New Mexico Statutes
Article 52 - State Fire Marshal
Section 59A-52-1 - State fire marshal's office created; state fire marshal created.

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 investigations program; and
(4) fire code enforcement program.
History: Laws 1984, ch. 127, § 947; 1998, ch. 108, § 38; 2007, ch. 161, § 5; 2020, ch. 9, § 29.
Cross references. — For forest fire protection, see 68-2-8 NMSA 1978 et seq.
The 2020 amendment, effective July 1, 2021, created the state fire marshal's office in the Homeland Security and Emergency Management department; in the section heading, added "marshal's office created; state fire"; added a new Subsection A; in Subsection B, after "director of the", deleted "fire marshal division under the public regulation commission" and added "state fire marshal's office"; and added Subsection C.
The 2007 amendment, effective June 15, 2007, placed the fire marshal division under the public regulation commission.
The 1998 amendment, effective January 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fires § 4; 63A Am. Jur. 2d Public Officers and Employees §§ 93, 94.
Validity, construction, and application of the uniform fire code, 46 A.L.R.5th 479.
36A C.J.S. Fires §§ 17, 18.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 59A - Insurance Code

Article 52 - State Fire Marshal

Section 59A-52-1 - State fire marshal's office created; state fire marshal created.

Section 59A-52-1.1 - State fire marshal; appointment; powers and duties.

Section 59A-52-2 - State fire marshal to administer article.

Section 59A-52-3 - Deputy state fire marshal and other employees; qualifications of deputy.

Section 59A-52-4 - Bonding of employees.

Section 59A-52-5 - Cooperation with other agencies for prevention and control of fires.

Section 59A-52-6 - Fire protection training programs.

Section 59A-52-7 - Teaching fire prevention and control in public schools; rules for school building evacuation.

Section 59A-52-8 - Investigation of fire hazards; abatement.

Section 59A-52-9 - May enter upon premises.

Section 59A-52-10 - Investigation of fires and explosions; hearings; use of state police laboratory.

Section 59A-52-11 - Witnesses; per diem and mileage.

Section 59A-52-12 - Records of fires open to public.

Section 59A-52-13 - Transmittal of evidence indicating criminal acts.

Section 59A-52-14 - Appropriations.

Section 59A-52-14.1 - Firefighter training academy; use fee fund created.

Section 59A-52-15 - Fire prevention; public occupancies regulations.

Section 59A-52-15.1 - Fire and smoke damper and fire control systems; commission rules.

Section 59A-52-16 - Flammable liquids rules; nationwide standards; definition.

Section 59A-52-17 - Rules; public hearing.

Section 59A-52-19 - Police power of state fire marshal; cooperation of state officers.

Section 59A-52-20 - Cease and desist orders; certain violations are misdemeanors.

Section 59A-52-21 - Administrative appeal of orders and modifications.

Section 59A-52-22 - Judicial review of order.

Section 59A-52-23 - Enforcement of cease and desist orders.

Section 59A-52-24 - Penalty for violation of law or rules.

Section 59A-52-25 - Penalty for violation of cease and desist order.

Section 59A-52-26 - Volunteer firefighters; stipend.

Section 59A-52-27 - Fire services council created; membership.

Section 59A-52-27.1 - Fire services council; duties.