41-254. POWERS AND DUTIES OF STATE FIRE MARSHAL — INTERNATIONAL FIRE CODE, ENFORCEMENT AND REGULATIONS — REPORTS. The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the director. The state fire marshal shall have the following powers and duties:
1. To enforce the international fire code.
2. To prescribe regulations in addition to the international fire code as adopted, which may be deemed necessary for the prevention of fires and protection of life and property, and such regulations are to be enforced by the state fire marshal.
3. To make interpretations and rules of the intent of the various provisions of the international fire code as adopted.
4. To adopt, rescind, modify or amend rules and regulations for the exercise of functional powers and duties.
5. To transmit to the governor and legislature, on or before the 15th day of July of every year, a full report of proceedings under sections 41-253 through 41-269, Idaho Code, and such statistics as he may wish to include therein unless some other time for reporting is fixed by law, and such report shall be available to the public.
6. To make recommendations for amendments to the international fire code to be submitted to the promulgating authority for its consideration.
7. To have exclusive jurisdiction over single service integrated fire sprinkler systems. A "single service integrated fire sprinkler system" is defined as an integrated system of underground and overhead piping, valves and sprinklers used exclusively for fire protection purposes and designed in accordance with fire protection engineering standards, including the international fire code, beginning with the first connection to a public water system regardless of the existence or location of a back flow prevention device.
8. No person shall be eligible to serve as state fire marshal unless he:
(a) Has had at least twelve (12) years’ full-time paid experience with a state, city or county fire protection agency whose primary function is fire prevention and structural fire safety, including at least five (5) years’ experience in an administrative capacity as the chief agency officer; or
(b) Holds a four (4) year college degree in one of the physical sciences and has had at least five (5) years’ full-time experience in fire protection and structural fire safety with a fire protection agency; or
(c) Is a member of the American society of fire protection engineers.
History:
[(41-254) 1970, ch. 190, sec. 4, p. 547; am. 1974, ch. 39, sec. 45, p. 1023; am. and redesig. 1982, ch. 120, sec. 2, p. 338; am. 1993, ch. 43, sec. 1, p. 115; am. 1993, ch. 128, sec. 2, p. 323; am. 2002, ch. 86, sec. 6, p. 198.]
Structure Idaho Code
Chapter 2 - THE DEPARTMENT OF INSURANCE
Section 41-201 - DEPARTMENT OF INSURANCE.
Section 41-202 - DIRECTOR — APPOINTMENT — TERM — QUALIFICATIONS.
Section 41-203 - TERMS CONSTRUED.
Section 41-204 - DIRECTOR’S OATH AND BOND.
Section 41-205 - OFFICIAL SEAL.
Section 41-206 - DIVISIONS AND EMPLOYEES.
Section 41-207 - DELEGATION OF POWERS.
Section 41-208 - PROHIBITED INTERESTS, REWARDS.
Section 41-209 - PROFESSIONAL SERVICES.
Section 41-210 - GENERAL POWERS, DUTIES.
Section 41-212 - ORDERS, NOTICES.
Section 41-214 - RECORDS — REPRODUCTION — DESTRUCTION.
Section 41-215 - USE OF REPRODUCTIONS AND CERTIFIED COPIES AS EVIDENCE.
Section 41-216 - DIRECTOR’S ANNUAL REPORT.
Section 41-217 - PUBLICATIONS AUTHORIZED.
Section 41-218 - PUBLICATIONS — SALE.
Section 41-219 - EXAMINATION OF INSURERS.
Section 41-220 - EXAMINATION OF AGENTS, BROKERS, CONSULTANTS, MANAGERS, ADJUSTERS, PROMOTERS.
Section 41-221 - PLACE OF EXAMINATION.
Section 41-222 - EXAMINATION COOPERATION WITH OTHER STATES.
Section 41-224 - EXAMINATION — APPRAISAL OF ASSET.
Section 41-225 - OBSTRUCTION OF EXAMINATION — PENALTY.
Section 41-226 - EXAMINERS — QUALIFICATIONS.
Section 41-227 - EXAMINATION REPORT.
Section 41-228 - EXAMINATION EXPENSE.
Section 41-229 - WITNESSES AND EVIDENCE.
Section 41-230 - TESTIMONY COMPELLED — IMMUNITY FROM PROSECUTION.
Section 41-231 - HEARINGS AND APPEAL — SCOPE OF PROVISIONS.
Section 41-232 - HEARINGS IN GENERAL.
Section 41-234 - PLACE OF HEARING — ADMISSION OF PUBLIC.
Section 41-235 - NOTICE OF HEARING.
Section 41-236 - SHOW CAUSE NOTICE.
Section 41-237 - ADJOURNED HEARING.
Section 41-238 - NONATTENDANCE.
Section 41-240 - ORDER ON HEARING.
Section 41-247 - INQUIRY POWERS OF DIRECTOR.
Section 41-248 - INTERSTATE RELATIONS.
Section 41-253 - STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE.
Section 41-255 - DUTIES OF STATE FIRE MARSHAL.
Section 41-256 - ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE.
Section 41-257 - STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER.
Section 41-258 - REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL.
Section 41-259 - INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER.
Section 41-260 - APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION.
Section 41-263 - FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT.
Section 41-264 - INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING.
Section 41-265 - WITNESS FEES — CHARGE FOR SERVICE OF PROCESS.
Section 41-266 - ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE.
Section 41-268 - ARSON, FIRE AND FRAUD PREVENTION ACCOUNT.
Section 41-269 - LIBERAL CONSTRUCTION OF ACT.
Section 41-286 - UNIFORM CLAIMS PROCESSING.
Section 41-288 - RETALIATORY REQUIREMENT.
Section 41-290 - FRAUDULENT CLAIMS.
Section 41-292 - DISCLOSURE OF INFORMATION BY INSURERS.
Section 41-293 - INSURANCE FRAUD.
Section 41-294 - DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.
Section 41-295 - DUTIES OF THE INVESTIGATION SECTION.
Section 41-296 - CONFIDENTIALITY — COMPULSORY TESTIMONY.