Title 36 — Title 36

Having Jurisdiction of Offenses. If the Fire Marshal shall be of the opinion that there is evidence sufficient to charge any person with an offense, he shall cause such person to be arrested and charged with such an offense as the evidence may warrant and shall furnish to the dis…

The Fire Marshal or his deputies may, each, in any county of this state, summon and compel the attendance of witnesses before them or either of them to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may r…

The Fire Marshal and his duly appointed deputies and assistants shall have the specific duty of enforcing the laws, regulations and ordinances of the state and the provisions of this article throughout the state in matters relating to: (1) Prevention of fires; (2) Storage, sale a…

(a) No person may lawfully manufacture a destructive device or bacteriological or biological weapon without first obtaining a permit from the office of the State Fire Marshal. The office of the State Fire Marshal shall adopt rules as necessary to implement this section including,…

The Fire Marshal or deputy fire marshal may make formal complaint of the act of such witness to the judge of any court of record of the county in which the investigation is being held; and, if it shall then appear that the witness is guilty of a violation of Section 36-19- 20, he…

Every person summoned and testifying before the Fire Marshal, his deputies or assistants shall receive from the funds for the maintenance of this department, on the certificate of the Fire Marshal for witness fees and mileage, such sum or sums as provided for witnesses testifying…

All local assistants not receiving a salary from the State of Alabama shall receive monthly on the audit of the Fire Marshal $.50 for each report of each separate fire reported to the Fire Marshal under the provisions of this article; provided, that the loss by such fire shall ex…

Every fire insurance company transacting business in this state shall report to the Fire Marshal, through the secretary or other representative of the insurance company, all fire losses on all property insured in such company within the state, showing the owner and occupant of th…

The Fire Marshal shall keep in his office a record of all fires occurring in this state and all the facts concerning same, including statistics as to the extent of such fires, the damage caused thereby, whether such losses were covered by insurance and, if so, in what amount. Suc…

The Fire Marshal shall annually, on or before April 1, transmit to the Governor a full report of his proceedings under this chapter and such statistics as he may wish to include therein for the year previous. He shall also recommend any amendments to the law which in his judgment…

Any person or persons or corporation failing to comply with the provisions of this article as to the requirements of the Fire Marshal shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $50.00 for each violation thereof. Histor…

All penalties or forfeitures collected under this article, unless otherwise provided, shall be placed in the General Fund of the State. History: (Acts 1919, No. 701, p. 1013, §15; Code 1923, §982; Acts 1939, No. 380, p. 505, §1; Code 1940, T. 55, §36; Act 2021-399, §1.)

The chief of the fire department, the chief of police or marshal of every incorporated city or town in which a fire department is established, the mayor of each incorporated town in which no fire department exists and the sheriffs of the several counties of the state shall be, by…

(a) For the purposes of this section, a “recreational park trailer” is a transportable unit that has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary fo…

(a) There is established in the State Treasury a special fund to be known as the State Fire Marshal’s Fund. All sums received by the State Fire Marshal’s Office through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature, includi…

(a) On a semiannual basis, the State Fire Marshal shall transfer from the State Fire Marshal’s Fund to the Alabama Firefighters Annuity and Benefit Fund established pursuant to Section 36-21-185, an amount equal to 5 percent of the fees collected by the State Fire Marshal during …

The Fire Marshal, his deputies or any of his assistants may at all hours enter any building or premises within this state for the purpose of making an investigation or inspection which under the provisions of this article he or they may deem necessary to be made. History: (Acts 1…

Nothing in Act 2021-476 shall eliminate or otherwise diminish the authority of the state Fire Marshal or his or her assistants, as defined by Section 36-19-3, or a local fire marshal to conduct property inspections. History: (Act 2021-476, §6.)

As used in this article, the word “insurer” shall have the same meaning ascribed to it as is in Section 27-13-20. History: (Acts 1979, No. 79-706, p. 1257, §1.)

Factual Information. The State Fire Marshal or personnel from any other authorized law enforcement agency charged with the responsibility of investigating a fire loss, may request any insurer investigating a fire loss of real or personal property to release any factual informatio…

If an insurer has reason to believe that a fire loss to its insured’s real or personal property was caused by other than accidental means, the insurer shall notify the State Fire Marshal or other appropriate law enforcement agency charged with the responsibility to investigate fi…

(a) In the absence of fraud or malice, no insurer, or person who furnishes information on its behalf, shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply info…

Any person violating the provisions of subsections (d), (e), (f) and (g) of Section 36-19-43 shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $100.00 nor more than $500.00. It shall not be considered a violation of this arti…

The assistants to the Fire Marshal provided for in Section 36-19-3 shall investigate the cause, origin and circumstance of every fire occurring in any municipality or place in this state by which property has been destroyed or damaged, to determine, so far as it is possible, whet…

Every fire occurring in the state shall be reported in writing to the Fire Marshal within 10 days after the occurrence of the same by the officer designated in Section 36-19-3 in whose jurisdiction such fire has occurred. Such report shall be in the form prescribed by the Fire Ma…

The Fire Marshal may, in addition to the provisions of Section 36-19-3, appoint any person or persons who may be known to him as being competent and skilled in making such inspections of buildings and their contents as deputy inspectors in this department. Such deputy inspectors …

The Fire Marshal shall keep on file in his office an itemized statement of all expenses incurred by his department. All vouchers issued therefor shall be submitted to the Comptroller for payment, which said vouchers shall be allowed and paid in the same manner as are other claims…

Etc., of Explosives, Etc., by Fire Marshal. The Fire Marshal, subject to the approval of the Commissioner of Insurance, shall make regulations for fire prevention and protection of any construction or building, exits or other safety measures and the keeping, storing, use, manufac…

Secretary of State by Probate Judge as to Notaries Appointed and Commissioned. Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §854; Code 1867, §1080; Code 1876, §1325; Code 1886, §1102; Code 1896, §3021; Code 1907, §5162; Code 1923, §9328; C…

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §§861, 862; Code 1867, §§1087, 1088; Code 1876, §§1334, 1335; Code 1886, §1109; Code 1896, §3029; Code 1907, §5170; Code 1923, §9246; Code 1940, T. 40, §10.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Acts 1949, No. 586, p. 913, § 1.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §855; Code 1867, §1081; Code 1876, §§1326, 1327; Code 1886, §1103; Code 1896, §3023; Code 1907, §5164; Code 1923, §9240; Code 1940, T. 40, §3.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §856; Code 1867, §1082; Code 1876, §1328; Code 1886, §1104; Code 1896, §3024; Code 1907, §5165; Code 1923, §9241; Code 1940, T. 40, §4; Acts 1987, No. 87-361, p. 523, §1.)

Issuance of Notary Commissions; Report to Secretary of State by Probate Judge as to Notaries Appointed and Commissioned. Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Acts 1943, No. 431, p. 400, §1; Acts 1963, No. 151, p. 525, §1; Acts 1976, No. 694, …

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Acts 1943, No. 431, p. 400, §2; Acts 1987, No. 87-361, p. 523, §1.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Acts 1943, No. 431, p. 400, §3.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §858; Code 1867, §1084; Code 1876, §1330; Code 1886, §1106; Code 1896, §3026; Code 1907, §5167; Code 1923, §9243; Code 1940, T. 40, §6.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §857; Code 1867, §1083; Code 1876, §1329; Code 1886, §1105; Code 1896, §3025; Code 1907, §5166; Code 1923, §9242; Code 1940, T. 40, §5.)

For purposes of this article, the following terms shall have the following meanings: (1) AUTHENTIC ACT. An instrument executed by a civil law notary referencing this article, which includes the particulars and capacities to act of transacting parties, a confirmation of the full t…

(a) The Secretary of State shall have the power to appoint civil law notaries and administer this article. (b) A civil law notary is authorized to issue brevets, minutes, and notarial deeds and thereby may authenticate or certify any document, transaction, event, condition, or oc…

The Secretary of State may adopt rules prescribing all of the following: (1) The form and content of authentic acts, oaths, acknowledgments, and signatures and seals or their legal equivalents. (2) Procedures for the permanent archiving of authentic acts, maintaining records of a…

Repealed by Act 2001-967, 2001 3rd Special Session, effective September 26, 2001. History: (Act 99-449, § 4.)

(a) The powers of civil law notaries include, but are not limited to, all of the powers of a notary public under the laws of this state. (b) This article shall not be construed as abrogating the provisions of any other act relating to notaries public, attorneys, or the practice o…

If certification of a civil law notary’s authority is necessary for a particular document or transaction, it must be obtained from the Secretary of State. Upon receipt of a written request from a civil law notary and the fee prescribed by the Secretary of State, the Secretary of …

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §863; Code 1867, §1090; Code 1876, §5065; Code 1886, §1113; Code 1896, §3033; Code 1907, §5174; Code 1923, §9250; Code 1940, T. 40, §14.)

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012. History: (Code 1852, §859; Code 1867, §1085; Code 1876, §1332; Code 1886, §1107; Code 1896, §3027; Code 1907, §5168; Code 1923, §9244; Code 1940, T. 40, §7.)

(a) A competent number of notaries public for the state at large shall be appointed and commissioned by the judges of probate of the several counties of the state and shall hold office for four years from the date of their commission. Notaries public shall perform all the acts an…

(a) For purposes of this section, the term “professional service” means any service or occupation that may be lawfully performed only pursuant to a license issued by a state court, state regulatory licensing board, or other similar agency, and the term “professional” refers to an…

(a) Notaries public shall give bond with sureties, obtained from an Alabama licensed producer of such bonds, to be approved by the judge of probate of the county of their residence, in the sum of fifty thousand dollars ($50,000), payable to the State of Alabama, and conditioned t…

(a) For the authentication of his or her official acts, each notary public shall provide a seal of office, which shall present, by its impression or stamp, the name, office, and the state for which he or she was appointed. (b) The form and content of any notarial act on an instru…