Quote:
Originally Posted by Woodsy
Not sure about how it all works but....
If NH state LAW says that the state MUST CONFORM to NFPA codes, then Mr. Degmans hands are tied as far as enforcement goes.... he's the top dog and he HAS to enforce the rules....
Now if state LAW does not REQUIRE adherance to NFPA codes... then certainly there should be some sort of compromise reached.
Any legal guys care to chime in?? Skip??
Woodsy
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Your post is correct Woodsy. The NFPA produced a model fire protection code and made it available to states, and in some cases municipalities, for adoption. Think of it as expert advice on a specialty area. There are many such model codes: the Uniform Commericial Code; the Model Penal Code; the Uniform Probate Code, and so on. They do not have the force of law until adopted, either in part or whole, by the Federal, state, or sometimes municipal government. Each being free to pick and choose the parts of the code wanted. Sometimes the model code forms the basis for regulations that are adopted by a governmental agency pursuant to statutory authority granting such action. It can actually become fairly complicated.
As to the issue at hand: if this part of the code has been adopted either by statute or by properly enacted agency regulation it has the force of law and state and local officials are empowered to enforce it. I don't know whether or not New Hampshire as adopted the NFPA code, but I suspect it has; either by RSA or agency regulation. Now, if this is not the case can Meredith create a rule based on this provision in the NFPA code? Yes, by way of ordinance. A municipality can enact such an ordinance provided it is reasonably related to a ligitimate government interest. Here that interest is fire safety. I hope this brief explaination helps.