The marshal has authority to promulgate, modify, amend and revoke from time to time rules, including those for mutual aid among and between fire departments; provided that no such rules shall allow any fire department to extend its service in any manner that would jeopardize the fire insurance rates within its municipality or county fire district, as the marshal may determine, in the marshal's discretion, to be necessary, advisable or proper to accomplish the objectives of the Fire Protection Fund Law. Among other things, these rules shall include, but not be limited to, a list of firefighting equipment, apparatus and other items that may properly be purchased by a municipality or by any county fire district from funds distributed from the fire protection fund, and standards of quality, construction and performance to be met by major firefighting appliances, training requirements, firefighting protective clothing and equipment standards, and by fire stations and substations, proposed to be purchased or constructed by a municipality or district from money distributed from the fire protection fund. All rules shall be filed and published as required by law. Rules of this nature heretofore promulgated by the superintendent and now in effect shall continue in effect until hereafter revoked or modified. Nothing in this section shall be construed to grant regulatory authority over the Volunteer Firefighters Retirement Act to the marshal.
History: Laws 1984, ch. 127, § 983; 1989, ch. 312, § 12; 2012, ch. 20, § 13.
The 2012 amendment, effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages" and "marshal" for the personal pronouns "he" and "his" throughout the section; after "rules", deleted "and regulations" throughout the section; and in the third sentence, at the beginning of the sentence, substituted "Rules" for "Regulations".
Structure New Mexico Statutes
Article 53 - Fire Protection Fund
Section 59A-53-1 - Short title.
Section 59A-53-2.1 - Definitions.
Section 59A-53-3 - Determination and certification of needs.
Section 59A-53-4 - Criteria for determination of needs; municipal fire department.
Section 59A-53-5 - Establishment of fire districts.
Section 59A-53-5.1 - Maximum amounts to be certified.
Section 59A-53-5.2 - Appropriations and transfers from the fire protection fund.
Section 59A-53-5.3 - Fire station and fire protection services across jurisdictional lines.
Section 59A-53-6 - Appeal and review of determination.
Section 59A-53-7 - Distribution of fire protection fund.
Section 59A-53-8 - Expenditure of fire protection fund money.
Section 59A-53-9 - Limitations on expenditures.
Section 59A-53-10 - Interest in land for fire stations or substations.
Section 59A-53-12 - Promulgation of rules.
Section 59A-53-13 - Liability for unauthorized expenditure.
Section 59A-53-14 - Closure of fire department.
Section 59A-53-16 - New fire departments.
Section 59A-53-17 - Mutual assistance.
Section 59A-53-18 - Fire protection grant fund; created; uses.