The state fire marshal is authorized to make investigations, or require the marshal's deputy to make investigations, and reports of existing conditions in the state that are fire hazards and to make reasonable orders for the alleviation of such situations as the marshal may deem necessary. If the orders of the marshal are not carried out by persons to whom they are directed, the marshal shall institute proper proceedings under municipal ordinances or state laws to require compliance with the orders, as the marshal may deem necessary.
History: Laws 1984, ch. 127, § 954; 2020, ch. 9, § 35.
The 2020 amendment, effective July 1, 2021, added "state fire" preceding "marshal".
Am. Jur. 2d, A.L.R. and C.J.S. references. — Municipal liability for negligent fire inspection and subsequent enforcement, 69 A.L.R.4th 739.
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.