A. The “state fire marshal’s office” is created as a division under the homeland security and emergency management department. B. The position of “state fire marshal” is created as the director of the state fire marshal’s office. C. The office consists of the: (1) firefighter training academy program; (2) fire service support program; (3) fire […]
A. The state fire marshal shall be appointed by the secretary of homeland security and emergency management. The state fire marshal shall be appointed solely on the basis of fitness to perform the duties of state fire marshal and without reference to political party affiliation. The state fire marshal shall be well versed in fire […]
The state fire marshal or the marshal’s deputies or employees are authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state. The marshal is authorized to require reports from the marshal’s deputies concerning all fires and explosions in their districts. For the purpose […]
Witnesses or persons subpoenaed pursuant to Chapter 59A, Article 52 NMSA 1978 shall be paid at per diem and mileage rates on the same bases and at the same rates as currently apply as to state employees in general. History: Laws 1984, ch. 127, § 957; 2020, ch. 9, § 38. ANNOTATIONS The 2020 amendment, […]
The state fire marshal shall keep open to public inspection, at reasonable hours, all records of fires occurring within the state. History: Laws 1984, ch. 127, § 958; 2020, ch. 9, § 39. ANNOTATIONS The 2020 amendment, effective July 1, 2021, added “state fire” preceding “marshal”.
The state fire marshal shall furnish to the proper law enforcement officers any evidence that the marshal may discover in the marshal’s investigations that indicates criminal acts. History: Laws 1984, ch. 127, § 959; 2020, ch. 9, § 40. ANNOTATIONS The 2020 amendment, effective July 1, 2021, after the first occurrence of “The”, added “state […]
For the purposes of Chapter 59A, Article 52 NMSA 1978, an appropriation to the homeland security and emergency management department shall be included in the general appropriation act of each legislature, the appropriation to be made from the fire protection fund, which funds are to be paid out by the secretary of finance and administration […]
The “training academy use fee fund” is created in the state treasury. All fees received by the state fire marshal for use of the firefighter training academy and its services shall be deposited into the fund; provided that no fee shall be charged the state of New Mexico or any of its agencies, instrumentalities or […]
A. For prevention and control of fires, pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the state fire marshal shall formulate, adopt and promulgate, and amend or revise rules for fire prevention and safe conduct or use of public occupancies and rules concerning the sale, servicing or use of fire safety, […]
A. The public regulation commission shall issue rules requiring the inspection and testing of fire and smoke dampers and smoke control systems in accordance with national fire protection association standards in places of assembly, educational occupancies, institutional occupancies, residential occupancies consisting of four or more family units, mercantile occupancies, office occupancies, industrial occupancies, storage occupancies […]
A. The state fire marshal shall adopt rules for the safe vehicular transportation, storage, handling and use of flammable and combustible liquids; provided that the state fire marshal shall not adopt any rule conflicting with the jurisdiction of the department of environment over the regulation of storage tanks pursuant to the Hazardous Waste Act [Chapter […]
No rule shall be adopted or revised under Section 59A-52-16 NMSA 1978 or made effective until after public hearing thereon, of which at least twenty days’ written notice shall be given by certified mail to each motor carrier, producer, refiner, distributor or other person that shall have registered its name and mailing address with the […]
A. The state fire marshal or the marshal’s deputy, authorized officer or designated agent shall have full powers as peace officers to enforce the provisions of Chapter 59A, Article 52 NMSA 1978 and all rules issued pursuant to that article. B. The revenue officers and law enforcement officers of the state shall cooperate with the […]
The state fire marshal shall administer the provisions of Chapter 59A, Article 52 NMSA 1978. History: Laws 1984, ch. 127, § 948; 1998, ch. 108, § 39. ANNOTATIONS The 1998 amendment, effective January 1, 1999, inserted “state fire” preceding “marshal” at the beginning of the section, and substituted “Chapter 59A, Article 52 NMSA 1978” for […]
A. When the state fire marshal or the marshal’s deputy, authorized officer or designated agent finds any violation of the rules issued in compliance with Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal’s deputy, authorized officer or designated agent shall issue an order to the owner or the owner’s agent to cease […]
Any person aggrieved by any order of the state fire marshal or the marshal’s deputy, authorized officer or designated agent may appeal to the fire services council within ten days from the date of the service of such order. The council shall hear such party within twenty days after receipt of an appeal request and […]
A person aggrieved by a decision of the state fire marshal may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 127, § 968; 1998, ch. 55, § 69; 1999, ch. 265, § 72. ANNOTATIONS Cross references. — For procedures governing administrative appeals to the district […]
After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The fire services council […]
Violation of any of the provisions of Chapter 59A, Article 52 NMSA 1978 or of any of the rules lawfully enacted pursuant to that article shall constitute a misdemeanor for which the punishment shall be a fine of not more than five hundred dollars ($500). Each day any such violation continues shall constitute a separate […]
Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues. The attorney general is empowered to bring a civil suit for the enforcement of this section on the relation of the state […]
