45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO PUBLIC SAFETY; TRANSFERRING THE STATE FIRE MARSHAL AND THE FIREFIGHTER TRAINING ACADEMY TO THE DEPARTMENT OF PUBLIC SAFETY; 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 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:
"9-19-4. DEPARTMENT ESTABLISHED.--There is created in
the executive branch the "department of public safety". The
department shall be a cabinet department and shall [consist
of, but not be limited to, five program divisions and one
administrative division, as follows] include:
A. the New Mexico state police division;
B. the special investigations division;
C. the training and recruiting division;
D. the technical and emergency support division;
E. the administrative services division; [and]
F. the motor transportation division; and
G. the fire protection division, which shall include the state fire marshal and the firefighter training academy."
Section 3. 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] division
director of the [fire marshal bureau of the insurance] fire
protection division of the department of public safety."
Section 4. 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] secretary of
public safety, appoint or remove a deputy state fire marshal
and other employees to assist in the execution of the state
fire 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 5. 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] marshal 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, defection 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. 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 6. Section 59A-52-16 NMSA 1978 (being Laws 1984, Chapter 127, Section 962) is amended to read:
"59A-52-16. FLAMMABLE LIQUIDS [REGULATIONS] RULES--NATIONWIDE STANDARDS--SAVINGS CLAUSE--DEFINITION.--
A. The state fire [board] marshal shall formulate,
adopt and promulgate and amend or revise rules [and
regulations] for the safe vehicular transportation, storage,
handling and use of flammable and combustible liquids.
B. The rules [and regulations] shall be in keeping
with the latest generally recognized safety standards for
flammable and combustible liquids. Rules [and regulations] in
substantial conformity with the published standards of the
national fire protection association for vehicular
transportation, storage, handling and use of flammable and
combustible liquids shall be deemed to be in substantial
conformity with the generally accepted and recognized
standards of safety concerning the same subject matter.
C. The rules [and regulations] shall include
reasonable provisions 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.
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,
may not be excepted from [regulations] rules or permitted to
continue in service. For guidance in enforcement, the rules
[and regulations] may delineate those types of nonconformities
that should be considered distinctly hazardous and those
nonconformities [which] that should be evaluated in the light
of local conditions. If the need for compliance with [any] a
rule [or regulation] is conditioned on local factors, the
rules [and regulations] shall provide that reasonable notice
be given to the proprietor of the facility affected of the
intention to evaluate the need for compliance and of the time
and place at which he may appear and offer evidence thereon.
D. As used in [this article] Chapter 59A, Article
52 NMSA 1978, the term "flammable liquid" [shall mean any]
means a liquid having a flash point below one hundred [(100)]
degrees Fahrenheit, and "combustible liquid" [shall mean any]
means a liquid having a flash point at or above one hundred
[(100)] degrees Fahrenheit and below two hundred [(200)]
degrees Fahrenheit."
Section 7. 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 may appeal to the [commission] secretary
of public safety within ten days from the date of the service
of [such] the order. The [commission] secretary 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] secretary shall file [its] his decision and,
unless by [its] his 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 8. 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] secretary
of public safety 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 9. 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 shall promptly notify each [incorporated city, town,
village] municipality and county fire district affected of his
determination of needs, and [an incorporated city, town,
village] a municipality or county fire district may appeal
from the determination of the marshal 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 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. The certification by the [commission] secretary,
or by the marshal if no appeal is taken, shall be final and
binding on all concerned and not subject to any further
review."
Section 10. 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 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 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 11. 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 shall enforce the
Fireworks Licensing and Safety Act. All license applications
shall be submitted to the [office of the] state fire marshal.
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] marshal.
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. 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 [semi-annually] semiannually
on January 31 and July 31 of each year. Each [semi-annual]
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 appoint any commissioned law enforcement officer or duly appointed fire chief or his designee with approval from the local governing body required to carry out the provisions of that act.
D. The state fire [board] marshal shall formulate,
adopt, promulgate and amend or revise rules [and regulations]
for the safe handling of fireworks."
Section 12. 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 division of 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 training academy of the insurance division of the public regulation commission shall be binding on the fire protection 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 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 secretary of public safety.
Section 13. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.