New Hampshire § 227-L-13 - Section 227-L:13 Public Duties; Penalties.

§ 227-L-13. Section 227-L:13 Public Duties; Penalties.

I. It shall be the duty of any person who discovers a woodland fire not under control or supervision of some person to extinguish it or report it immediately to the warden or deputy warden or other public official. Whoever fails so to do shall be guilty of a violation. II. Any person who fails to respond to the warden's call for assistance or the use of the person's property, or any person who drives a motor vehicle over a road or highway that has been closed under RSA 227-L:11, I(b), after having been instructed not to do so, shall be guilty of a violation. III. Notwithstanding the provisions of paragraph II and RSA 227-L:11, I(b) no person authorized to compel assistance by conscription under such authority shall order any person under the age of 18 years or over the age of 45 years (except when such person has voluntarily consented to accept direction and if under the age of 18, has furnished parental consent in writing); or any person having a physical or mental disability or who is otherwise disabled in capability to perform acts of firefighting, to perform any act of firefighting which would subject such person to the possible risk of grievous bodily injury, harm or death, except in a dire emergency, and then only if such act or acts are deemed necessary to protect and preserve public property endangered by fire, or in the case of a national emergency. Notwithstanding this limitation, nothing in this section shall be construed to limit a person's ability, if over 18 years of age, to voluntarily consent to perform acts of firefighting so long as the person agrees to accept direction of qualified firefighters and the person accepting consent is authorized by paragraph II and RSA 227-L:11, I(b) to call for such assistance and reasonably believes that the person volunteering understands the personal risk. IV. Owners of property required by the warden or deputy warden in the extinguishment of a woodland fire shall receive reasonable compensation for their services. In case the warden or deputy warden, and the persons summoned to assist or furnish the use of property, shall fail to agree upon the terms of compensation, the dispute shall be referred to the forest ranger, the director, or the commissioner for settlement, and the decision of the commissioner shall be final.