The state fire marshal may employ with the consent of the secretary of homeland security and emergency management deputy state fire marshals and other employees to assist in the execution of the marshal's duties.
History: Laws 1984, ch. 127, § 949; 1998, ch. 108, § 40; 2007, ch. 161, § 6; 2020, ch. 9, § 30.
The 2020 amendment, effective July 1, 2021, substituted the chief of staff of the public regulation commission with the secretary of homeland security and emergency management for purposes of giving consent to the state fire marshal to employ deputies and other employees; and after "consent of the", deleted "chief of staff of the public regulation commission" and added "secretary of homeland security and emergency management".
The 2007 amendment, effective June 15, 2007, permitted the state fire marshal to employ deputy fire marshals and other employees with the consent of the chief of staff of the public regulation commission.
The 1998 amendment, effective January 1, 1999, inserted "state fire" in two places; substituted "may, with the approval of the commission" for "shall have the power to"; deleted "and to set their compensation, subject to state laws and regulations concerning classification and compensation of state employees" near the middle of the section; deleted "as herein provided" following "shall be" near the end of the section; deleted "person" following "experienced in fire" near the end; and deleted "who" following "have completed" near the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees § 509.
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.