[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]
Upon appointment, the Fire Chief shall within six months establish residence within the City's boundaries. 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.
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.
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.
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.
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:
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.
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.
The fee schedule under this article shall be as follows:
Tank removal: twenty-five dollars ($25.).
Blasting: twenty-five dollars ($25.).
Fire Department Incident report: twenty-five dollars ($25.).
Photographs (fire scene): fifteen dollars ($15.).
Fire alarm system plan review: one dollar ($1.) per device or fifty dollars ($50.) minimum.
Sprinkler system plan review: one dollar ($1.) per device or fifty dollars ($50.) minimum.
Commercial hood fire suppression: one dollar ($1.) per device or fifty dollars ($50.) minimum.
Clean agent: one dollar ($1.) per device or fifty dollars ($50.) minimum.
Initial inspection: free of charge.
Reinspections (sprinkler systems, fire alarm systems, commercial hood fire suppression, clean agent): fifty dollars ($50.) per person with one hundred dollars ($100.) minimum.
Listed agent: twenty-five dollars ($25.) per year, per restriction.
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.
The fine for working without a permit or license is one hundred seventy-five dollars ($175.).
[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.
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]
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.
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.
- FIRE CHIEF
- The Fire Chief of the City of Rochester or his/her designee.
- PERMISSIBLE FIREWORKS
- 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.
- POLICE CHIEF
- The Police Chief of the City of Rochester or his/her designee.
Permit required. No person shall use, discharge or explode any permissible fireworks without a permit issued by the City of Rochester.
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.
The applicant shall provide the following information:
Date of application.
Name, address, and telephone number of applicant.
Address of location where the display will be held.
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.
Name of the owner of the property where the display will be held.
Intended date and time of display, including a possible rain date.
Written authorization of the property owner, if different from the applicant.
Signature of the applicant.
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.
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.
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.
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:
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.
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]
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.
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.
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.
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.
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]
A violation of this section shall be subject to the penalties provided for in § 75-14 of this article.
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.
The Police Chief or Fire Chief may suspend the use of permissible fireworks for any of the following reasons:
Unfavorable weather conditions, including but not limited to lightning storms or high wind conditions exceeding 20 miles per hour or higher.
If any person under the age of 21 possesses, uses, discharges or explodes or used, discharged or exploded any permissible firework device.
If any person who is using, discharging, exploding, or displaying the permissible fireworks appears to be under the influence of alcohol or drugs.
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.
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.
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.
The Fire Chief or his/her designee shall promulgate administrative rules for the management of the installation and maintenance of fire alarms.