[HISTORY: Adopted by the City of Rochester as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-6-1995 as
Ch. 22 of the 1995 Code; amended 6-6-2006; 8-7-2018]
[Amended 3-5-2019; 6-7-2022]
Upon appointment, the Fire Chief shall within six months establish
residence within a 20-mile radius from the fire station located at
37 Wakefield Street. The Fire Chief shall work under the direct supervision
of the City Manager in accordance with the provisions of Section 18
of the Rochester City Charter. The Fire Chief shall manage the Fire
Department and consult with and advise the City Manager on all matters
pertaining to the equipment and control of the Fire Department. Subject
to the approval of the City Manager, the Fire Chief shall make rules
and regulations for the internal operation of the Fire Department
as he/she deems necessary and shall keep the same posted in the fire
station and other buildings of the Department.
The Assistant Chief shall be senior in rank to the Deputy Chief
and Fire Marshal and in the absence of the Chief shall perform all
the duties and have the powers of the Chief. In the absence of the
Fire Chief and Assistant Fire Chief, the Fire Chief shall designate
an Acting Chief who shall perform all the duties and accept all the
responsibilities of the Fire Chief per RSA 154:5 and 154:7 until such
time as the Fire Chief or Assistant Fire Chief returns and assumes
his/her duties.
[Amended 11-10-2020]
The Fire Chief or his/her designee shall be notified by dispatch
whenever an apparatus responds to an incident outside of the City.
The Chief shall notify the City Manager when an apparatus is to be
outside the City for extended periods or other circumstances as necessary
as determined by the Chief or designee.
[Adopted 6-6-1995 as
Ch. 23 of the 1995 Code]
The rules and regulations of the State Fire Marshal as they
are now constituted and as they are from time to time amended are
hereby adopted as and for the Fire Safety Rules and Regulations of
the City of Rochester. The full text of such rules and regulations
may be obtained by any person at the office of the Chief of the Fire
Department of the City of Rochester.
[Amended 11-10-2020]
The words "officer" and/or "local authorities" wherever used
in the rules and regulations of the State Fire Marshal adopted in
the foregoing section shall be deemed to refer to the Chief of the
Rochester Fire Department or designee or the authority having jurisdiction.
[1]
Editor's Note: Former § 75-6, Smoke detector wiring,
as amended, was repealed 11-10-2020.
[Amended 11-10-2020]
No person shall kindle, light, or otherwise start an outdoor
fire in the City of Rochester for any purpose whatsoever without first
having obtained a permit in accordance with RSA 227-L:17.
A.
For purposes of rapid entry in cases of emergencies or required access
to buildings after hours, any new construction on the following type
occupancies occurring after the date of the adoption of this article
will require a Knox-Box® to be installed on such premises:
B.
The Fire Chief shall have authority to require any other type of
building, not listed above, pursuant to the State Fire Code, to install
a Knox-Box® to meet rapid entry requirements, if in his/her discretion
public safety considerations require such installation.
[Amended 4-2-2019]
[1]
Editor's Note: Former § 75-9, Public safety amplification
system required in large facilities, as amended, was repealed 11-10-2020.
[Amended 3-7-2006; 3-3-2015; 3-5-2019; 11-10-2020]
The authority having jurisdiction for the administration and
enforcement of this article shall be the Fire Chief of the City of
Rochester or designee.
A.
The fee
schedule under this article shall be as follows:
(1)
Tank removal: twenty-five dollars ($25.).
(2)
Blasting: twenty-five dollars ($25.).
(3)
(Reserved)
(4)
Fire Department Incident report: twenty-five dollars ($25.).
(5)
Photographs (fire scene): fifteen dollars ($15.).
(6)
(Reserved).
(7)
Fire alarm system plan review: one dollar ($1.) per device or fifty
dollars ($50.) minimum.
(8)
Sprinkler system plan review: one dollar ($1.) per device or fifty
dollars ($50.) minimum.
(9)
Commercial hood fire suppression: one dollar ($1.) per device or
fifty dollars ($50.) minimum.
(10)
Clean agent: one dollar ($1.) per device or fifty dollars ($50.)
minimum.
(11)
Initial inspection: free of charge.
(12)
Reinspections (sprinkler systems, fire alarm systems, commercial
hood fire suppression, clean agent): fifty dollars ($50.) per person
with one hundred dollars ($100.) minimum.
(13)
Listed agent: twenty-five dollars ($25.) per year, per restriction.
(14)
False alarm, fire alarm activation: one hundred seventy-five
dollars ($175.) after two false alarms (as defined by RSA 644:3) or
two improper activations not related to actual emergencies per calendar
year.
B.
The fine
for working without a permit or license is one hundred seventy-five
dollars ($175.).
[1]
Editor's Note: Former § 75-11, Means of escape,
as amended, was repealed 8-6-2019.
[Amended 6-6-2006; 11-10-2020]
Before construction on commercial buildings, a residential street
or a private street with two or more duplexes or single-family dwellings
may begin, Fire Department access roads shall be designed as per the
rules and regulations of the State Fire Marshal and adopted codes
and maintained to support the imposed loads of fire apparatus and
shall be provided with a surface suitable for all-weather driving
capabilities.
[Amended 6-6-2006; 11-10-2020]
The Chief or his/her designee shall examine or cause to be examined,
at regular intervals, all places where combustible material may be
collected or deposited and cause the same to be removed by the tenants,
occupants or owners of such place, at their expense, whenever, in
the opinion of the Fire Chief or designee, such removal is necessary
for the security of the City against fires. A record of all such inspections
shall be kept by the Chief or his/her designee.
[Amended 6-6-2006; 5-2-2017]
Any person, persons, firm, corporation or partnership who or
which shall violate any provision of this article shall be guilty
of a violation punishable by a fine of not less than one hundred dollars
($100.) or not more than five hundred dollars ($500.). Each day that
the violation continues to exist shall constitute a separate offense.
The owner of record of any property upon which a violation of this
article occurs shall be held strictly liable for any violation occurring
on his/her or its property and shall be guilty of a violation in the
same manner as stated above.
[Amended 3-6-2007]
In addition to sprinkler requirements for structures under the
provisions of the applicable NFPA (National Fire Protection Association)
code and/or any other applicable law or regulation, all newly constructed
duplexes, triplexes and single-family dwelling unit combination structures
that are attached to each other shall be sprinklered in accordance
with National Fire Protection Association (NFPA) code standards as
contained in the New Hampshire State Fire Code.
[Added 3-4-2008; amended 11-9-2010; 4-2-2013]
A.
In accordance with the provisions of RSA 160-C, it shall be illegal
for any person, firm, partnership or corporation to offer for sale,
expose for sale, sell at retail, purchase, possess, use, explode or
display any permissible fireworks within the City of Rochester, except
as specifically provided for in this section.
B.
DISPLAY
FIRE CHIEF
PERMISSIBLE FIREWORKS
POLICE CHIEF
As used in this section, the following terms shall have the meanings
indicated:
The use, explosion, activation, ignition, discharge, firing
or any other activity which is intended to cause or which causes a
firework to do what it was manufactured to do.
The Fire Chief of the City of Rochester or his/her designee.
Those consumer firework devices defined as "permissible fireworks"
in RSA 160-C, as the same currently exists or as, from time to time,
hereinafter amended.
The Police Chief of the City of Rochester or his/her designee.
C.
Permit required. No person shall use, discharge or explode any permissible
fireworks without a permit issued by the City of Rochester.
[Added 2-14-2017]
(1)
Any
person wishing to obtain a permissible fireworks display permit shall
apply to the Licensing Board at least 15 days prior to the display.
The time frame may be waived at the discretion of the Police and Fire
Chiefs.
[Amended 5-2-2017]
(2)
The
applicant shall provide the following information:
(a)
Date of application.
(b)
Name, address, and telephone number of applicant.
(c)
Address of location where the display will be held.
(d)
Diagram of the display location, showing the location of all nearby
property lines, nearby buildings, public ways, nearby trees, electrical
and telephone lines or other overhead obstructions, and the location
of any nearby storage of flammable or combustible liquids or gases.
(e)
Name of the owner of the property where the display will be held.
(f)
Intended date and time of display, including a possible rain date.
(g)
Written authorization of the property owner, if different from the
applicant.
(h)
Signature of the applicant.
(3)
Permit
fee. The fee for a permissible fireworks display shall be five dollars
($5.) per event. The fee shall be paid at the time of application
and is nonrefundable.
(4)
Site
inspections.
(a)
Prior to issuing a permit, the Police Chief or the Fire Chief may
conduct an inspection of the display site to determine whether a permissible
fireworks display can be held in a safe manner.
(b)
If, in the opinion of the Licensing Board, the proposed site is not
suitable for the safe display of permissible fireworks, the application
for a permit shall be denied.
[Amended 5-2-2017]
D.
Subject to and in accordance with the provisions of Chapter 160-C
of the New Hampshire Revised Statutes Annotated it shall be lawful
to possess and/or display permissible fireworks upon compliance with
the following requirements:
(1)
A person who is 21 years of age or older may display permissible
fireworks on private property with the written consent of the owner
or in the owner's presence, subject to the provisions of this section
and RSA 160-C and any other applicable ordinance, regulation or statute.
(2)
No display of permissible fireworks shall be permitted within the
City except between the hours of 6:00 p.m. and 11:00 p.m. on the following
holiday: Fourth of July (including the evening of July 3 beginning
at 6:00 p.m., including from such time until 12:00 midnight on any
rain date established for the annual City-wide fireworks display),
after obtaining a permit.
[Amended 6-6-2013; 2-14-2017; 9-3-2019]
(3)
The display of permissible fireworks shall be of such a character,
and so located and conducted, that it shall not be hazardous to property
or endanger any person. In accordance with the provisions of RSA 160-C,
permissible fireworks shall not be permitted on public property and
must be at least 50 feet from nearby buildings, nearby trees, electrical
and telephone lines or other overhead obstructions, and the location
of any nearby storage of flammable or combustible liquids or gases.
(4)
No permissible fireworks may be used, discharged, exploded, or displayed
during periods of very high or extreme fire danger as determined by
the Fire Chief or the New Hampshire Division of Forests and Lands.
(5)
Permissible fireworks may be used, discharged, exploded, or displayed
in a manner such that any and all discharge debris shall remain within
the property lines of the lot on which the display originates.
(6)
Anyone using permissible fireworks shall be responsible for removing
any debris accumulated due to the discharge of fireworks that fall
onto the public way, public property, and any private property within
24 hours. Anyone failing to remove such debris shall be financially
responsible for its cleanup.
[Amended 3-5-2019]
(7)
Display of permissible fireworks shall be permitted on public property
the evening of July 3 beginning at 6:00 p.m., including from such
time until 12:00 midnight on any rain date established for the annual
City-wide fireworks display, provided that such display shall be authorized
in a duly issued block party application/permit from the City's Licensing
Board covering the public property on which the display is to occur.
[Added 6-4-2013; amended 9-3-2019]
E.
A violation of this section shall be subject to the penalties provided for in § 75-14 of this article.
F.
This section shall be construed consistently with New Hampshire Code of Administrative Rules Chapter Saf-C 2600, as made applicable by state statute and as adopted by reference in § 75-4 of this article, and is not meant to repeal any section thereof. Nothing in this section shall be interpreted so as to conflict with the provisions of Chapter 160-B or 160-C of the New Hampshire Revised Statutes Annotated, as currently written, or as from time to time hereafter amended. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, independent provision and such holding shall not affect the validity of the remaining portions thereof.
G.
The Police Chief or Fire Chief may suspend the use of permissible
fireworks for any of the following reasons:
(1)
Unfavorable weather conditions, including but not limited to lightning
storms or high wind conditions exceeding 20 miles per hour or higher.
(2)
If any person under the age of 21 possesses, uses, discharges or
explodes or used, discharged or exploded any permissible firework
device.
(3)
If any person who is using, discharging, exploding, or displaying
the permissible fireworks appears to be under the influence of alcohol
or drugs.
(4)
If, in the opinion of the Police Chief or Fire Chief, the use, discharge,
exploding, or display of permissible fireworks would create a threat
to public safety.
H.
The Police Chief and/or Fire Chief is authorized to seize, take,
remove or cause to be removed, at the expense of the owner, all firework
devices that are being discharged in violation of this section.
[Added 3-3-2015]
In accordance with NFPA 1:2009 1.13, or the applicable adopted
section of the current code, the Rochester Fire Department enacts
the Listed Agent Program. The Fire Chief or his/her designee shall
promulgate administrative rules for the management of the Listed Agent
Program.
[Added 3-3-2015]
The Fire Chief or his/her designee shall promulgate administrative
rules for the management of the installation and maintenance of fire
alarms.
