State Fire Marshal

NMSA 1978 ch. 59A, art. 52

in effect

NMSA 1978, § 59A-52-1 State fire marshal's office created; state fire marshal created

59A-52-1. State fire marshal's office created; state fire marshal created A. The "state fire marshal's office" is created as a division under the homeland security and emergency management department. B. The position of "state fire marshal" is created as the director of the state fire marshal's office. C. The office consists of the: (1) firefighter training academy program; (2) fire service support program; (3) fire investigations program; and (4) fire code enforcement program. Laws 1984, ch. 127, § 947; 1998, ch. 108, § 38; 2007, ch. 161, § 5; 2020, ch. 9, § 29.

NMSA 1978, § 59A-52-1.1 State fire marshal; appointment; powers and duties

59A-52-1.1. State fire marshal; appointment; powers and duties A. The state fire marshal shall be appointed by the secretary of homeland security and emergency management. The state fire marshal shall be appointed solely on the basis of fitness to perform the duties of state fire marshal and without reference to political party affiliation. The state fire marshal shall be well versed in fire services, including structural fires, training, investigations and code enforcement, as well as administrative duties, including personnel, operating budgets and capital planning and expenditures. The state fire marshal shall have an understanding of insurance services office requirements, wildland firefighting and legislative advocacy. B. The state fire marshal shall be an at-will employee and is exempt from the federal Fair Labor Standards Act of 1938. C. The state fire marshal shall: (1) oversee and manage the state fire marshal's office and direct its activities; (2) promulgate rules pursuant to the State Rules Act relating to the state fire marshal's office and the fire services council; and (3) consider advice from the fire services council concerning the adoption of fire safety management policies of the state fire marshal's office. Laws 2020, ch. 9, § 52.

NMSA 1978, § 59A-52-2 State fire marshal to administer article

59A-52-2. State fire marshal to administer article The state fire marshal shall administer the provisions of Chapter 59A, Article 52 NMSA 1978. Laws 1984, ch. 127, § 948; 1998, ch. 108, § 39.

NMSA 1978, § 59A-52-3 Deputy state fire marshal and other employees; qualifications of deputy

59A-52-3. Deputy state fire marshal and other employees; qualifications of deputy 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. Laws 1984, ch. 127, § 949; 1998, ch. 108, § 40; 2007, ch. 161, § 6; 2020, ch. 9, § 30.

NMSA 1978, § 59A-52-4 Bonding of employees

59A-52-4. Bonding of employees The state fire marshal shall require the bonding of those employees whose duties in the marshal's opinion require such bonds and in an amount determined by the marshal. Laws 1984, ch. 127, § 950; 2020, ch. 9, § 31.

NMSA 1978, § 59A-52-5 Cooperation with other agencies for prevention and control of fires

59A-52-5. Cooperation with other agencies for prevention and control of fires The state fire marshal is authorized to cooperate with all other groups, organizations and agencies in this state or in other states in the collection, dissemination and evaluation of information, statistics and suggestions for prevention or control of fires. Laws 1984, ch. 127, § 951; 2020, ch. 9, § 32.

NMSA 1978, § 59A-52-6 Fire protection training programs

59A-52-6. Fire protection training programs The state fire marshal shall establish and conduct training programs throughout the state for demonstrating and teaching firefighters proper methods of preventing and extinguishing fires. Laws 1984, ch. 127, § 952; 2020, ch. 9, § 33.

NMSA 1978, § 59A-52-7 Teaching fire prevention and control in public schools; rules for school building evacuation

59A-52-7. Teaching fire prevention and control in public schools; rules for school building evacuation The state fire marshal shall prescribe reasonable rules and programs for the teaching to all schoolchildren in the state, whether in public or private schools, the proper methods of fire prevention and control. Such rules and programs shall be submitted to the public education department on or before August 1 of each year. Among other things, such rules and programs shall prescribe drills for evacuating school buildings. Laws 1984, ch. 127, § 953; 2020, ch. 9, § 34.

NMSA 1978, § 59A-52-8 Investigation of fire hazards; abatement

59A-52-8. Investigation of fire hazards; abatement 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. Laws 1984, ch. 127, § 954; 2020, ch. 9, § 35.

NMSA 1978, § 59A-52-9 May enter upon premises

59A-52-9. May enter upon premises The state fire marshal or the marshal's deputy, authorized officer or designated agent shall have authority at all normal hours of operation to enter in and upon all buildings and premises subject to Chapter 59A, Article 52 NMSA 1978 for the purpose of examination and inspection. Laws 1984, ch. 127, § 955; 2020, ch. 9, § 36.

NMSA 1978, § 59A-52-10 Investigation of fires and explosions; hearings; use of state police laboratory

59A-52-10. Investigation of fires and explosions; hearings; use of state police laboratory The state fire marshal or the marshal's deputies or employees are authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state. The marshal is authorized to require reports from the marshal's deputies concerning all fires and explosions in their districts. For the purpose of such investigations, the marshal and the marshal's deputies or designated persons are authorized to conduct hearings, subpoena witnesses, take testimony and enter upon and examine any building or premises where any fire or explosion or attempt to cause a fire or explosion shall have occurred, or which at the time may be burning. The marshal or the marshal's deputies or designated persons shall also have the power to cause to be produced before them such papers as they may require in making such examination. In addition, the marshal or the marshal's deputies or designated persons may, in their discretion, take full control and custody of such buildings and premises, and place someone in charge of the building and premises as they may deem proper, until their examination and investigation is completed. For evaluation of the evidence, the marshal shall have access to the facilities and personnel of the department of public safety forensic laboratories bureau, and the executive head of the bureau shall cooperate fully with the marshal. Laws 1984, ch. 127, § 956; 2020, ch. 9, § 37.

NMSA 1978, § 59A-52-11 Witnesses; per diem and mileage

59A-52-11. Witnesses; per diem and mileage Witnesses or persons subpoenaed pursuant to Chapter 59A, Article 52 NMSA 1978 shall be paid at per diem and mileage rates on the same bases and at the same rates as currently apply as to state employees in general. Laws 1984, ch. 127, § 957; 2020, ch. 9, § 38.

NMSA 1978, § 59A-52-12 Records of fires open to public

59A-52-12. Records of fires open to public The state fire marshal shall keep open to public inspection, at reasonable hours, all records of fires occurring within the state. Laws 1984, ch. 127, § 958; 2020, ch. 9, § 39.

NMSA 1978, § 59A-52-13 Transmittal of evidence indicating criminal acts

59A-52-13. Transmittal of evidence indicating criminal acts The state fire marshal shall furnish to the proper law enforcement officers any evidence that the marshal may discover in the marshal's investigations that indicates criminal acts. Laws 1984, ch. 127, § 959; 2020, ch. 9, § 40.

NMSA 1978, § 59A-52-14 Appropriations

59A-52-14. Appropriations For the purposes of Chapter 59A, Article 52 NMSA 1978, an appropriation to the homeland security and emergency management department shall be included in the general appropriation act of each legislature, the appropriation to be made from the fire protection fund, which funds are to be paid out by the secretary of finance and administration on vouchers signed by the secretary of homeland security and emergency management. Laws 1984, ch. 127, § 960; 2020, ch. 9, § 41.

NMSA 1978, § 59A-52-14.1 Firefighter training academy; use fee fund created

59A-52-14.1. Firefighter training academy; use fee fund created The "training academy use fee fund" is created in the state treasury. All fees received by the state fire marshal for use of the firefighter training academy and its services shall be deposited into the fund; provided that no fee shall be charged the state of New Mexico or any of its agencies, instrumentalities or political subdivisions; and provided further that each contract for services in which a fee is collected shall be entered into pursuant to a business plan that has been approved by the department of finance and administration and reviewed by the legislative finance committee. Balances in the fund shall be available for appropriation to the state fire marshal for paying the operating and capital expenses of the firefighter training academy. Earnings of the fund shall be credited to the fund, and the unexpended or unencumbered balance in the fund shall not revert to any other fund. Laws 2001, ch. 80, § 1; § 8-8-9.1, recompiled as § 59A-52-14.1 by Laws 2020, ch. 9, § 57.

NMSA 1978, § 59A-52-15 Fire prevention; public occupancies regulations

59A-52-15. Fire prevention; public occupancies regulations 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. Laws 1984, ch. 127, § 961; 2020, ch. 9, § 42.

NMSA 1978, § 59A-52-15.1 Fire and smoke damper and fire control systems; commission rules

59A-52-15.1. Fire and smoke damper and fire control systems; commission rules A. The public regulation commission shall issue rules requiring the inspection and testing of fire and smoke dampers and smoke control systems in accordance with national fire protection association standards in 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 or any political subdivision thereof or by municipal governments. B. The rules shall require that: (1) inspection and testing be conducted by the state or a political subdivision of the state with a fire and life safety enforcement program or other person possessing a fire life safety certification from a program accredited by the American national standards institute; and (2) the person conducting the inspection or test shall submit findings of noncompliance to the owner of the public occupancy and to the state fire marshal. Laws 2019, ch. 66, § 1.

NMSA 1978, § 59A-52-16 Flammable liquids rules; nationwide standards; definition

59A-52-16. Flammable liquids rules; nationwide standards; definition A. The state fire marshal shall adopt rules for the safe vehicular transportation, storage, handling and use of flammable and combustible liquids; provided that the state fire marshal shall not adopt any rule conflicting with the jurisdiction of the department of environment over the regulation of storage tanks pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978] or the Ground Water Protection Act [Chapter 74, Article 6B NMSA 1978]. B. The rules shall be in keeping with the latest generally recognized safety standards for flammable and combustible liquids. Rules in substantial conformity with the published standards of the national fire protection association for vehicular transportation, storage, handling and use of flammable and combustible liquids shall be deemed to be in substantial conformity with the generally accepted and recognized standards of safety concerning the same subject matter. C. The rules shall include reasonable provisions 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 the rules that are found by the state fire marshal to constitute a distinct hazard to life or property may not be excepted from the rules or permitted to continue in service. For guidance in enforcement, the rules may delineate those types of nonconformities that should be considered distinctly hazardous and those nonconformities that should be evaluated in light of local conditions. If the need for compliance with any rule is conditioned on local factors, the rules shall provide that reasonable notice be given to the proprietor of the facility affected of intention to evaluate the need for compliance and of the time and place at which the proprietor may appear and offer evidence thereon. D. As used in Chapter 59A, Article 52 NMSA 1978, the term "flammable liquid" means any liquid having a flash point below one hundred degrees Fahrenheit, and "combustible liquid" means any liquid having a flash point at or above one hundred degrees Fahrenheit and below two hundred degrees Fahrenheit. Laws 1984, ch. 127, § 962; 2001, ch. 325, § 1; 2020, ch. 9, § 43.

NMSA 1978, § 59A-52-17 Rules; public hearing

59A-52-17. Rules; public hearing No rule shall be adopted or revised under Section 59A-52-16 NMSA 1978 or made effective until after public hearing thereon, of which at least twenty days' written notice shall be given by certified mail to each motor carrier, producer, refiner, distributor or other person that shall have registered its name and mailing address with the state fire marshal as a party interested in such proceedings, and at which any such interested party may appear and present testimony. Every such notice shall contain a copy of each rule proposed for adoption or revision pursuant to such hearing. Laws 1984, ch. 127, § 963; 2020, ch. 9, § 44.

NMSA 1978, § 59A-52-18 Rules; statewide effect; reserved power of municipalities; training

59A-52-18. Rules; statewide effect; reserved power of municipalities; training A. The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall have uniform force and effect throughout the state and no municipality or subdivision shall enact or enforce any ordinances or rules inconsistent with the statewide rules promulgated pursuant to that article. Nothing in that article shall impair the power of any municipality to regulate the use of its land by zoning, building codes or restricted fire district rules, except as provided in Subsection B of this section. B. The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall: (1) not impose regulations on registered child care homes, licensed family child care homes or licensed group child care homes as defined in Section 9-29-2 NMSA 1978 that do not also apply to other private residences; (2) treat licensed child care centers as defined in Section 9-29-2 NMSA 1978 as a permitted by right use in all zones designated as commercial, mixed-use or multifamily residential; and (3) not impair the power of the early childhood education and care department to determine standards and regulate registered child care homes, licensed family child care homes or licensed group child care homes. C. The state fire marshal shall offer training to certified firefighters to assist with fire and fire safety inspections. D. As used in this section, "permitted by right" means a use that is designated as an allowed use within a zoning district and does not require conditional use approval, special exceptions or permits, variances or any other discretionary approval by the zoning authority beyond compliance with applicable standards of the zoning district. Laws 1984, ch. 127, § 964; 2020, ch. 9, § 45; 2026, ch. 62, § 5.

NMSA 1978, § 59A-52-19 Police power of state fire marshal; cooperation of state officers

59A-52-19. Police power of state fire marshal; cooperation of state officers A. The state fire marshal or the marshal's deputy, authorized officer or designated agent shall have full powers as peace officers to enforce the provisions of Chapter 59A, Article 52 NMSA 1978 and all rules issued pursuant to that article. B. The revenue officers and law enforcement officers of the state shall cooperate with the marshal or the marshal's deputy, authorized officer or designated agent whenever called upon by any of them for assistance in enforcing Chapter 59A, Article 52 NMSA 1978. Laws 1984, ch. 127, § 965; 2020, ch. 9, § 46.

NMSA 1978, § 59A-52-20 Cease and desist orders; certain violations are misdemeanors

59A-52-20. Cease and desist orders; certain violations are misdemeanors 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. Laws 1984, ch. 127, § 966; 2020, ch. 9, § 47.

NMSA 1978, § 59A-52-21 Administrative appeal of orders and modifications

59A-52-21. Administrative appeal of orders and modifications Any person aggrieved by any order of the state fire marshal or the marshal's deputy, authorized officer or designated agent may appeal to the fire services council within ten days from the date of the service of such order. The council shall hear such party within twenty days after receipt of an appeal request and shall give not less than ten days' written notice of the hearing. Within fifteen days after such hearing, the council shall file its decision and, unless by its authority the order is revoked or modified, the order shall be complied with within the time fixed in the decision, with such time to be not less than thirty days. Laws 1984, ch. 127, § 967; 1998, ch. 108, § 41; 2020, ch. 9, § 48.

NMSA 1978, § 59A-52-22 Judicial review of order

59A-52-22. Judicial review of order A person aggrieved by a decision of the state fire marshal may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. Laws 1984, ch. 127, § 968; 1998, ch. 55, § 69; 1999, ch. 265, § 72.

NMSA 1978, § 59A-52-23 Enforcement of cease and desist orders

59A-52-23. Enforcement of cease and desist orders After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The fire services council may likewise commence an action in the district court for Santa Fe county to enforce its decision rendered on appeal from the cease and desist order of the state fire marshal. Laws 1984, ch. 127, § 969; 1998, ch. 108, § 42; 2020, ch. 9, § 49.

NMSA 1978, § 59A-52-24 Penalty for violation of law or rules

59A-52-24. Penalty for violation of law or rules Violation of any of the provisions of Chapter 59A, Article 52 NMSA 1978 or of any of the rules lawfully enacted pursuant to that article shall constitute a misdemeanor for which the punishment shall be a fine of not more than five hundred dollars ($500). Each day any such violation continues shall constitute a separate offense. Laws 1984, ch. 127, § 970; 2020, ch. 9, § 50.

NMSA 1978, § 59A-52-25 Penalty for violation of cease and desist order

59A-52-25. Penalty for violation of cease and desist order Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues. The attorney general is empowered to bring a civil suit for the enforcement of this section on the relation of the state fire marshal. Laws 1984, ch. 127, § 971; 2020, ch. 9, § 51.

NMSA 1978, § 59A-52-26 Volunteer firefighters; stipend

59A-52-26. Volunteer firefighters; stipend To the extent consistent with the federal Fair Labor Standards Act of 1938 in order to maintain volunteer status, a volunteer firefighter may be paid a stipend by a public agency to perform the services for which the firefighter volunteered if: A. the stipend represents only actual expenses, reasonable benefits or a nominal fee; and B. the services are not the same type of services that the volunteer is employed to perform for the same public agency paying the stipend. Laws 2013, ch. 80, § 1.

NMSA 1978, § 59A-52-27 Fire services council created; membership

59A-52-27. Fire services council created; membership A. The "fire services council" is created to advise the state fire marshal's office on fire and emergency services policy. The council consists of ten members as follows: (1) the presiding officer or designee of each of the: (a) New Mexico fire chiefs association; (b) fire and emergency managers affiliate of New Mexico counties; (c) New Mexico state firefighters association; (d) New Mexico emergency medical technician association; (e) New Mexico fire marshals association; (f) metro fire chiefs association; and (g) New Mexico professional fire fighters association; (2) one person appointed by the governor; (3) one person appointed by the president pro tempore of the senate; and (4) one person appointed by the speaker of the house of representatives. B. The fire services council shall select from among its members a chair and vice chair, who shall serve one-year terms. No member shall serve as chair or vice chair for more than two consecutive years. C. The fire services council shall meet as frequently as necessary to conduct business or hold hearings but no less than four times per year. A majority of members of the council constitutes a quorum. D. Council members shall be reimbursed for their per diem and mileage expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall otherwise serve without compensation. E. The fire services council is subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] and the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Individual members of the fire services council are subject to the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978] and the Financial Disclosure Act [10-16A-1 to 10-16A-8 NMSA 1978]. F. An employee of the state fire marshal's office who serves as staff for the fire services council shall not reveal to any person, except another council staff person, any requests or statements disclosed in confidence by a council member, except that this restriction shall not apply to any disclosure that is: (1) protected pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978]; or (2) required by law. Laws 2020, ch. 9, § 53.

NMSA 1978, § 59A-52-27.1 Fire services council; duties

59A-52-27.1. Fire services council; duties The fire services council shall: A. review and comment on proposed changes in fire codes and the proposed budget of the state fire marshal's office; B. consider complaints regarding the performance of the state fire marshal's office and make recommendations to the state fire marshal; C. provide to the secretary of homeland security and emergency management a recommendation on the appointment of the state fire marshal; and D. hear administrative appeals of state fire marshal or deputy state fire marshal orders and modifications. Laws 2020, ch. 9, § 54.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18562/index.doFetched: 10/20/2026