Appeals Process
NH RSA 154:2(b): All local fire chiefs and duly authorized subordinates shall provide information on the local appeals process for local fire code ordinances and the variance process for the state fire code upon review of plans and notice of violations.
APPEALS OF APPLICATION OF THE CITY OF PORTSMOUTH FIRE CODE ORDIANCES FROM A NOTICE OF VIOLATION OR PLANS REVIEWS
CITY OF PORTSMOUTH ORDIANCES
ARTICLE IX: ADOPTED FIRE CODES (Amended 12-13-2022)
The City of Portsmouth adopts the “State Fire Code” as defined in NH RSA 153:1 VI-a, which includes the adoption by reference of the Life Safety Code NFPA 101 and the Uniform Fire Code NPA 1, 2018 editions. The City of Portsmouth also adopts the International Fire Code, 2018 Edition (IFC) and the provisions of any other national code, model code or standard referred to in the IFC as published by the International Code Council, is hereby adopted subject to the follow amendments, additions and deletions:
SECTION 109 BOARD OF APPEALS
Add sentence to end of subsection to read as follows: 109.1 Board of appeals established. The City’s Building Code Board of Appeals will hear and decide appeals or orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code.
https://www.cityofportsmouth.com/cityclerk/building-code-board-appeals
APPEALS OF APPLICATION OF THE STATE FIRE CODE FROM A NOTICE OF VIOLATION OR PLANS REVIEW
Exceptions or Variances:
RSA 153:4-a (I) allows the State Fire Marshal to grant variances or exceptions to the State Fire Code.
http://www.gencourt.state.nh.us/rsa/html/XII/153/153-4-a.htm
Saf-C 6005.03 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.
Saf-C 6005.04 provides the format for application to the State Fire Marshal for a variance or exception.
https://www.nh.gov/safety/divisions/firesafety/legal/index.html