N.H. Code Admin. R. He-P 1909.02 – Determining Eligibility and Approval for a Waiver

(a) Pursuant to RSA 155:75, III, the commissioner shall determine eligibility for a waiver.
(b) A person in charge shall be determined to be eligible for a waiver if the following criteria are met:
1. (1) The waiver request requirements described in He-P 1909.01 are met;
2. (2) The waiver request is not in response to a finding of a violation of the Act;
3. (3) The waiver request is not contrary to fire, safety, or sanitation requirements or other state or federal statutes; and
4. (4) The waiver, if granted, would not create a condition whereby smoke causes harm or unreasonably intrudes into any areas designated as no-smoking or any areas occupied by persons who do not smoke.

Source. #9054, eff 12-29-07, EXPIRED: 12-29-15 New. #12534, INTERIM, eff 5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18