A. For prevention and control of fires, pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the state fire marshal shall formulate, adopt and promulgate, and amend or revise rules for fire prevention and safe conduct or use of public occupancies and rules concerning the sale, servicing or use of fire safety, prevention, detection or 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 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.
B. The rules 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 shall allow reasonable provision under which facilities in service prior to the effective date of the rules and not in strict conformity therewith may be continued in service. Nonconforming facilities in service prior to the adoption of rules that are found by the state fire marshal to constitute a distinct hazard to life or property shall not be exempt from rules nor permitted to continue in service.
History: Laws 1984, ch. 127, § 961; 2020, ch. 9, § 42.
The 2020 amendment, effective July 1, 2021, in Subsection A, after "control of fires", added "pursuant to the State Rules Act", after the next occurrence of "state fire", deleted "board" and added "marshal", after "public occupancies", added "and rules concerning the sale, servicing or use of fire safety, prevention, detection or suppression equipment or materials", and after "municipal governments.", deleted the remainder of the subsection, which related to procedures for promulgating rules.
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.