incident clearance functions described in this section, shall be exempt from liability for damages resulting from such actions taken pursuant to incident clearance, including those resulting from incident detection and verification, area security and protection, rescue of persons from vehicles and hazardous environments, emergency medical transportation and care, hazardous materials response and containment, fire suppression and elimination, transportation of vehicle occupants, traffic direction and management including the establishment and operation of alternate routes and detours, crash investigation, dissemination of traveler information, temporary roadway repair and facilities restoration, and removal of vehicles and cargo, provided such actions are taken without willful or wanton disregard or gross negligence, and occur at the direction of the fire or police officer in charge. IV. Notwithstanding other provisions of law to the contrary, any agency, person, or organization incurring the cost of removing vehicles or cargo, or both, at such an incident, if such removal is authorized by the fire or police officer in charge, shall have the right to compensation for the cost of such removal from the owner or owners of the vehicles. Source. 2004, 193:2, eff. Jan. 1, 2005.

RSA 154:8 Duties at Scene of Fires or Other Emergencies.

154:8. Duties at Scene of Fires or Other Emergencies. The fire chief, or in the fire chief's absence the engineer or fire officer in charge, shall have the direction of all apparatus and other equipment, and the government and direction of all persons and proceedings relating to any fire or other emergency, and the other firewards or engineers shall aid as assistants. Source. 1844, 143:3, 4. CS 115:3, 4. GS 96:4. GL 106:4. PS 115:7. PL 146:7. RL 175:7. RSA 154:8. 1975, 443:7. 1979, 344:10. 1992 154:9. 1998, 318:19, eff. Aug. 25, 1998.

RSA 154:8-a Liability Concerning Hazardous Materials Accidents.

154:8-a. Liability Concerning Hazardous Materials Accidents. Notwithstanding any other provision of law, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or wastes or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose of any such discharge shall be subject to civil liabilities or penalties of any kind, providing that such assistance or advice is rendered at the request of state, county or local officials in charge at the emergency scene. I. The immunities provided in this section shall not apply to any person: (a) Whose act or omission caused in whole or in part such actual or threatened discharge and who would otherwise be liable therefor; or (b) Who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice. II. Definitions. As used in this section: (a) "Discharge" shall include leakage, seepage, or other release of hazardous materials or wastes. (b) "Hazardous materials" means hazardous materials as defined in RSA 147-B:2, VIII. (c) "Wastes" means wastes as defined in RSA 147-B:2, VII. II-a. (a) Any person whose act or omission caused the actual or threatened discharge of hazardous materials or toxic wastes which resulted in the reasonable and proportionate response of police, fire, emergency preparedness, or emergency response equipment shall be responsible for payment of the cost of the equipment use or replacement of the equipment used, if damaged or expended, in containing the hazardous materials or toxic wastes. (b) Any person whose act or omission caused the actual or threatened discharge of hazardous materials or toxic wastes which resulted in the reasonable and proportionate response of police, fire, emergency preparedness, or emergency response equipment shall be responsible for payment of the personnel costs of police, fire, public safety, and municipal personnel, including mutual aid standby personnel, directly involved in the emergency response and any reasonable court costs and legal fees incurred by the municipality, organization, or mutual aid district in collecting costs or defending an unsuccessful appeal of such costs. (c) The response to fires or other emergencies where the discharge of hazardous materials is incidental to the fire or other emergency and does not require the use of specialized hazardous materials response equipment or personnel specially trained pursuant to 40 C.F.R. section 311 shall not be costs eligible for reimbursement. (d) Within 30 days after the equipment leaves the site of the incident, the municipality, organization, or mutual aid district which seeks payment shall submit a bill for cost of equipment use, equipment cleanup, or equipment replacement and the costs of personnel, if applicable, to the person responsible for the equipment contamination under subparagraph (a) and the costs of personnel under subparagraph (b). At the time of billing, the municipality, organization, or mutual aid district which seeks payment shall notify the billed party that an appeal may be filed with the commissioner of safety within 30 days of the receipt of the bill. Payment shall be made directly to the municipality, to the organization, or to the mutual aid district. A municipality, organization, or mutual aid district within whose jurisdiction the incident occurs is authorized to collect payment on behalf of the municipalities, organizations, or mutual aid districts that participated in the response and to disburse payment accordingly. (e) The person responsible for the equipment contamination may appeal payment for such costs within 30 days of receipt of the bill for the costs to the commissioner of safety. The commissioner shall hold an administrative hearing within 30 days after receiving the appeal, at which time the extent of liability for costs shall be determined. The commissioner shall issue a decision within 30 days after holding the hearing. Any person aggrieved by a decision of the commissioner under this section may appeal the decision to the superior court in the same manner as that prescribed in RSA 263:75, II and III. (f) If no appeal is filed within 30 days after receipt of the bill, the person responsible for the hazardous materials response shall be deemed to have waived all rights to appeal and shall be liable to the municipality, organization, or mutual aid district for the total amount billed, subject to the additional penalty and interest set forth under subparagraph (h) in the case of nonpayment. (g) The commissioner of safety shall establish rates for equipment use, supplies, and costs of personnel that shall be the maximum amount that may be charged by any municipality, organization, or mutual aid district in accordance with this section. The rates and costs, and guidelines for establishing them, shall be adopted pursuant to RSA 541-A. To the extent possible, the rates and costs shall reflect the actual expenses, including overhead costs, for emergency response to hazardous materials incidents for municipalities throughout the state. (h) A penalty of no greater than $1,000 per day shall be paid to the claimant for each day of nonpayment beyond 90 days. The cumulative penalty imposed shall not exceed 25 percent of the cost established under subparagraph (a). As long as the responsible party adheres to a payment plan that has been established between the claimant and the responsible party, no additional daily penalty shall be imposed. III. Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from such person's willful, reckless or wanton misconduct. Source. 1981, 413:4. 1983, 393:9. 1989, 91:1. 1992, 154:10. 1993, 28:10. 1998, 318:20; 367:1. 2003, 209:1. 2006, 102:1. 2010, 256:1-3, eff. Sept. 4, 2010. 2025, 109:1, eff. Jan. 1, 2026.

RSA 154:8-b Certain Chemicals Prohibited in Firefighting Foam.

154:8-b. Certain Chemicals Prohibited in Firefighting Foam. I. In this section: (a) "Chemical plant" means chemical plants, refineries, and re-refineries. (b) "Class B firefighting foam" means foam designed for flammable liquid fires. (c) "Department" means the department of environmental services. (d) "Legacy foams" mean firefighting foams manufactured prior to January 1, 2004, containing perfluorooctanesulfonic acid and/or perfluorooctanoic acid-related long chain PFAS chemicals. (e) "Manufacturer" includes any person, firm, association, partnership, corporation, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment. For the purposes of this section, "importer" means the owner of the product. (f) "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services. (g) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (h) "Testing" includes calibration testing, conformance testing, and fixed system testing. II. Beginning on January 1, 2020, no person, local government, or state agency shall discharge or otherwise use for training or testing purposes class B firefighting foam to which PFAS chemicals have been intentionally added. However, the testing of class B firefighting foam to which PFAS chemicals have been intentionally added may occur if the department has evaluated the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release of foam to the environment. III. Beginning January 1, 2020, a manufacturer of class B firefighting foam shall not knowingly sell, offer for sale, distribute for sale, or distribute for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added. However: (a) The restrictions in this paragraph shall not apply to any sale or use of class B firefighting foam where the inclusion of PFAS chemicals are required by federal law, including but not limited to the requirements of 14 C.F.R. section 139.317, as that section existed as of January 1, 2018. In the event that applicable federal regulations change after January 1, 2018, to allow the use of alternative firefighting agents that do not contain PFAS chemicals, the department may adopt rules for the sale and uses of firefighting foam that are addressed by the federal regulation that restrict the use of firefighting foam that contains PFAS chemicals. (b) The restrictions under this paragraph shall not apply to any sale or distribution of class B firefighting foam to which PFAS chemicals have been intentionally added for use at a chemical plant. (c) The restrictions under this paragraph shall not apply to any sale or distribution of class B firefighting foam to which PFAS chemicals have been intentionally added for use at a storage or distribution facility, tank farm, or terminal for flammable liquids. IV. The manufacturer that produces, sells, or distributes a class B firefighting foam to which PFAS chemicals have been intentionally added following the effective date of this section shall recall the product and reimburse the retailer or any other purchaser for the product. V. A manufacturer of class B firefighting foam in violation of paragraph III shall be subject to an administrative fine not to exceed $5,000 for each violation in the case of a first offense. Manufacturers or persons that are repeat violators shall be subject to an administrative fine not to exceed $10,000 for each repeat offense. VI. A manufacturer of class B firefighting foam restricted under paragraph III shall notify, in writing, persons that sell the manufacturer's products in this state about the provisions of this chapter no less than one year after the effective date of the restrictions. VII. The department shall assist other state agencies, fire protection districts, and other municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals, as required under paragraph III. VIII. The department shall survey municipalities throughout the state on the quantitative stock of legacy foams and determine the cost of instituting a take-back program for the purpose of safe and contained disposal. The development and processing of the survey shall be subject to rules adopted by the commissioner of the department of environmental services pursuant to RSA 541-A. On or before December 1, 2020, the department shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library. Beginning on July 1, 2023, the department shall institute a take-back program of legacy foams for the purpose of safe and contained disposal. IX. Fire departments which use remaining class B firefighting foam to which PFAS chemicals have been intentionally added shall be immune from civil or criminal damages only if such foam is discharged in an emergency situation. X. Nothing in this section shall be construed to create a new civil or criminal right of action against a fire department if class B firefighting foam to which PFAS chemicals have been added has been discharged either unintentionally or in an emergency situation. XI. Any time a class B firefighting foam to which PFAS chemicals have been intentionally added is discharged, the municipality making such discharge shall notify the department of environmental services within 48 hours of such discharge. Source. 2019, 337:1, eff. Sept. 3, 2019. 2021, 208:2, Pt. II, Sec. 1, eff. Aug. 10, 2021.

RSA 154:8-c Firefighting Personal Protective Equipment.

154:8-c. Firefighting Personal Protective Equipment. I. In this section: (a) "Department" means the department of safety. (b) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, hoods, and respiratory equipment. (c) "Firefighting station wear" means uniforms, garments, or apparel worn by firefighting personnel while in the performance of their duties, often worn under their personal protective equipment. For the purpose of this section, firefighting station wear shall refer to uniform shirts or pants only. (d) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment. For the purposes of this section, "importer" means the owner of the product. (e) "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services. (f) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. II. Beginning January 1, 2020, a manufacturer or other person that sells firefighting personal protective equipment to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale that the firefighting personal protective equipment does or does not contain PFAS chemicals. The written notice shall include a statement that the firefighting personnel protective equipment does or does not contain PFAS chemicals. All notices shall be included in all personnel files of all employees using the firefighting personal protective equipment and a copy of the same shall be provided directly to the employee. III. The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment shall retain the notice in procurement files for at least 3 years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days. IV. The department shall assist other state agencies, fire protection districts, and other municipalities to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals. V. (a) Should a safe alternative to the current firefighting personal protective equipment be designed and manufactured, fire departments may give preference to that alternative as part of their existing personal protective equipment replacement program. (b) Until such time that a safe alternative is provided to the employee, fire departments shall have in place a policy that limits the unnecessary exposure to firefighting personal protective equipment. Nothing in this subparagraph shall refute that it remains the best practice for firefighting personal protective equipment to be worn while operating in an environment that poses an immediate danger to life or health. VI. Beginning January 1, 2025, fire departments shall not provide as an option the purchasing of firefighting station wear that contains intentionally added PFAS or non-polymeric fire-resistive chemicals, and beginning July 1, 2025, fire departments shall not provide as an option the wearing of the same. Manufacturers of firefighting station wear shall provide fire departments with safer alternatives should they exist. Source. 2019, 337:1, eff. Sept. 3, 2019. 2024, 336:1, eff. Oct. 1, 2024.

RSA 154:9 Penalty.

154:9. Penalty. If any person present at a fire, emergency or service call, at or to which the fire department is responding shall refuse or neglect to obey the commands of any member who is recognized as, or should have been recognized as, a member of the fire department, or shall unlawfully assume the office or badge of office of a fire chief, fire officer or firefighter, such person shall be guilty of a violation. Source. RS 111:5. CS 114:6. GS 96:5. 1878, 31:1. GL 106:5. PS 115:8. PL 146:8. RL 175:8. RSA 154:9. 1973, 531:35. 1975, 443:8. 1992, 154:11. 1998, 318:21, eff. Aug. 25, 1998.

RSA 154:9-a Conscripted Assistance Limited.

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

RSA 154:11 Damages.

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

RSA 154:12 Petition to Court.

154:12. Petition to Court. Upon the refusal of the selectmen, aldermen or council, or upon their neglect for 3 months after the application to appraise the damage and assess such tax, the party injured may petition the superior court for redress; and the court, after due notice to the town, shall ascertain the damage and shall render judgment and issue execution therefor, and for costs, against the town. Source. RS 111:16. CS 114:17. GS 96:8. GL 106:8. PS 115:11. PL 146:11. RL 175:11. RSA 154:12. 1975, 443:10, eff. June 20, 1975.

RSA 154:13 Right of Way; Penalty.

154:13. Right of Way; Penalty. The officers and employees of the fire department of any city or town, with the engines and apparatus thereof, shall have the right of way while going to a fire or responding to an alarm through any street, lane, or alley in said city or town, subject to such rules and regulations as the city council or selectmen may prescribe. Whoever willfully and maliciously obstructs or retards the passage of an engine or other apparatus of a fire department, while so going to a fire, shall be guilty of a misdemeanor. Source. 1905, 66:1. PL 146:12. RL 175:12. RSA 154:13. 1973, 528:72. 1998, 318:23, eff. Aug. 25, 1998.

RSA 154:14 Street Fires, Etc.

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

RSA 154:15 Compensation, Etc., of Chief; Expenses.

154:15. Compensation, Etc., of Chief; Expenses. The chief fireward or fire chief shall be paid for services such compensation as the council, aldermen or town meeting shall think reasonable; and the bills for the operation of the fire department, including but not limited to costs of apparatus and equipment, shall be approved or disapproved by the fire chief, fireward or engineer responsible and, if approved, shall be presented for payment to those town officials designated for this purpose by statute, local ordinance or town meeting within the limits of the funds appropriated. Source. 1844, 143:6, 7. CS 114:6, 7. GS 96:12. GL 106:12. PS 115:18. PL 146:15. RL 175:15. RSA 154:15. 1975, 443:12. 1998, 318:25, eff. Aug. 25, 1998.

RSA 154:16 Pay of Firefighters.

154:16. Pay of Firefighters. The firefighter shall be paid for their services such compensation as the council, aldermen or town meeting shall think reasonable. Source. CS 114:26, 27. GS 96:15. 1875, 32:1. GL 106:15. PS 115:19. PL 146:16. RL 175:16. RSA 154:16. 1975, 443:15, eff. June 20, 1975.

RSA 154:17 Where Statute Applicable.

154:17. Where Statute Applicable. If in any town, village district, precinct, city or area, apparatus for the extinguishment of fires is provided at the public expense, RSA 154:1 through 16 shall apply and firewards or fire engineers shall be duly elected or appointed. But the bylaws now in force in any town relating to the extinguishment of fires, election of firewards, fire engineers or fire chiefs, shall remain in force, subject to being repealed or superseded by vote of the town. Source. RS 111:24. CS 114:28; 115:9; 117:3. GS 96:23. GL 106:23. PS 115:20. PL 146:17. RL 175:17. RSA 154:17. 1975, 443:13, eff. May 1, 1976.

RSA 154:18 Establishment by the Firewards or Fire Chiefs.

154:18. Establishment by the Firewards or Fire Chiefs. The fireward, engineer or fire chief may establish such regulations respecting the kindling, guarding, safe-keeping, prevention, and extinguishment of fires, and for the removal of combustibles from any building or place, as such individual shall think expedient, which shall be signed by such individual and recorded by the town clerk and posted in 2 or more public places in the town 30 days before they shall take effect. Each breach of such regulations shall constitute a violation. Such fireward, engineer or fire chief shall confer with recognized authorities and the state fire marshal, in the promulgation of such regulations. Where regulations have not been promulgated pertaining to electric wiring and equipment, all electric installations and safeguards shall be installed in a standard, modern, and approved manner. Compliance with the standards of the National Electrical Code or such code specified by local ordinance or state law shall be prima facie evidence of such approved manner. Source. RS 111:7, 8. CS 114:8, 9. GS 96:9. GL 106:9. PS 115:12. PL 146:13. RL 175:13. 1943, 104:1. RSA 154:18. 1973, 531:36. 1975, 443:14. 1992, 154:12. 1998, 318:26, eff. Aug. 25, 1998.

RSA 154:19 Establishment by Selectmen.

154:19. Establishment by Selectmen. In any town which does not have firewards or engineers the selectmen shall have the authority to establish regulations relative to fire hazards, as is provided in RSA 154:18. Said regulations shall be recorded and posted as therein provided. Source. 1943, 104:2, eff. April 7, 1943.

RSA 154:20 Notice to Repair.

154:20. Notice to Repair. If any building is deemed by the firewards or engineers to be dangerous to the property of others, by reason of decay, want of repair or otherwise, they may give written notice to the owner, the same to be served personally or by registered mail, to repair or alter the same, which shall contain a particular account of the repairs or alterations required to be made. If the owner does not reside in the town like notice may be served on the occupant, if any. Source. RS 111:17, 18. 1846, 341. CS 114:18, 19, 20. GS 96:19. GL 106:19. PS 115:14. PL 146:18. RL 175:18. 1943, 104:3, eff. April 7, 1943.

RSA 154:21 Neglect; Penalty.

154:21. Neglect; Penalty. If the repairs or alterations are not made within 5 days after notice as provided in RSA 154:20, unless upon application to the firewards or engineers an extension has been granted for reasonable cause, the owner or occupant so notified shall be guilty of a violation for each day's neglect, and shall be liable to the owner of any building or property consumed by fire, communicated from such dangerous building, for the damages suffered by the owner. Source. RS 111:19. CS 114:21. GS 96:20. GL 106:20. PS 115:15. 1921, 62:1. PL 146:19. RL 175:19. 1943, 104:4. RSA 154:21. 1973, 531:155. 1998, 318:27, eff. Aug. 25, 1998.

RSA 154:21-a Ordering Building Vacated.

154:21-a. Ordering Building Vacated. I. The fire chief or designee or state or local fire marshal or designee shall have the authority to order occupants to vacate a building, structure, or other premises if the chief or state or local fire marshal or designee determines, based on reasonable information and belief, that the condition of such premises constitutes a clear and imminent danger to the life or safety of occupants or other persons and that protection of life or safety requires vacating the premises. Such an order shall be subject to the procedures of RSA 147:16-a. II. The provisions of paragraph I shall not apply to a residence which is occupied by the owner and his or her family, unless the condition of such premises constitutes a clear and imminent danger to the life and health of persons other then the occupant or occupants. III. Nothing in this section shall be construed to diminish the authority of the fire officer in charge at the scene of a fire or other emergency under RSA 154:7. Source. 1998, 318:2, eff. Aug. 25, 1998.

RSA 154:22 Provision of Ladders and Buckets.

154:22. Provision of Ladders and Buckets. Every town may, by vote or bylaw, provide that any buildings or structures in the town, or in a definite part thereof, shall be provided with such ladders and buckets as may be deemed necessary for use in case of fire. Source. RS 111:11. CS 114:12. GS 96:16. GL 106:16, 17. PS 115:16. PL 146:20. RL 175:20. RSA 154:22. 1973, 531:37. 1992, 154:13, eff. July 5, 1992.

RSA 154:23 Payment of Penalty.

154:23. Payment of Penalty. Any penalty resulting from a violation of this subdivision shall be paid by the owner, if known and resident in the town, otherwise by the occupant; and any tenant who may be compelled to pay the penalty may deduct and retain the amount thereof, and of the costs, from the tenant's rent, or may recover the same of the lessor in an action for money paid to the tenant's use. Source. RS 111:12, 13. CS 114:13, 14. GS 96:18. GL 106:18. PS 115:17. PL 146:21. RL 175:21. RSA 154:23. 1992, 154:14. 1998, 318:28, eff. Aug. 25, 1998.

RSA 154:24 Outside Service by Local Fire Department.

154:24. Outside Service by Local Fire Department. Any city, town, village or fire district may authorize their respective fire department to go to the aid of another city, town, village or fire district within or without the state, for the purpose of extinguishing a fire, rendering other emergency assistance, or performing any detail as requested. Source. 1949, 267:1. RSA 154:24. 1992, 154:15, eff. July 5, 1992.

RSA 154:25 Rights, Privileges, Immunities.

154:25. Rights, Privileges, Immunities. While in the performance of their duties in extending such aid, firefighters shall be subject to the control and direction of the chief fire official of the municipality within which the fire or other emergency occurs, and they shall have the same immunities and privileges as if performing the same duties within their respective city, town, village or fire district. Source. 1949, 267:1. RSA 154:25. 1992, 154:16, eff. July 5, 1992.

RSA 154:26 Loss or Damage.

154:26. Loss or Damage. Any expenses incurred by any fire department, in rendering such aid outside the limits of its jurisdiction as provided hereunder, including loss or damage to equipment may be charged to the city, town, village or fire district whose officials requested such aid. Source. 1949, 267:1, eff. June 22, 1949.

RSA 154:27 Donation of Services.

154:27. Donation of Services. Nothing contained herein shall be construed to prohibit any city, town, village or fire district extending such aid from donating their equipment and services and assuming the damage or loss to their equipment. Source. 1949, 267:1, eff. June 22, 1949.

RSA 154:28 Conditions and Restrictions.

154:28. Conditions and Restrictions. The fire department may extend such aid outside the district, under this subdivision, subject to such conditions and restrictions as may be prescribed. Source. 1949, 267:1. RSA 154:28. 1992, 154:17, eff. July 5, 1992.

RSA 154:29 Compensation.

154:29. Compensation. Any city, town, village or fire district aided under and in accordance with RSA 154:24-28 may compensate any city, town, village or fire district rendering aid to (a) employees for compensation during the time in which the rendering of their services prevented them from performing their regular duties at their place of employment, and (b) may reimburse in part or in whole for any payments lawfully made to any member of its fire department or to a spouse or other dependents on account of injuries or death suffered by the fire department member in the course of rendering aid outside the district or of death resulting from such injuries. Source. 1949, 267:1. RSA 154:29. 1992, 154:18. 1998, 318:29, eff. Aug. 25, 1998.

RSA 154:30 Duties of the State Fire Marshal.

154:30. Duties of the State Fire Marshal. At the request of any chief of an organized fire department within the state, the fire marshal shall provide help and assistance in coordinating the services of fire departments giving the mutual aid in the extinguishment of fires and other emergencies. Source. 1949, 267:1. RSA 154:30. 1992, 154:19, eff. July 5, 1992.

RSA 154:30-a Formation.

154:30-a. Formation. I. Whenever 10 or more municipalities within the state shall have voted to authorize their respective fire departments to render outside aid as provided in RSA 154:24-30, they may, if they so desire, form a district fire mutual aid system, which shall be a public municipal corporation. They may petition the state fire marshal in writing to call the organizational meeting of the system. II. Fewer than 10 municipalities which have complied with paragraph I of this section may petition the state fire marshal who may accept or reject the petition. The state fire marshal shall consider the fire protection needs of the applicants and the effect of the proposed system upon the fire protection of other municipalities. Source. 1957, 277:1. 1992, 154:20, eff. July 5, 1992.

RSA 154:30-b Organization.

154:30-b. Organization. I. Upon receipt of a petition under RSA 154:30-a, I, the state fire marshal shall call the first or organizational meeting of the system. Upon receipt of a petition under RSA 154:30-a, II, the state fire marshal may call such a meeting. The state fire marshal shall give written notice to the chief of each fire department in the system and may invite private fire departments within the designated area to join in the meeting by giving similar notice to them. Each fire department shall send one delegate to the organizational and subsequent meetings and shall be entitled to one vote in all proceedings. The delegate shall be the chief of each fire department or such alternate as the chief may designate. At the organizational meeting, the members of the system shall adopt articles of association and bylaws and regulations for the future government and operation of the system which shall be effective upon submission to and approval by the attorney general, who shall cause the same to be recorded by the secretary of state. The system shall be deemed to have been formally established upon such recording. The organizational meeting shall also elect a board of directors consisting of such number as they may determine. Delegates and directors need not be residents. The board of directors shall be the governing body of the system and shall serve for terms of one year and until their successors are elected and qualify, provided that the organizational meeting, or any subsequent meeting, may vote to elect its directors for varying terms. If a meeting shall so vote for the first election under said vote one director shall be elected for a term of one year, one for a term of 2 years, one for a term of 3 years, one for a term of 4 years, and one for a term of 5 years, and thereafter there shall be elected at each annual meeting one director for a term of 5 years and until a successor is elected and qualified. II. The directors shall choose from their number the officers of the system, who shall have such duties and powers as the bylaws provide. Within the limits of available funds, the directors may employ and fix the compensation of agents and other necessary personnel, who shall serve at their pleasure and have and exercise such powers and authority as they may delegate to them. Source. 1957, 277:1. 1959, 198:1. 1992, 154:21. 1998, 318:30, eff. Aug. 25, 1998.

RSA 154:30-c Powers and Duties.

154:30-c. Powers and Duties. I. A district fire mutual aid system shall coordinate the services of all municipalities and fire departments belonging to it so as to provide better and more efficient cooperation in the protection of life and property within the area which it comprises and toward this end shall cooperate with other state agencies including the division of homeland security and emergency management and local emergency management offices. II. A district fire mutual aid system may: (a) Establish plans for the coordination of all municipal services performed by it; (b) Within the limits of available funds, acquire and operate property and equipment, including a dispatch center; (c) Provide communications service, radio repair, and maintenance service to its member municipalities and fire departments or persons and firms under contract with a member municipality or fire department; (d) Provide private fire, burglary, and supervisory alarm service; (e) Provide dispatch and communications service for police and emergency medical services of member municipalities and fire departments or for such services as are under contract with member municipalities and fire departments; (f) Extend the advantages of group purchasing for services performed by it to municipalities and fire departments in the system; and (g) Provide and operate training programs for firefighters and emergency medical technicians. III. The state fire marshal may render advice, recommendations and assistance to any district fire mutual aid system. Source. 1957, 277:1. 1981, 393:1. 1992, 154:22. 1993, 28:7. 2003, 319:126. 2004, 171:18. 2008, 361:15, eff. July 11, 2008.

RSA 154:30-d Joining and Withdrawal.

154:30-d. Joining and Withdrawal. Additional municipalities within or outside the state may join the system, as provided in RSA 154:30-a through RSA 154:30-h, and shall be received as members subject to the approval of the board of directors. Municipalities which do not have active fire departments may be admitted as members upon such conditions as the board of directors may fix. Private fire departments within or outside the state may also be accepted as members, with equal voting rights, by the board of directors, under such arrangements as are mutually agreed upon. A municipality or private fire department may, by vote of its governing board, withdraw from the system but such withdrawal shall not be effective until 90 days after written notice of such withdrawal shall have been delivered to one of the officers of the system. Source. 1957, 277:1. 1977, 321:1. 1992, 154:23, eff. July 5, 1992.

RSA 154:30-e Limitation of Liability.

154:30-e. Limitation of Liability. There shall be no liability imposed by law on the system or on any municipality, on the personnel of its fire department, nor on any private fire department or its personnel, belonging to such a system, for failure to respond or to respond reasonably for the purpose of extinguishing any fire. This immunity is not intended to be exclusive of other immunities existing by statute or at common law. Source. 1957, 277:1, eff. Oct. 1, 1957.

RSA 154:30-f Appropriations.

154:30-f. Appropriations. Municipalities belonging to such a system may raise and appropriate money for the purpose of the system. Counties in which a system is established may raise and appropriate money for the purposes of the system; provided however that where all the municipalities in the county do not belong to the system, such county appropriations may only be made by the affirmative vote of 2/3 majority of the county convention present and voting. Source. 1957, 277:1, eff. Oct. 1, 1957.

RSA 154:30-g Definition.

154:30-g. Definition. The term "private fire department" as used in this subdivision shall include fire organizations operated by industries and establishments for self-protection and also nonprofit volunteer fire associations. Nothing contained in this subdivision shall be construed to interfere with the exclusive jurisdiction vested by law in the director, division of forests and lands, department of natural and cultural resources, and the director's subordinates over forest fires as provided in RSA 227-L, nor to affect the laws governing prevention or extinguishment of forest fires. Source. 1957, 277:1. 1995, 299:9, eff. Jan. 1, 1996. 2017, 156:14, I, eff. July 1, 2017.

RSA 154:30-h Gifts.

154:30-h. Gifts. A district fire mutual aid system may receive, hold and use gifts, bequests and devises, either outright or in trust, for purposes consistent with this subdivision. Source. 1959, 198:2, eff. Sept. 20, 1959.

RSA 154:31 Appropriations.

154:31. Appropriations. Any town at a legal meeting, or city by its city council, may appropriate money for the relief of any member of the fire department of such town or city who shall become disabled by accident in the discharge of such fire department member's duty. Source. 1897, 52:1. PL 146:29. RL 175:29. RSA 154:31. 1992, 154:24. 1998, 318:31, eff. Aug. 25, 1998.

RSA 154:32 Relief for Permanently Disabled Firefighters.

154:32. Relief for Permanently Disabled Firefighters. In case any member of the fire department shall, by accident as set forth in RSA 154:31, become permanently disabled, the town or city may grant the fire department member relief. Source. 1897, 52:2. PL 146:30. RL 175:30. RSA 154:32. 1992, 154:25. 1998, 318:32, eff. Aug. 25, 1998.

RSA 154:33 Burial.

154:33. Burial. In case any such member shall be accidentally killed in the discharge of such member's duty, or receive injuries which shall result in death within 60 days from the date of the accident, the town or city, by its selectmen or mayor, may assume all or part of the burial expenses of such deceased member. Source. 1897, 52:3. PL 146:31. RL 175:31. RSA 154:33. 1992, 154:26. 1998, 318:33, eff. Aug. 25, 1998.

RSA 154:34 Where Applicable.

154:34. Where Applicable. The provisions of this subdivision shall apply in all cases where members of the fire department are acting under the authority and direction of the chief or other legally authorized officer of the fire department of the town or city. Source. 1897, 52:4. PL 146:32. RL 175:32.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-154.htmFetched: 10/20/2026