A. When the state fire marshal or the marshal's deputy, authorized officer or designated agent finds any violation of the rules issued in compliance with Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal's deputy, authorized officer or designated agent shall issue an order to the owner or the owner's agent to cease and desist such violations.
B. When there is found any violation of any statute or rules concerning flammable liquids, a cease and desist order shall be issued if the violation constitutes an immediate and distinct hazard to life or property, and any such violation shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). Each day such violation continues constitutes a separate offense.
History: Laws 1984, ch. 127, § 966; 2020, ch. 9, § 47.
The 2020 amendment, effective July 1, 2021, in Subsection A, added "state fire" preceding the first occurrence of "marshal", and after "compliance with", deleted "this article, he or they" and added "Chapter 59A, Article 52 NMSA 1978, the marshal or the marshal's deputy, authorized officer or designated agent".
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.