New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 5000 - DISPLAY FIREWORKS
Part Saf-C 5005 - LICENSE OR CERTIFICATE OF COMPETENCY, DENIAL, SUSPENSION AND REVOCATION
Section Saf-C 5005.02 - Suspension or Revocation

Universal Citation: NH Admin Rules Saf-C 5005.02

Current through Register No. 40, October 3, 2024

(a) A license or certificate of competency shall be suspended, for the reasons set forth in Saf-C 5005.01(a)(1), (2), or (9), or for any of the following:

(1) Failure to comply with any of the requirements of these rules;

(2) Failure to comply with a lawful order of the local fire official pertaining to the use, storage, transportation, handling, or discharge of display fireworks;

(3) Failure to comply with the requirements of any of the National Fire Protection Association "NFPA" codes referenced in these rules;

(4) Transporting, handling, discharging, or storing any display fireworks without a permit or after a permit has been denied; or

(5) Failure to report any incident, injury, fire, explosion, death, property damage, or other incident resulting from the use, handling, transportation, or storage of display fireworks.

(b) A license shall be revoked, after a hearing, for any of the reasons set forth in Saf-C 5005.01(a)(3)-(8) or (10) above, or for any of the following when:

(1) The licensee has a second or subsequent offense of any of the acts set forth in (a) above;

(2) The licensee gave false information or made any misrepresentation in order to obtain or renew a license; or

(3) The licensee is a threat to the safety of the public or to the state or any political subdivision thereof.

(c) In addition to (a) above, a license or certificate of competency shall be subject to immediate suspension pursuant to RSA 541-A:30, III when the commissioner determines that the public health, safety or welfare requires emergency action such as, but not limited to, when an individual has made threats against a person or public building.

(d) The commissioner shall notify the licensee or holder of a certificate of competency in writing of the date, time, and place of the hearing which shall be scheduled to occur within 10 working days from the date of notice. The notice shall specify the reason why suspension or revocation is under consideration.

(See Revision Note at Chapter heading for Saf-C 5000) #6055, eff 7-1-95, EXPIRED: 7-1-03

New. #8117, INTERIM, eff 7-14-04, EXPIRED: 1-10-05

New. #8261, eff 1-21-05; ss by #9765-A, eff 8-2-10

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