18-01 State Fire Marshal Department

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TITLE 18FIRESCHAPTER 18-01STATE FIRE MARSHAL DEPARTMENT18-01-01. Appointment of state fire marshal - Appointment and salaries of deputiesand assistants - Budget.The attorney general shall appoint the state fire marshal andsupervise the operation of the state fire marshal department.The state fire marshal shallmanage the state fire marshal department and shall perform the duties imposed on the state fire marshal by this chapter.The state fire marshal shall appoint such deputies and other employees as the state firemarshal deems necessary to carry out this chapter within the limits of legislative appropriations.Before entering upon their duties, the state fire marshal and each deputy appointed underthis section shall take and subscribe the constitutional oath of office and file the oath in the office of the secretary of state.The state fire marshal department must be operated in conjunction with the bureau ofcriminal investigation. The budget for the state fire marshal department must be submitted as part of the attorney general's budget.18-01-02. Duties of state fire marshal and deputy state fire marshals. The state firemarshal and deputy state fire marshals may enforce all the laws of the state providing for:1.The prevention of fires.2.The storage, sale, and use of combustibles and explosives.3.The installation and maintenance of automatic or other fire alarms and fire extinguishing equipment.4.The means and adequacy of exits in case of fires from all public and private elementary and secondary schools, from all public places, and from all other places in which fifty or more persons congregate from time to time for any purpose.5.The suppression of arson and the investigation of the cause and origin of fires.6.The education of the citizens of North Dakota through organized programs on the hazards of fire.18-01-03. Deputy state fire marshal to assist state fire marshal - Duties when statefire marshal absent. Each deputy state fire marshal shall assist the state fire marshal, and in the event of a vacancy in the office of state fire marshal, or during the absence or disability of that officer, the chief deputy state fire marshal shall assume the duties of the office of state fire marshal.18-01-03.1. Inspections - Department of human services. The state fire marshal andthe state fire marshal's deputies may perform fire safety inspections of those facilities required to be inspected under administrative rules of the department of human services. The state fire marshal shall charge a fee not to exceed fifty dollars for conducting these fire safety inspections in an amount determined by administrative rules adopted by the state fire marshal. Inspection fees received by the state fire marshal must be deposited into the attorney general's operating fund.Page No. 118-01-03.2. Delegation of authority. The state fire marshal may delegate to the statedepartment of health or any political subdivision the authority to conduct investigations, surveys, or inspections, and the authority to enforce compliance where violations are discovered, which become the responsibility of the state department of health or political subdivision and otherwise would be the responsibility of the state fire marshal. Any delegation to the state department of health is limited to authority over basic care facilities. Any political subdivision that meets the state fire marshal's minimum standard requirements may be delegated authority under this section. A political subdivision may refuse the delegation.18-01-04. Rules for prevention of fires to be issued. The state fire marshal, under thesupervision of the attorney general, shall make rules not inconsistent with the provisions of this code for the prevention of fires and shall explain such rules fully to all state, county, and municipal boards and officers. All such rules must be posted in such conspicuous places as will tend to be of the greatest benefit to the residents of the state, and when called upon, the state fire marshal or one of the state fire marshal's assistants shall appear before any public board and explain the benefits derived from compliance with such rules and regulations in the reduction of hazardous conditions and loss by fire.18-01-04.1. Educational programs - Provided by state fire marshal. The state firemarshal has the authority to provide educational programs on the hazards of fire.18-01-05. Insurance companies to report fire losses to state fire marshal. Eachinsurer authorized to transact fire insurance business in this state is hereby required to report to the state fire marshal, either directly or through an approved agency, fire losses on property insured in the company, giving the name of the insured, the date of the fire, the amount of loss, the loss paid, the character of the property destroyed or damaged, and the supposed cause of the fire. Provided, however, the state fire marshal may waive the reporting of such losses which are deemed unimportant because of the small amount involved to the end that a saving in time and expense will result. This report must be mailed to the state fire marshal as soon as possible after notice of loss is received by the company. This report must be in addition to, and not in lieu of, any report the company may be required to make by any law of this state to the insurance commissioner.18-01-05.1. Disclosure of information - Immunity - Confidentiality.1.The state fire marshal or any law enforcement officer as defined by section 12.1-01-04 may, in writing, require an insurance company at interest to release to the fire marshal or officer any or all relevant information or evidence deemed important which the company may have in its possession, relating to a fire loss when arson is suspected. This requirement is in addition to the information required to be reported by an insurance company under section 18-01-05.2.Relevant information may include, but is not limited to:a.Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy.b.Policy premium payment records which are available.c.History of previous claims made by the insured.d.Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.3.When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the state fire marshal, or a law enforcement officer as defined by section 12.1-01-04, and provide any or all material developed from the company's inquiry into the fire loss.Page No. 24.Any insurance company providing information to the state fire marshal or a law enforcement officer pursuant to this section has the right to request and receive relevant information from the state fire marshal or law enforcement officer within a reasonable time not to exceed thirty days.5.Any insurance company, person acting in its behalf, or authorized agency, that releases information pursuant to this section, whether written or oral, is immune from any liability arising out of the release of such information.6.For the purposes of this section, "immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this section when actual malice, on the part of the insurance company, person acting in its behalf, or authorized agency, against the insured is not present.7.The state fire marshal, any law enforcement officer, and any insurance company that receives any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. The state fire marshal and any law enforcement officer shall testify, if requested, in any litigation in which the insurance company at interest is named as a party.18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protectiondistricts must report fires. Within five days after the occurrence of any fire in which property in a city or rural fire protection district has been destroyed or damaged in an amount which exceeds twenty-five dollars, the fire chief of such city or rural fire protection district, if a fire department is maintained therein, or the auditor of the city or the secretary of the rural fire protection district, if a fire department is not maintained therein, shall report the cause, if known, and the origin and circumstances of the fire and the name of the owner and occupant of such property, to the state fire marshal. Such report must show whether such fire was the result of carelessness, accident, or design.The provisions of this section must be complied with, insofar as the same areapplicable, if the fire is of unknown origin, regardless of the amount of damage caused thereby.18-01-07. State fire marshal may direct investigation - Report of investigation -Records in state fire marshal's office. An investigation of each fire must be made by the officers required to report the occurrence of fires under section 18-01-06. The state fire marshal shall furnish blanks upon which reports of investigations of fires must be submitted and, when the state fire marshal deems it expedient or necessary, the state fire marshal may supervise and direct any of such investigations. Within one week after the occurrence of a fire, the officer investigating it shall furnish to the state fire marshal a written report containing a statement of the facts relating to the cause and origin of the fire and such other information as the state fire marshal may require. The state fire marshal shall keep in the state fire marshal's office a record of all fires occurring in the state together with the facts, circumstances, and statistics in connection therewith and showing the origin of such fires as the same may be determined from the reports filed in the state fire marshal's office.18-01-08. Compensation of fire chiefs and executive officers of municipalities forreporting to state fire marshal. There shall be paid to the chief of the fire department and to the auditor of each city, who does not receive fifty dollars or more annually as compensation for services as such and who is required by this chapter to report fires to the state fire marshal, a fee of one dollar and fifty cents for each fire reported to the satisfaction of the state fire marshal. The fire report fee required by this section must be paid only if the state fire marshal receives ten or more fire reports annually from a city's fire chief and auditor. Such fees shall be paid at the close of each fiscal year out of funds appropriated for that purpose by the legislative assembly.18-01-09.Investigation by state fire marshal - Complaint to state's attorney -Records of arson prosecutions. If any investigation made pursuant to the provisions of section 18-01-07 is insufficient in the opinion of the state fire marshal, the state fire marshal shall take or cause to be taken the sworn testimony of all persons having any means of knowledge in relation to the matter under investigation and shall cause the same to be reduced to writing. If the statePage No. 3fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, the state fire marshal shall cause said person to be arrested and charged with such an offense. The state fire marshal shall furnish to the state's attorney of the county in which the crime is alleged to have been committed the names of all witnesses obtained by the state fire marshal and a copy of all the pertinent and material testimony taken in the case. The state fire marshal shall keep a record of the proceedings in all prosecutions for arson and of the results in all cases in which a final disposition is made.18-01-10. State fire marshal and deputies may subpoena witnesses and records -Witness fees - Oaths - Certificates. The state fire marshal and the state fire marshal's deputies have the power in any county in the state to summon and compel the attendance of witnesses to testify in relation to any matter which is being investigated pursuant to the provisions of this chapter and to that end may administer an oath or affirmation to any person appearing as a witness before them.They may require the production of any pertinent books, papers, ordocuments, and a summons to appear before either of such officers must be served in the same manner and has the same effect as a subpoena in the district court. All witnesses shall receive the same compensation as is paid to witnesses in the district court, and such compensation must be paid out of the state fire marshal's arson hearing and building condemnation hearing fund upon a voucher signed by the state fire marshal or the deputy state fire marshal before whom any witnesses shall have attended, and approved by the office of the budget. At the close of an investigation to which any witnesses were subpoenaed, the officer conducting the investigation shall certify the attendance and mileage of such witnesses, which certificate must be filed in the office of the state fire marshal.18-01-11. Refusal of witness at state fire marshal's investigation to testify, producerecords, or obey order - Penalty. Any person summoned to be a witness at any investigation conducted by the state fire marshal or by a deputy state fire marshal under the provisions of this chapter is guilty of a class B misdemeanor who:1.Refuses to be sworn;2.Refuses to testify;3.Disobeys any lawful order of the state fire marshal or of any deputy state fire marshal relating to an investigation;4.Fails or refuses to produce any paper, book, or document touching any matter under investigation upon the order of the officer conducting the investigation; or5.Behaves contemptuously toward such officer.18-01-12.Testifying falsely at investigation of state fire marshal is perjury.Repealed by S.L. 1975, ch. 106, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

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18-01 State Fire Marshal Department