Section Saf-C 6011.04 - Application for Certification(a) A private firefighting unit shall apply to the state fire marshal for certification by completing and submitting form DSFS 108, "Application for Certification as a Private Firefighting Unit" (rev. 7/20).(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;c. Place and date of birth;d. Number of shares of stock held in the firefighting unit, if applicable; ande. 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; andb. 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.(e) An applicant shall submit to the state fire marshal a proof of insurance certificate for workers' compensation coverage for all applicant employees, including volunteer and call members. The workers' compensation coverage shall conform to New Hampshire laws and rules.(f) For the purposes of (d) and (e) above, an insurance binder from an insurance company shall be acceptable only if obtaining the required insurance is contingent upon the applicant being awarded a contract for firefighting services.(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:b. Fire incident reporting;d. Hazardous materials emergencies; ande. 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; andd. Fire investigation reports, unless it involves: 2. Part of an ongoing criminal investigation; orN.H. Admin. Code § Saf-C 6011.04
Derived from Volume XL Number 37, Filed September 10, 2020, Proposed by #13094, Effective 8/25/2020, Expires 8/25/2030 (See Revision Note #1 and Revision Note #2 at chapter heading for Saf-C 6000).