Title XII, Public Safety and Welfare

All commercial eating establishments or any place other than a private residence where food is served for consumption on the premises shall have posted in such premises in a conspicuous place a graphic display of the Heimlich maneuver or similar anti-choking maneuver. Such displa…

Any person who violates the provisions of this subdivision shall be guilty of a violation.

Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the follo…

A copy of the order with proof of service shall be filed with the clerk of the court of the district or municipality in which the hazardous building is located not less than 5 days prior to the filing of a motion pursuant to RSA 155-B:7 to enforce the order. The appropriate distr…

The requirements of this section and RSA 155-A:5-a and RSA 155-A:5-b are intended to establish a system of certification and enforcement for the accessibility standards in the state building code for public buildings. For purposes of this section,public buildingmeans any building…

Every person aggrieved by any decision of such inspectors may appeal therefrom to the superior court. The court, upon reasonable notice, may inquire into the facts by a committee or otherwise and affirm or overrule the order appealed from, and may make such further orders as just…

Except for excavation sites of operating stationary manufacturing plants, any excavated area of 5 contiguous acres or more, which is depleted of commercial earth materials, excluding bedrock, or any excavation from which earth materials of sufficient weight or volume to be commer…

I. The new construction, addition, or alteration of a public building as described in RSA 155-A:5 and as governed under RSA 155-A:2, I shall be subject to the requirements of this section and RSA 155-A:5-b. II. Except as provided in paragraph III, the contractor shall obtain and …

The regulator, upon application and following a hearing held in accordance with RSA 155-E:7, may grant an exception in writing to the standards contained in RSA 155-E:4-a, 155-E:5 and 155-E:5-a for good cause shown. The written decision shall state specifically what standards, if…

I. New Hampshire licensed architects, professional engineers, certified building officials, and master code officials may certify building plans and/or inspect public buildings for compliance with the accessibility standards in RSA 155-A:5 and RSA 155-A:5-a without further examin…

When the scope of a project for which an excavation permit has been issued is proposed to be altered so as to affect either the size or location of the excavation, the rate of removal or the plan for reclamation, the owner shall submit an application for amendment of his excavati…

Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute.

Every person who shall let or use any building for the purposes specified in this subdivision, after such building shall have been ordered to be closed or altered as provided in the preceding sections until the order has been complied with or reversed, shall be fined not more tha…

The purpose of this subdivision is to protect the health of the public by regulating smoking in enclosed workplaces and enclosed places accessible to the public, regardless of whether publicly or privately owned, and in enclosed publicly owned buildings and offices. This subdivis…

In this subdivision: I. "Cocktail lounge" means only that portion or specified area of a restaurant, hotel, motel, convention center or resort which is used primarily to serve liquor or other alcoholic beverages, irrespective of whether or not food is also served there. II. [Omit…

I. Except as provided in RSA 155:67 and notwithstanding any law to the contrary, smoking is prohibited in: (a) Public educational facilities at any time, and in child care agencies licensed under RSA 170-E during the hours of operation, except foster family homes and foster famil…

The following shall be exempted from the requirements of this subdivision: I. Public conveyances rented for private purposes. II. Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or familie…

The person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written policies in accordance with RSA 155:71, to achieve compliance with this subdivision. Such policies shall include, but not be limited to, the following: I. If smo…

If smoking-permitted areas are to be designated pursuant to the policy under RSA 155:68, II, the person in charge of the enclosed places listed in RSA 155:66 shall develop, or oversee the development of, written procedures in accordance with RSA 155:71, to achieve compliance with…

Prior to the regulator approving an application for an excavation permit or an application for an amended excavation permit, a public hearing shall be held within 30 days on such application. A notice of said hearing shall be sent to all abutters and shall specify the grounds for…

If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which t…

I. The local enforcement agency appointed pursuant to RSA 155-A:3 shall have the authority to enforce the provisions of the state building code and the local fire chief shall have the authority to enforce the provisions of the state fire code, provided that where there is no loca…

Signs shall be appropriately placed in all buildings and facilities regulated under this subdivision. Such signs shall state the smoking restrictions applicable to the building or facility, in accordance with RSA 155:68.

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. Criteria for smoking-permitted areas in a manner that effectively segregates areas, in accordance with RSA 155:65, V, where smoking may be permitted in the facilities under RSA 155:67, V, VI, VII, and X. I…

I. No person in charge shall retaliate in any manner against, or otherwise discriminate against, a person, employee, or subordinate who exercises any rights under this subdivision or rules adopted pursuant to this subdivision, or by any policy or procedure promulgated under this …

If an employee or user of a building or facility determines or believes that the person in charge or others are not complying with this subdivision or rules adopted pursuant to this subdivision, a complaint shall be registered with the person in charge. If the complaint is not re…

I. The commissioner or his or her designee shall investigate any complaint regarding noncompliance with the provisions of this subdivision or rules adopted under it. The investigation shall include a full opportunity for the person in charge to be informed of and to address the c…

I. The person in charge may seek a period of time to comply with this subdivision by submitting a written request to the commissioner requesting a waiver, specifying the grounds for the waiver and the time period within which such enclosed place shall be subject to the provisions…

I. The person in charge or his designee may call law enforcement authorities if any person refuses to refrain from smoking in an area where smoking is prohibited. II. Any person who smokes in an enclosed public place where smoking is prohibited shall be guilty of a violation and …

Nothing in this subdivision shall be construed to permit smoking where smoking is prohibited by any other provision of law or rule relative to fire protection, safety and sanitation.

The commissioner, after notice, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of not more than $100 per day for a first offense and not more than $200 per day for each subsequent offense upon any person who violates any provision of this subdivision…

In this subdivision: I. "Physical disability" means a condition of physical incapacitation due to a developmental disability, organic brain damage, or mental illness or one or more physical or mental limitations that restricts a person's ability to perform the normal activities o…

If the regulator after the public hearing approves the application for a permit and determines it is not prohibited by RSA 155-E:4 it shall, upon receipt of an excavation fee determined by the regulator not to exceed $50 and the posting of a bond or other such surety with the mun…

If an answer is filed and served as provided in RSA 155-B:6, further proceedings in the action shall be governed by the rules of civil procedure for the district or municipal courts, except that the action has priority over all pending civil actions and shall be tried forthwith. …

In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or is proposed to be used in violation of this title or of any local ordinance, code, or regulation adopted under this title, or of any provision or specific…

I. Any person who violates any of the provisions of this title, or any local ordinance, code, or regulation adopted under this title, or any provision or specification of any application, approved by, or any requirement or condition of a permit or decision issued by, any local bu…

The building official, code enforcement officer, zoning administrator or other official designated as an enforcement authority by ordinance or resolution of the local legislative body may issue a cease and desist order against any violation of this title, any local ordinance, cod…

I. A building official or other local official with authority to prosecute an offense within the scope of RSA 155-A:8-a, and who, prior to or at the time of serving the summons, elects, pursuant to RSA 155-A:8-a, V, to charge the offense as a violation, may issue and serve upon t…

I. A person, private firm, organization, corporation, or state government that operates a public building or facility shall install and maintain at least one universal changing station in a family restroom facility for persons of either sex who have a physical disability. II. (a)…

In this subdivision: I. "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel disease syndrome, or any other medical condition that requires the use of an ostomy device or immediate access to a toilet facilit…

A retail establishment that has a toilet facility for its employees shall allow any individual who is lawfully on the premises of such place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toi…

I. As used in this section: (a) "Covered driver" means any commercial driver as defined in RSA 259:12. (b) "Covered establishment" means a place of business open to the general public for the sale of goods or services; or a shipper, receiver, manufacturer, warehouse, distribution…

I. In this section: (a) "Covered drayage truck operator" means the driver of any in-use on-road vehicle with a gross vehicle weight rating of greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloadi…

Any public playground constructed on or after January 1, 2024 shall, in addition to meeting general safety standards and Americans With Disabilities Act standards, include accessible pathways made from resilient solid surface material that is not a loose fill or aggregate, beginn…

If the regulator disapproves or approves an application for an excavation permit or an application for an amended permit, any interested person affected by such decision may appeal to the regulator for a rehearing on such decision or any matter determined thereby. The motion for …

I. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed as set forth in the judgment. The cost of such repairs, razing, or removal shall be a lien against the real estate on which the building is lo…