Current through Register No. 40, October 3, 2024
(b) By signing the form, the applicant, if an
individual, or by the officers of the applicant, if a corporation or an
association, shall certify to the following:
(1) That the information on the form is true
and correct to the best of the individual's knowledge and belief, subject to
the penalty for making unsworn false statements under
RSA
641:3;
(2) That the applicant has conducted a
criminal record check and that no officers of the private firefighting unit and
no person who possesses an ownership interest of 10 percent or more in the
private firefighting unit has been convicted of a felony; and
(3) That the private firefighting unit is a
legal corporation capable of transacting business under the laws of the State
of New Hampshire.
(c) The
applicant shall attach to the application the following:
(1) A list of every person who possesses an
ownership interest of 10 percent or more in the private firefighting unit, the
applicant, and every person who is an officer of the private firefighting unit,
including the following information:
a. Name,
and title if applicable;
b.
Residence address;
c. Place and
date of birth;
d. Number of shares
of stock held in the firefighting unit, if applicable; and
e. How shares of stock, in d. above, were
obtained;
(2) A copy of
any proposed bid specifications or contract with any city, town, or village
district with which the applicant intends to contract or has contracted;
and
(3) Proof that the private
firefighting unit is a legal corporation capable of transacting business under
the laws of the state of New Hampshire, including:
a. A copy of the certificate of good standing
issued by the secretary of state; and
b. If applicable, a copy of the trade name
certificate issued by the secretary of state.
(d) An applicant shall submit to the state
fire marshal a proof of insurance certificate for a commercial general
liability policy, including broad form coverage with basic limits and excess
limits in amounts agreed upon between the applicant and the governing body of
the city, town or village district. The policy shall include professional
liability and errors and omissions coverage for all applicant employees,
including volunteer and call members. The city, town, or village district shall
be named as an additional insured party if required by the city, town, or
village district.
(g) By signing the form,
an applicant shall agree to:
(1) Require all
full-time firefighters hired by the private firefighting unit to comply with
the Fire 700 educational and training requirements of the fire standards and
training commission, unless higher standards are required by a
contract;
(2) Meet all applicable
requirements for emergency medical services set forth in New Hampshire law and
rules;
(3) Require that, if new
motorized fire apparatus is purchased, leased, or otherwise acquired by the
private firefighting unit, the fire apparatus shall meet or exceed the
requirements of NFPA 1901, "Standard for Automotive Fire Apparatus", 2016
edition, available as noted in Appendix B;
(4) Require that all motorized fire and
rescue apparatus be maintained in accordance with the manufacturer's
recommendations;
(5) Require that,
if buildings and structures are erected, leased, or supplied by the private
firefighting unit, they shall conform to applicable federal, state, and local
fire, safety, sanitary and zoning laws, ordinances, codes, or
standards;
(6) Conduct an
in-service training and education program in accordance with the standards set
forth by the New Hampshire fire standards and training commission for all fire
personnel employed by the private firefighting unit;
(7) Disclose to the board of selectmen, town
manager, village district commission, mayor, or city manager and update
annually a detailed plan showing how the applicant would continue to provide
fire services in the event of a job action or strike;
(8) Comply with all statutes, laws, rules,
regulations, and orders of federal, state, county, or municipal authorities
which impose any duties or obligations on the applicant;
(9) Participate in and abide by the
provisions of any mutual aid agreement, which the governing body of the town,
city, or village district has entered into;
(10) Cause every fire within its area of
operation to be investigated and determine and record, if possible, the cause
and origin of each fire;
(11)
Report findings of evidence of illegal actions or actual personal injury or
death of a person or persons to the state fire marshal when conducting an
investigation in accordance with (g)(10) above;
(12) Take adequate steps to determine that
all fire apparatus, vehicles, and ambulances shall at all times be operated in
compliance with the applicable state motor vehicle laws pertaining to emergency
vehicles;
(13) Perform annual
testing of all hose, ladders, fire, and ambulance apparatus with the results of
the tests recorded and maintained as permanent records;
(14) Employ no person to fulfill the contract
with the city, town, or village district, known to the private firefighting
unit or that could have been determined through reasonable diligence, who has
been convicted of arson, burglary, or its equivalent under New Hampshire
criminal law;
(15) Coordinate with
the state fire marshal or his or her authorized agents to enter any premises
under the private firefighting unit's control during regular business hours by
appointment during the term of the contract for the purpose of examining
records, apparatus, personnel, or facilities if deemed necessary to determine
ongoing compliance with the agreement;
(16) Disclose to the city, town, or village
district, upon request, the criminal and motor vehicle records and training
records of all employees engaged in firefighting or ambulance duties within the
city, town or village district prior to employment, to the extent necessary
under New Hampshire laws;
(17)
Behave in all respects in the same manner as a public fire department with
regard to the authority of the state fire marshal and the duty to cooperate
with the state fire marshal regarding:
a. Fire
investigations;
b. Fire incident
reporting;
c. Fire
inspections;
d. Hazardous materials
emergencies; and
e. All other
matters within the purview of the state fire marshal;
(18) Maintain and submit to the city, town,
village district, or state, as appropriate, all reporting logs and forms and
other records required by the city, town, village district, or state;
(19) Not assign or transfer the private
firefighting unit's contract with the city, town, or village district without
prior written consent from the city, town, or village district and the state
fire marshal;
(20) Conduct a fire
prevention campaign to the nature and extent specified in the contract with the
governing body of the city, town, or village district; and
(21) Maintain and make available to the
public, upon request, the following official records:
a. Emergency dispatch center logs;
b. Records of fire safety
inspections;
c. Fire and other
emergency incident reports; and
d.
Fire investigation reports, unless it involves:
1. Arson fire;
2. Part of an ongoing criminal investigation;
or
3. A juvenile.
