SB 494 — relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal.

CHAPTER 104 SB 494-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 02/05/2026 0371s SESSION 26-2059 09/08 SENATE BILL 494-FN AN ACT relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal.

CHAPTER 104 SB 494-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 02/05/2026 0371s 26-2059 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal.

1104:1 State Board of Fire Control;

2104:2 State Board of Fire Control;

3104:3 State Board of Fire Control;

When the cause, origin, and circumstances of any fire occurring in any city, town, village district, or precinct in this state indicatesindicate that such fire was the result of design,design or of suspicious origin, the fire SB 494-FN - VERSION ADOPTED BY BOTH BODIES - Page 2 - chief or designee shall immediately notify the state fire marshal.

4CHAPTER 104 SB 494-FN - FINAL VERSION - Page 2 - 104:4 New Paragraphs;

The state fire marshal may charge an inspection fee for electrical and mechanical safety inspections at the request of property owners, local code enforcement authorities, or contractors performing or responsible for the work.workAn inspection fee shall not be charged for consultation or assistance to a local code enforcement authority.

AnThe inspection fee shall not be charged for consultation or assistance to a local code enforcement authority.The inspection fee schedule shall be the fees outlined in Saf-C 8100.

The state fire marshal may assist with and conduct a local fire code inspection at the request of a property owner or contractor, which has followed existing local permitting requirements, after three business days of unavailability by the local fire chief or designee.

5104:5 New Paragraph;

6104:6 New Paragraph;

The data export shall be sent at such intervals and only include such information as the state fire marshal SB 494-FN - VERSION ADOPTED BY BOTH BODIES - Page 3 - and executive director agree is necessary for the inspectors to perform their daily responsibilities.

7CHAPTER 104 SB 494-FN - FINAL VERSION - Page 3 - 104:7 State Fire Code;

8104:8 Effective Date.

LBAApproved: 26-2059 2/12/26 SB 494-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-0371s) AN ACT relative to the state fire code, fire incident reporting and investigations, and the duties of the state fire marshal.

FISCALMay IMPACT:28, 2026 Effective Date:

ThisJuly bill27, does2026 not provide funding, nor does it authorize new positions.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 Up to $50,000 per year Revenue Fund(s) General Fund Expenditures* $0 $135,000 $107,000 $112,000 Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill makes statutory updates relative to the State fire code, makes updates to incident reporting and investigation, and adds additional duties to the state Fire Marshal’s office.

The Department states the additional duties “cleans-up” mechanical and electrical inspection fee language due to the move of the state mechanical and electrical inspectors from the Office of Professional Licensure and Certification (OPLC) to the Division of Fire Safety in FY 2026.

Mechanical fees are already being charged, and this bill clarifies the fees will be within Department of Safety.

This bill adds an electrical inspection fee to align with the mechanical fee requests (charged when owners or contractors request an inspection).

All inspection fees will follow the existing fee schedule in administrative rules.

The Department states this could increase state general fund revenue by up to $50,000 per year.

Also included in this bill is a provision to allow owners and contractors to request the services of the Division of Fire Safety when a local fire chief, or designee, is unavailable to perform a fire code inspection within three (3) business days.

To accommodate the anticipated increase in workload, the Department states it would need to hire one (1) additional Fire Inspector position to conduct these inspections in a timely manner and maintain compliance with statutory response expectations and be responsible for performing on-site fire code inspections statewide, preparing reports, and coordinating with local officials and property owners.

The Department estimates the cost of the position (pay band SOC33L-07, starting step 3) would be $135,000 in FY 2027, $107,000 in FY 2028, and $112,000 in FY 2029.

This includes salary, benefits, and other expenses such as equipment and travel.

It should be noted that this bill provides neither authorization nor appropriation for new personnel.

The Office of Professional Licensure and Certification states, under this bill, it would be required to send to the Fire Marshal’s Office a data export of current and past licensees for the Mechanical Safety and Licensing Board and the Electricians’ Board.

The OPLC regularly extracts data for other agencies and has a process and policy in place for doing data extracts.

Any costs are expected to be minimal (under $10,000) and likely absorbed in its normal operating budget.

AGENCIES CONTACTED:

Department of Safety and Office of Professional Licensure and Certification