New Hampshire Administrative Code

"Ultraviolet (UV) radiation" means "Ultraviolet (UV) radiation" as defined in RSA 313-A:1, XVI. Notes N.H. Admin. Code § Bar 601.07 #8444, eff 10-06-05 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.

(a) Each applicant applying for a tanning facility registration in accordance with RSA 313-A:28 shall make application on a form provided by the board and attach the fee in the amount of $45.00. (b) The applicant shall supply the following on the application for a tanning facilit…

(a) Only tanning devices manufactured and certified under the provisions of 21 CFR 1040.20, shall be used in tanning facilities. Compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR Parts 101…

(a) All operators shall comply with RSA 313-A:30. (b) Operators shall have the consumer present their protective eyewear prior to each use. (c) Operators shall not allow a consumer to use a tanning device if that consumer does not have the protective eyewear required by Bar 603.0…

(a) All operators shall be trained as required by RSA 313-A:30, II. (b) Any individual or organization wanting to provide training in accordance with RSA 313-A:30, II shall submit a curriculum for the board's approval. (c) Tanning facilities shall maintain verification of trainin…

(a) Complaints alleging misconduct by tanning facilities shall: (1) Note violations of RSA 313-A and or the board administrative rules; (2) Be in writing; and (3) Be filed at the board's offices in Concord, New Hampshire. (b) A complaint shall contain the following information:(1…

(a) Inspections shall be made whenever necessary to ensure compliance with RSA 313-A or the board's administrative rules, investigate a complaint against a tanning facility, and to follow up on violations previously documented. (b) All tanning facilities shall be inspected for co…

All tanning facilities registrations shall expire April 30th of each year. Notes N.H. Admin. Code § Bar 605.01 #8444, eff 10-06-05 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.

(a) The board shall send a renewal form at least 60 days prior to the expiration date of registration. (b) Each applicant wishing to renew his/her registration shall complete and file with the board a renewal form at least 30 days prior to the expiration date of a registration an…

(a) The board, in accordance with Bar 605.02, shall approve or deny the renewal form. (b) If the renewal form is completed, in accordance with Bar 605.02, the renewal form shall be approved and a registration issued. (c) If the renewal form is not completed, in accordance with Ba…

(a) The board shall notify, by certified mail return receipt requested, any tanning facility the board is imposing a fine upon of: (1) The proposed amount of the fine according to Bar 606.02 and Bar 606.03; and (2) The person's right to a hearing before the board prior to final d…

(a) For each violation 3 points shall be issued if a tanning facility did not comply with Bar 603.01(j) -(m) or (q)-(t). (b) For each violation 5 points shall be issued if a tanning facility did not comply with Bar 603.01(a)- (d) and (f) - (i). (c) For each violation of the follo…

Except as provided by Bar 606.04, administrative fines shall be assessed as follows: (a) For 25 or more, but less than 50 points, the fine imposed shall be $25; (b) For 50 or more, but less than 75 points, the fine imposed shall be $50; (c) For 75 or more, but less than 100 point…

(a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 606.03 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record: (1) Continuing noncompliance with the board statutes, rules…

(a) The board shall assess separate fines against a party for multiple violations of the statute and/or rules provided the board makes a separate finding of fact from the record for each violation. (b) Nonpayment of a fine by a registrant in contravention of an order, agreement o…

(a) "Mobile barbershop" means "mobile barbershop" as defined in RSA 313-A, I, XI, namely "a vehicle or structure, readily mobile, designed, constructed or adapted to serve as a barbershop at multiple sites." Notes N.H. Admin. Code § Bar 701.01 Derived from Volume XL Number 46, Fi…

(a) Each mobile barbershop shall be equipped with each of the following functioning systems: (1) A self-contained, potable water supply with water tanks that hold enough water to complete all services for the day; (2) A water heater that provides fresh, hot water continuously and…

(a) Each applicant for a mobile barbershop shall be currently licensed as a barber or master barber, or have a manager employed that is currently licensed as a barber or master barber. (b) Each applicant applying for a mobile barbershop license shall complete and submit an applic…

(a) A mobile barbershop shall not be used as a residence during hours of operation. (b) Services shall not be provided while the mobile barbershop is in motion. (c) A mobile barbershop shall not operate unless a mobile barbershop license has been issued by the board. (d) Mobile b…

(a) Mobile barbershops shall renew in the same manner as a shop per RSA 313-A:20. (b) Mobile barbershops shall complete and submit a "Renewal Application for Two-Year Mobile Shop License" form, (5/2020 edition) and submit on page 2 the same information and certify to the truthful…

(a) Inspections of a mobile barbershop shall include the same requirements as listed for a shop in Bar 404.01, Bar 404.02, and Bar 404.03. (b) In addition to (a) above, the inspector shall inspect for compliance with Bar 701.01 and Bar 701.03. Notes N.H. Admin. Code § Bar 701.06 …

(a) Disciplinary sanctions shall be imposed in the same manner as for a shop in accordance with Bar 402. (b) Violation points for a mobile barbershop shall be the same as required in Bar 404.09. (c) In addition to the violation points in (b) above, violations for a mobile barbers…

The purpose of these rules is to establish the procedures under which the New Hampshire state building code review shall operate and the procedures for appeals to the board. Notes N.H. Admin. Code § Bcr 101.01 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03…

"Board" means the New Hampshire state building code review board as established in RSA 155-A:10, I. Notes N.H. Admin. Code § Bcr 102.01 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03

"Commissioner" means the commissioner of the New Hampshire department of safety. Notes N.H. Admin. Code § Bcr 102.02 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03

"Department" means the New Hampshire department of safety. Notes N.H. Admin. Code § Bcr 102.03 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03

"Person" means "person" as defined in RSA 155-A:1, V. Notes N.H. Admin. Code § Bcr 102.04 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03

"State fire marshal" means the state fire marshal of the state of New Hampshire. Notes N.H. Admin. Code § Bcr 102.05 #7760, INTERIM, eff 9-14-02, EXPIRED: 3-13-03 New. #8003, eff 12-12-03

(a) Pursuant to RSA 155-A:10, I, the board consists of the commissioner and 15 members, appointed by the commissioner for a term specified by law. (b) The board shall elect a vice-chair at its annual meeting. (c) The chair shall preside over all meetings of the board. (d) In the …

(a) The responsibilities of the board include:(1) Adopting rules to update or change the state building code for codes described in RSA 155-A:1, IV; (2) Adopting rules relative to procedures of the board's operation and appeals to the board; (3) Hearing appeals of variances or ex…

(a) All requests for information shall be directed in writing to the board at: Department of Safety 33 Hazen Drive Concord, NH 03305 (b) Public records, not otherwise declared confidential by law, may be inspected and copied at the location stated in (a) above during regular busi…

(a) The board shall meet monthly and at such additional times as shall be called for by the chairman or by vote of the board. (b) The board shall hold an annual meeting in January of each year for the purpose of electing a vice-chair. Notes N.H. Admin. Code § Bcr 105.01 #8003, ef…

A quorum shall be required to meet for the purpose of discussion, receiving information, conducting a hearing, or taking final board actions, but final board actions shall be taken only by the affirmative vote of the majority of the board present, and eligible to participate in t…

(a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more board members when such delegations are necessary to perform the board's work more efficiently. (b) Committees shall make recommendations to the board, b…

The purposes of these rules is to specify the process used by the board for acquiring sufficient information to make fair and reasoned decisions on matters within their statutory jurisdiction. These rules shall be construed to secure the just, efficient and accurate resolution of…

Except where the context makes another meaning manifest, the following terms shall have the meanings indicated below when used in this chapter: (a) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photograp…

(a) Failure to comply with the rules of this chapter shall result in the board: (1) Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion; or (2) Accepting or admitting, or denying or not admitting a noncompl…

The board, upon the accepted motion of any interested person, shall waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension is lawful, and would be more likely to prom…

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days. (b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of t…

Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, change the time provided for the filing of any document, or reschedule the time set for any oral hearing, prehearing conference, or other activity upon a finding that the movi…

A motion to change time shall be filed at least 3 state business days before the scheduled date of the event in question. Notes N.H. Admin. Code § Bcr 204.03 #8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12

(a) A document shall be considered filed when it is actually received at the board's office at the following address: State Building Code Review Board Office of the Commissioner Department of Safety 33 Hazen Drive Concord NH 03305 (b) A document, which is facially in violation of…

(a) All petitions, motions, and replies filed with the board shall be signed and dated by the proponent of the document or, if the party appears by a representative, by the representative. (b) The signature on a document filed with the board shall constitute a certification that:…

(a) Applications and petitions for declaratory rulings shall be filed with the board. (b) All objections, motions, replies, exhibits, memoranda, or other documents filed in connection with a request for board action under paragraph (a) shall be served by the proponent upon the bo…

(a) The only pleadings permitted shall be petitions and replies to petitions. (b) A petitioner shall include the following on his or her petition:(1) The name and address of the petitioner; (2) The name and address of the petitioner's representative, if any; (3) A concise stateme…

(a) Appeals of variances or exceptions to the state fire code, Saf-C 6000, that have been granted or denied by the state fire marshal and appeals of a decision of the state fire marshal in enforcing provisions of the state building code pursuant to RSA 155-A:7, I, shall be in wri…

(a) Motions and objections shall be in writing unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion. (b) The moving party shall state, clearly and concisely, the foll…