Appeals of code requirements
Appeals of application of the State Fire Code from a notice of violation
Appeals of decisions of the Fire Prevention Officer
Pursuant to RSA 674:34, the City of Keene Board of Appeal shall hear and decide appeals of orders, decisions, or determinations made by the fire official relative to the application of the state fire code as defined in RSA 155-A:1. An application for appeal shall be made within 10 days of the date of the order, decision or determination appealed from and shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The Board of Appeal shall have no authority to waive requirements of the State Fire Code.
Exceptions or Variances
RSA 153:4-a I allows the State Fire Marshal to grant variances or exceptions to the State Fire Code.
Saf-C 6005.01 The title “Exceptions and Variances” provides the guidance and requirements for action by the State Fire Marshal to ensure the request provides a degree of safety substantially equivalent to the code section cited. (http://www.gencourt.state.nh.us/rules/state_agencies/saf-c6000.html )
Saf-C 6005.03 provides the format for application to the State Fire Marshal for a variance or exception.
Appeals of decisions of the State Fire Marshal
Any person aggrieved by the decision of the State Fire Marshal as provided above shall be entitled to a hearing with the City of Keene Board of Appeal rules pursuant RSA 155-A:11 and conducted in accordance to Bcr 200.
Any person aggrieved by the decision of the City of Keene Board of Appeal shall be entitled to a hearing in Superior Court pursuant to RSA 155-A:12