45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO PUBLIC SAFETY; TRANSFERRING THE STATE FIRE MARSHAL AND THE FIREFIGHTER'S TRAINING ACADEMY TO THE DEPARTMENT OF PUBLIC SAFETY; CREATING A BOARD; ELIMINATING THE STATE FIRE MARSHAL'S CONTROL OVER FLAMMABLE LIQUID REGULATION; TRANSFERRING PERSONNEL, MONEY AND OTHER PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 8-8-9 NMSA 1978 (being Laws 1998, Chapter 108, Section 9) is amended to read:
"8-8-9. INSURANCE DIVISION.--
A. The director of the insurance division is the "superintendent of insurance" and shall have all the powers and duties prescribed to him in the New Mexico Insurance Code.
B. The insurance division shall consist of such
bureaus as the superintendent of insurance determines for the
orderly conduct of business [including the fire marshal
bureau. The superintendent of insurance may organize the
firefighter's training academy as part of the fire marshal
bureau or may organize it as a separate bureau]."
Section 2. Section 59A-52-1 NMSA 1978 (being Laws 1984, Chapter 127, Section 947, as amended) is amended to read:
"59A-52-1. STATE FIRE MARSHAL CREATED.--The position of
"state fire marshal" is created as the bureau chief of the
[fire marshal bureau of the insurance division] fire
protection bureau of the technical and emergency support
division of the department of public safety."
Section 3. Section 59A-52-3 NMSA 1978 (being Laws 1984, Chapter 127, Section 949, as amended) is amended to read:
"59A-52-3. [DEPUTY] STATE FIRE MARSHAL AND OTHER
EMPLOYEES--QUALIFICATIONS.--[OF DEPUTY.--The state fire
marshal may, with the approval of the superintendent, appoint
or remove a deputy state fire marshal and other employees to
assist in the execution of the marshal's duties; provided,
however, that] The state fire marshal and any deputy state
fire marshal [appointed by the state fire marshal] shall be
experienced in fire prevention and fire fighting and have
completed a course of training by actual attendance at a fire
training school."
Section 4. Section 59A-52-15 NMSA 1978 (being Laws 1984, Chapter 127, Section 961) is amended to read:
"59A-52-15. FIRE PREVENTION--PUBLIC OCCUPANCIES
[REGULATIONS] RULES.--
A. For prevention and control of fires, the
[state] fire board shall formulate, adopt and promulgate and
amend or revise [regulations] rules for fire prevention and
safe conduct or use of public occupancies, including rules
concerning the sale, servicing or use of fire safety,
prevention, detection and suppression equipment or materials.
For the purposes of this provision, "public occupancies"
consist of places of assembly; educational occupancies;
institutional occupancies; residential occupancies consisting
of four [(4)] or more family units; mercantile occupancies;
office occupancies; industrial occupancies; storage
occupancies and miscellaneous structures consisting of towers,
underground structures and windowless buildings; and all
buildings owned or occupied by the state government or any
political subdivision thereof or by municipal governments [and
regulations concerning the sale, servicing or use of fire
safety, prevention, detection or suppression equipment or
materials]. The [regulations] rules shall be adopted after
notice and public hearing. [The notice shall be entitled
"notice of proposed rule making" and it shall contain the date
of the hearing and shall state the subject of the hearing. A
copy of the notice, along with a copy of the proposed
regulations, shall be filed with the supreme court librarian
at least twenty (20) days prior to the hearing. In addition,
the board shall make available for inspection at its offices,
a copy of the proposed regulations.
B. The rules and regulations shall follow
nationwide standards except in the area of life safety codes,
which shall be compatible with the Uniform Building Code, as
revised from time to time, issued by the international
conference of building officials.
C.] B. The rules [and regulations] shall allow
reasonable provision under which facilities in service prior
to the effective date of the rules [and regulations] and not
in strict conformity therewith may be continued in service.
[Noncomforming] Nonconforming facilities in service prior to
the adoption of [regulations which] rules that are found by
the state fire marshal to constitute a distinct hazard to life
or property, shall not be exempt from [regulations nor] rules
or permitted to continue in service."
Section 5. A new section of Chapter 59A, Article 52 NMSA 1978 is enacted to read:
"[NEW MATERIAL] FIRE BOARD--CREATED.--
A. The "fire board" is created. The board shall be appointed by the governor as follows:
(1) one member from the municipal fire chiefs association;
(2) one member from the New Mexico firefighters association;
(3) one member from the New Mexico fire marshals association;
(4) one member from the society of fire protection engineers;
(5) two members who represent the construction industries; and
(6) one member of the public.
B. The members shall serve four-year terms at the pleasure of the governor. Members may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
C. The fire board shall annually elect a chairman and vice chairman. The state fire marshal shall service as executive secretary of the board. The fire protection bureau of the technical and emergency support division of the department of public safety shall provide staff support to the board.
D. The fire board shall meet at least quarterly and at the request of the chairman, the state fire marshal or three members of the board.
E. The fire board shall:
(1) approve fire codes and standards to be enforced by the fire protection bureau of the technical and emergency support division of the department of public safety; provided, however, that the board shall coordinate with the construction industries division of the regulation and licensing department to ensure that state building and fire codes are compatible and consistent with each other; and
(2) take appeals and perform other duties as provided by law."
Section 6. Section 59A-52-18 NMSA 1978 (being Laws 1984, Chapter 127, Section 964) is amended to read:
"59A-52-18. RULES [AND REGULATIONS]--STATEWIDE EFFECT--RESERVED POWER OF MUNICIPALITIES.--The rules [and regulations]
promulgated pursuant to [this article] Chapter 59A, Article 52
NMSA 1978 shall have uniform [force and] effect throughout the
state and no municipality or subdivision shall enact or
enforce any ordinances, rules or regulations inconsistent with
the statewide rules [and regulations] promulgated pursuant to
[this] that article. The rules promulgated pursuant to that
article are the minimum code for a municipality or county.
Nothing in [this] that article shall in any way impair the
power of [any] a municipality to regulate the use of its land
by zoning, building codes or restricted fire district
regulations."
Section 7. Section 59A-52-19 NMSA 1978 (being Laws 1984, Chapter 127, Section 965) is amended to read:
"59A-52-19. POLICE POWER OF [MARSHAL] FIRE PROTECTION
BUREAU--COOPERATION OF STATE OFFICERS.--
A. The secretary of public safety may designate
the state fire marshal [his deputy or his authorized officer
or designated agent shall have full powers as peace officers]
and other employees or agents of the fire protection bureau of
the technical and emergency support division of the department
of public safety to enforce the provisions of [this article]
Chapter 59A, Article 52 NMSA 1978 and all rules [and
regulations] issued pursuant to [this] that article.
B. The revenue officers and law enforcement
officers of the state shall cooperate with the [marshal, his
deputy or authorized officer or designated agent] fire
protection bureau of the technical and emergency support
division of the department of public safety whenever called
upon by them for assistance in enforcing [this article]
Chapter 59A, Article 52 NMSA 1978.
C. The secretary of public safety may commission the state fire marshal and other employees of the fire protection bureau of the technical and emergency support division of the department of public safety as law enforcement officers if they have successfully completed the necessary law enforcement training."
Section 8. Section 59A-52-20 NMSA 1978 (being Laws 1984, Chapter 127, Section 966) is amended to read:
"59A-52-20. CEASE AND DESIST ORDERS--[CERTAIN VIOLATIONS
ARE MISDEMEANORS.--A.].--When the [marshal, his deputy or his
authorized officer or designated agent] fire protection bureau
of the technical and emergency support division of the
department of public safety finds [any] a violation of the
[regulations] rules issued in compliance with [this article he
or they] Chapter 59A, Article 52 NMSA 1978, it shall issue an
order to the owner or his agent to cease and desist such
violations.
[B. When there is so found any violation of any
statute or rules and regulations concerning flammable liquids
a cease and desist order shall issue if the violation
constitutes an immediate and distinct hazard to life or
property, and any such violation shall constitute a
misdemeanor punishable by a fine not to exceed five hundred
dollars ($500). Each day such violation continues constitutes
a separate offense.]"
Section 9. Section 59A-52-21 NMSA 1978 (being Laws 1984, Chapter 127, Section 967, as amended) is amended to read:
"59A-52-21. ADMINISTRATIVE APPEAL OF ORDERS AND
MODIFICATIONS.--[Any] A person aggrieved by [any] an order of
the [state fire marshal, his deputy or authorized officer or
his designated agent] fire protection bureau of the technical
and emergency support division of the department of public
safety may appeal to the [commission] fire board within ten
days from the date of the service of [such] the order. The
[commission] fire board shall hear [such] the party within
twenty days after receipt of an appeal request and shall give
not less than ten days' written notice of the hearing. Within
fifteen days after [such] the hearing, the [commission] fire
board shall file its decision and, unless by its authority the
order is revoked or modified, it shall be complied with within
the time fixed in the decision, with such time to be not less
than thirty days."
Section 10. Section 59A-52-22 NMSA 1978 (being Laws 1984, Chapter 127, Section 968, as amended) is amended to read:
"59A-52-22. JUDICIAL REVIEW OF ORDER.--A person
aggrieved by a decision of the [state fire marshal] fire board
pursuant to Section 59A-52-21 NMSA 1978 may appeal to the
district court pursuant to the provisions of Section 39-3-1.1
NMSA 1978."
Section 11. Section 59A-53-6 NMSA 1978 (being Laws 1984, Chapter 127, Section 977, as amended) is amended to read:
"59A-53-6. APPEAL AND REVIEW OF DETERMINATION.--The
[marshal] fire protection bureau of the technical and
emergency support division of the department of public safety
shall promptly notify each [incorporated city, town, village]
municipality and county fire district affected of [his] the
bureau's determination of needs, and [an incorporated city,
town, village] a municipality or county fire district may
appeal from the determination of the [marshal] bureau to the
[commission] secretary of public safety within ten days after
the determination of needs. The [commission] secretary shall
review the determination of the [marshal] bureau in such
informal and summary proceedings as [it] he deems proper and
shall certify to the state treasurer annually, on or before
the last day of June, the results of all appeals from the
determinations of the [marshal] bureau. The certification by
the [commission] secretary, or by the [marshal] bureau if no
appeal is taken, shall be final and binding on all concerned
and not subject to any further review."
Section 12. Section 59A-53-7 NMSA 1978 (being Laws 1984, Chapter 127, Section 978, as amended) is amended to read:
"59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.--
A. Annually on or before the last day of July, the
state treasurer shall distribute from the money in the fire
protection fund, to each [incorporated] municipality and to
each county fire district, the amount the [marshal] fire
protection bureau of the technical and emergency support
division of the department of public safety or the
[commission] secretary of public safety, as the case may be,
has certified to him. Payment shall be made to the treasurer
of any [incorporated] municipality and to the county treasurer
of the county in which any county fire district is located for
credit to the county fire district.
B. The state treasurer is authorized to redirect a
distribution to the New Mexico finance authority in the amount
the [marshal] fire protection bureau of the technical and
emergency support division of the department of public safety
or the [commission] secretary of public safety, as the case
may be, has certified to [him] the treasurer pursuant to an
ordinance or [a] resolution passed by the municipality or
county and a written agreement [of] between the municipality
or county in which [any] a county fire district is located and
the New Mexico finance authority."
Section 13. Section 60-2C-3 NMSA 1978 (being Laws 1989, Chapter 346, Section 3, as amended) is amended to read:
"60-2C-3. LICENSE OR PERMIT REQUIRED FOR SALE OF FIREWORKS--ADMINISTRATION--PERMITS AND LICENSES.--
A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person has first obtained the appropriate license or permit.
B. The [state fire marshal] fire protection bureau
of the technical and emergency support division of the
department of public safety shall enforce the Fireworks
Licensing and Safety Act. All license applications shall be
submitted to the [office of the state fire marshal] bureau.
All retailers shall be required to purchase a retail fireworks
permit for each retail location. The retail permit may be
purchased from any licensed manufacturer, distributor or
wholesaler or from the [state fire marshal's office] bureau.
Retail permits may be purchased at any time by the licensed
manufacturer, distributor or wholesaler in books of twenty
permits per book from the [state fire marshal] bureau.
Permits shall be numbered, and it [shall be] is the
responsibility of the licensed manufacturer, distributor or
wholesaler to keep records of the purchases of these permits
and to submit these records to the [state fire marshal] bureau
semiannually on January 31 and July 31 of each year. Each
semiannual report is to cover the preceding six-month period.
Retail permits that are unsold may be exchanged for new
permits.
C. [The state fire marshal shall appoint the
deputies and employees required to carry out the provisions of
the Fireworks Licensing and Safety Act. The state fire
marshal may also] The secretary of public safety may appoint
any commissioned law enforcement officer or duly appointed
fire chief or his designee [with] upon request and approval
from the local governing body required to carry out the
provisions of that act.
D. The [state] fire board shall formulate, adopt,
promulgate and amend or revise rules [and regulations] for the
safe handling of fireworks."
Section 14. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, APPROPRIATIONS, MONEY, RECORDS, FURNITURE, EQUIPMENT, OTHER PERSONAL AND REAL PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--
A. On the effective date of this act, all personnel, appropriations, money, records, furniture, equipment and other personal and real property of the fire marshal bureau and the firefighter's training academy of the insurance division of the public regulation commission shall be transferred to the fire protection bureau of the technical and emergency support division of the department of public safety. In addition, three hundred thousand dollars ($300,000) from the administrative services division of the public regulation commission shall be transferred to the department of public safety to support the transfer of the state fire marshal's office and the firefighter training academy to the department of public safety.
B. On the effective date of this act, all contracts and other obligations binding on the state fire marshal, the fire marshal bureau or the firefighter's training academy of the insurance division of the public regulation commission shall be binding on the fire protection bureau of the technical and emergency support division of the department of public safety.
C. On the effective date of this act, all references in the law to the fire marshal bureau or the firefighter's training academy of the insurance division of the public regulation commission shall be deemed to be references to the fire protection bureau of the technical and emergency support division of the department of public safety. All references in the law to the state fire board or the public regulation commission in its capacity as the state fire board shall be deemed to be references to the fire board or the secretary of public safety as applicable.
Section 15. REPEAL.--Section 59A-52-16 NMSA 1978 (being Laws 1984, Chapter 127, Section 962) is repealed.
Section 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.