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2009 New Hampshire Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagnh0011 and id is 1 raw text is: ATTORNEY GENERAL DEPARTMENT OF JUSTICE 33 CAPITOL STREET CONCORD, NEW HAMPS1HIRE 03301-6397 ORVILLE I. HUD FITCH f July 20, 2009 J. William Degnan State Fire Marshal I 10 Smokey Bear Boulevard Concord, New Hampshire 03305 Dear Marshal Degnan: This is in response to your recent request for a formal Attorney General opinion regarding whether or not the State Fire Code (Saf-C 6000) applies to a high-rise condominium building. It is our conclusion that the State Fire Code applies to high-rise condominiums. RSA 153:5 provides that the State Fire Marshal is to adopt rules to be known as the State Fire Code, which may be done by adopting the most recent edition of the National Fire Protection Association code (hereinafter NFPA) or other recognized codes as rules. The purpose of the State Fire Code is for the protection from tire and fire hazards for people of the state and for the general welfare of property and people within the state. The State Fire Code applies to new and existing buildings, structures or equipment. RSA 153:5. The State Fire Marshal, through the Commissioner, first adopted the NFPA Life Safety Code (hereinafter LSC) in 1973. The current administrative rules are found in Saf-C 6000. Saf-C 6001.01(1) defines the State Fire Code as the compilation of all rules inclusive in Saf-C 6000. Saf-C 6008.01(a) adopted NFPA 1, Uniform Fire Code (hereinafter UFC), 2003 edition.' Saf-C 6008.01(b) provides that the UFC shall apply to all owners and occupants of existing structures or premises. Saf-C 6008.04 also adopted as part of the State Fire Code NFPA 101, the Life Safety Code, 2003 edition, which is also applicable to any structure and all owners and occupants of existing structures. 'There are a few modifications to the UFC in Saf-C 6008.02 and 6008.03, however the modifications are not relevant to this analysis. Telephone 603-271-3658 * FAX 603-271-2 t0 * '[D)13 Access: Relay NH 1-H00-735-2964

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