New Hampshire SB 494: relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal.

Bill Text

SB 494-FN - VERSION ADOPTED BY BOTH BODIES

02/05/2026 0371s

2026 SESSION

 26-2059

 09/08

SENATE BILL 494-FN

AN ACT relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal. 

SPONSORS: Sen. Pearl, Dist 17; Sen. Gannon, Dist 23; Sen. McGough, Dist 11; Rep. Layon, Rock. 13; Rep. Slottje, Hills. 13; Rep. Thibault, Merr. 25; Rep. Schmidt, Straf. 14

COMMITTEE: Executive Departments and Administration

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AMENDED ANALYSIS

This bill:

 I. Updates the version of the fire code and ratifies all amendments reviewed and approved by the board of fire control as of December 31, 2025.

 II. Modifies the procedures for the reporting and investigation of fires.

 III. Adds additional duties to the state fire marshal.

 IV. Requires the office of professional licensure and certification to share with the fire marshal certain information for current licensees and past licensees of the mechanical safety and licensing board and electricians' board to aid certain inspectors appointed by the fire marshal or department of safety.

 This bill is a request of the state fire marshal's office.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/05/2026 0371s 26-2059

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 State Board of Fire Control; Definitions. Amend RSA 153:1, VI-a to read as follows:

 VI-a. "New Hampshire fire code" or "state fire code" means the adoption by reference of the Life Safety Code, NFPA 101, [2021] 2024 edition, and the Uniform Fire Code NFPA 1, [2021] 2024 edition, as published by the National Fire Protection Association and as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5. The provisions of any other national code, model code, or standard referred to within a code listed in this definition shall be included in the state fire code unless amended in accordance with RSA 153:5. 

 2 State Board of Fire Control; Report of Fire Department Incident Responses. RSA 153:11 is repealed and reenacted to read as follows: 

 153:11 Report of Fire Department Incident Responses.

 Every fire department incident response occurring in this state shall be reported to the state fire marshal within 10 days after the occurrence of the same by the appropriate fire chief or designee. The state fire marshal shall provide the necessary instructional data for the fire chiefs for incident reporting. Notwithstanding RSA 21-G:9, II(b), the state fire marshal may adopt rules pursuant to RSA 541-A with the approval of the commissioner of the department of safety relative to fire department incident response reporting.

 3 State Board of Fire Control; Investigations. Amend RSA 153:18 to read as follows:

 153:18 Investigations. The state fire marshal may, in addition to the reports made by any fire chief, whenever the state fire marshal deems it expedient or advisable, investigate or cause to be investigated, the cause, circumstances, and origin of any fire or building collapse occurring in the state, by which property is endangered, damaged, or destroyed, or any incident involving the release of carbon monoxide other than from a motor vehicle, and may especially examine and decide whether the same was the result of carelessness, design, or deliberate act. The state fire marshal shall have the power vested in a justice of the peace to compel the attendance of witnesses to testify upon an inquiry. Any fire, building collapse, or release of carbon monoxide [other than from a motor vehicle] occurring where death results shall be reported immediately to the office of the state fire marshal by the fire chief, and the office of the state fire marshal shall investigate the fire, building collapse, or release of carbon monoxide within 48 hours after receiving said report. When the cause, origin, and circumstances of any fire occurring in any city, town, village district, or precinct in this state indicates that such fire was the result of design, or of suspicious origin, the fire chief or designee shall immediately notify the state fire marshal. The state fire marshal shall have the authority to submit his or her findings of facts in the case to the state police, county attorney, or other local authorities who may assist him or her in the prosecution of the matter.

 4 New Paragraphs; State