The state fire marshal or the marshal's deputies or employees are authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state. The marshal is authorized to require reports from the marshal's deputies concerning all fires and explosions in their districts. For the purpose of such investigations, the marshal and the marshal's deputies or designated persons are authorized to conduct hearings, subpoena witnesses, take testimony and enter upon and examine any building or premises where any fire or explosion or attempt to cause a fire or explosion shall have occurred, or which at the time may be burning. The marshal or the marshal's deputies or designated persons shall also have the power to cause to be produced before them such papers as they may require in making such examination. In addition, the marshal or the marshal's deputies or designated persons may, in their discretion, take full control and custody of such buildings and premises, and place someone in charge of the building and premises as they may deem proper, until their examination and investigation is completed. For evaluation of the evidence, the marshal shall have access to the facilities and personnel of the department of public safety forensic laboratories bureau, and the executive head of the bureau shall cooperate fully with the marshal.
History: Laws 1984, ch. 127, § 956; 2020, ch. 9, § 37.
The 2020 amendment, effective July 1, 2021, after the first occurrence of "The", added "state fire" preceding "marshal", and after "personnel of the", deleted "state police laboratory" and added "department of public safety forensic laboratories bureau".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fires § 4.
Expert and opinion evidence as to cause or origin of fire, 88 A.L.R.2d 230.
Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.
36A C.J.S. Fires § 17.
Structure New Mexico Statutes
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-52-8 - 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.