N.H. Code Admin. R. He-C 4002.16
Emergency Preparedness, Practice Drills, and Fire Drills
Effective Sep 22, 2025#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.19); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.17)Commissioner, Department of Health and Human Services
(a) Except for nature-based programs that operate solely outside, programs shall conduct fire drills in accordance with the following:
- (1) Programs that operate continuously throughout the year shall conduct at least one drill each month of operation;
- (2) Programs that operate only during the school year shall conduct a drill within 14 days of opening each year and monthly thereafter;
- (3) Programs that operate only during the summer months shall conduct one fire drill in each month of operation;
- (4) Child care staff shall conduct fire drills at varying times during operating hours, including night time hours, if applicable, to ensure that each child attending the program experiences fire drills;
- (5) Child care staff shall activate the actual fire alarm system for the building for at least 2 of the required monthly fire drills required each year and use a fire alarm or smoke detector to signal all other fire drills;
- (6) All children and child care staff shall evacuate the building during each fire drill; and
- (7) Child care staff shall check daily attendance records to ensure that all children and staff are accounted for, after the building is evacuated.
- (b) The only exception to (a)(5) above shall be for school age programs operating in a public or private school, use of the actual fire alarm system for the building shall not be required for the monthly fire drills.
- (c) Programs shall complete a written record of fire drills, which shall be available for review during visits by the fire inspector and the department.
(d) The written record of fire drills required under (c) above shall include:
- (1) The date and time the drill was conducted and if the actual fire alarm system was used;
- (2) The exits used;
- (3) The number of children evacuated and total number of people in the building at the time of the drill;
- (4) The amount of time taken to evacuate the building; and
- (5) The name of the person conducting the drill.
- (e) The program manager or designee shall conduct a fire drill in the presence of a representative of the department or the local fire department upon request by either of those entities.
- (f) Programs shall have an emergency operations plan (EOP) prior to issuance of a permit or renewal of a license.
(g) All EOPs shall include accommodations for infants and toddlers, children with chronic medical conditions, and children with disabilities or with access and functional needs and:
- (1) Be created in coordination with local emergency response agencies in the community in which the program is located;
- (2) Contain procedures for communication and reunification with families; and
(3) Include response actions for natural, human-caused, or technological incidences including, but not limited to:
- a. Evacuation, both within the building and off-site;
- b. Secure campus;
- c. Drop, cover, and hold;
- d. Lockdown;
- e. Reverse evacuation;
- f. Shelter-in-place; and
- g. Bomb threat or scan.
- (h) Programs that plan to resume operations after an emergency shall have a continuity of operations plan (COOP) to ensure that essential functions continue during, or resume rapidly after, a disruption of normal activities.
- (i) Programs shall ensure that all staff and volunteers are trained on the EOP and response actions and are aware of the location of the plan.
- (j) Upon enrollment, programs shall provide families with information from the EOP that addresses communication and reunification procedures.
- (k) Programs shall conduct evacuation drills at least twice a year and dates shall be recorded and available for review pursuant to (m) below. A simulated drill is acceptable.
- (l) The program manager or their designee shall practice at least 2 different components of their EOP drills, other than evacuation drills, with all staff and children each calendar year.
(m) The program manager or their designee shall record and maintain on file for review, a log of the practice drills and staff reviews required in (k) and (l) above, that include:
- (1) The date and time of the drill or simulated drill;
- (2) The type of drill practiced, simulated, or reviewed;
- (3) The method of review or practice, such as in-person, or review of on-line training;
- (4) The name of all staff and children that participated, as applicable; and
- (5) The signature and date of the person conducting the drill, simulation, or review.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97 New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.19); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.17)