Title 18, Fires
15 chapters · 153 sections in this title.
N.D.C.C. § 18-01-01 Appointment of state fire marshal - Appointment and salaries of deputies and assistants - Budget
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The insurance commissioner shall appoint the state fire marshal and supervise the operation of the state fire marshal department. The state fire marshal shall manage the state fire marshal department and shall perform the duties imposed on the state fire marshal by this chapter. …
N.D.C.C. § 18-01-02 Duties of state fire marshal and deputy state fire marshals
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The state fire marshal and deputy state fire marshals may enforce all the laws of the state providing for: 1. The prevention of fires. 2. The storage, sale, and use of combustibles, explosives, and fireworks. 3. The fire and life safety code compliance of hazardous materials. 4. …
N.D.C.C. § 18-01-03 Deputy state fire marshal to assist state fire marshal - Duties when state fire marshal absent
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Each deputy state fire marshal shall assist the state fire marshal, and in the event of a vacancy in the office of state fire marshal, or during the absence or disability of that officer, the chief deputy state fire marshal shall assume the duties of the office of state fire mars…
N.D.C.C. § 18-01-03.1 Inspections - Department of health and human services - Education
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1. The state fire marshal and the state fire marshal's deputies may perform fire safety inspections of those facilities required to be inspected under administrative rules of the department of health and human services. 2. The state fire marshal shall provide the department of he…
N.D.C.C. § 18-01-03.2 Delegation of authority
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The state fire marshal may delegate to the department of health and human services or any political subdivision the authority to conduct investigations, surveys, or inspections, and the authority to enforce compliance where violations are discovered, which become the responsibili…
N.D.C.C. § 18-01-04 Rules for prevention of fires to be issued
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The state fire marshal, under the supervision of the insurance commissioner, shall make rules not inconsistent with the provisions of this code for the prevention of fires and shall explain such rules fully to all state, county, and municipal boards and officers. All such rules m…
N.D.C.C. § 18-01-04.1 Educational programs - Provided by state fire marshal
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The state fire marshal has the authority to provide educational programs on the hazards of fire.
N.D.C.C. § 18-01-05 Insurance companies to report fire losses to state fire marshal
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Each insurer authorized to transact fire insurance business in this state is hereby required to report to the state fire marshal, either directly or through an approved agency, fire losses on property insured in the company, giving the name of the insured, the date of the fire, t…
N.D.C.C. § 18-01-05.1 Disclosure of information - Immunity - Confidentiality
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1. The state fire marshal or any law enforcement officer as defined by section 12.1-01-04 may, in writing, require an insurance company at interest to release to the fire marshal or officer any or all relevant information or evidence deemed important which the company may have in…
N.D.C.C. § 18-01-06 Fire chiefs and auditors or secretaries of cities and rural fire protection districts must report fires
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Within thirty days after the occurrence of any fire in which property in a city or rural fire protection district has been destroyed or damaged, an organization that is contracted by a political subdivision for fire protection or the fire chief of such city or rural fire protecti…
N.D.C.C. § 18-01-07 State fire marshal may direct investigation - Report of investigation - Records in state fire marshal's office
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An investigation of each fire must be made by the officers required to report the occurrence of fires under section 18-01-06. When the state fire marshal deems it expedient or necessary, the state fire marshal may supervise and direct any of such investigations. Within thirty day…
N.D.C.C. § 18-01-09 Investigation by state fire marshal - Complaint to bureau of criminal investigation - Records of arson prosecutions
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If any investigation made pursuant to the provisions of section 18-01-07 is insufficient in the opinion of the state fire marshal, the state fire marshal shall take or cause to be taken the sworn testimony of all persons having any means of knowledge in relation to the matter und…
N.D.C.C. § 18-01-10 State fire marshal and deputies may subpoena witnesses and records - Witness fees - Oaths - Certificates
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The state fire marshal and the state fire marshal's deputies have the power in any county in the state to summon and compel the attendance of witnesses to testify in relation to any matter which is being investigated pursuant to the provisions of this chapter and to that end may …
N.D.C.C. § 18-01-11 Refusal of witness at state fire marshal's investigation to testify, produce records, or obey order - Penalty
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Any person summoned to be a witness at any investigation conducted by the state fire marshal or by a deputy state fire marshal under the provisions of this chapter is guilty of a class B misdemeanor who: 1. Refuses to be sworn; 2. Refuses to testify; 3. Disobeys any lawful order …
N.D.C.C. § 18-01-13 Interfering with state fire marshal or deputies - Penalty
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Any person who interferes in any way with the state fire marshal or a deputy state fire marshal in the performance of that officer's duties is guilty of a class A misdemeanor.
N.D.C.C. § 18-01-14 Abatement of fire hazards
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If the state fire marshal, a deputy state fire marshal, or any other officer mentioned in section 18-01-06 finds a building or other structure which is subject to fire because of age or dilapidation, defective or poorly installed electrical wiring or equipment, defective chimneys…
N.D.C.C. § 18-01-15 Abatement of conditions dangerous to persons - Order - Failure to comply - Penalty
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If the state fire marshal or a deputy state fire marshal finds in any building or upon any premises any condition which is a danger or a menace to the safety of life and limb of the occupants of that building or of any adjacent building, such officer shall issue an order for the …
N.D.C.C. § 18-01-16 Order of abatement - To whom directed - Contents - How served - Service by publication
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An order of abatement must be in writing and must state concisely the grounds upon which it is based. It must be made against the owner, lessee, or occupant of the building or premises therein described and must be served personally or by registered or certified mail upon the per…
N.D.C.C. § 18-01-17 Appeal to state fire marshal from abatement order - Record made by state fire marshal
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If the owner, lessee, agent, or occupant of any building or premises described in an abatement order is aggrieved by such order and desires a hearing thereon, the person may complain or appeal in writing to the state fire marshal within five days from the service of the order, an…
N.D.C.C. § 18-01-18 Appeal from abatement order of state fire marshal
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If a person is aggrieved by a final order of the state fire marshal ordering an abatement after the hearing provided for in the preceding section, such person may appeal to the district court of the county in which the property is situated and to the supreme court from an adverse…
N.D.C.C. § 18-01-19 Noncompliance with order of abatement - Court proceeding - Title
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The state fire marshal, at any time after an abatement order has become final, may file a copy thereof in the office of the clerk of the district court of the county in which the premises affected by the order are situated and thereafter all proceedings with reference thereto are…
N.D.C.C. § 18-01-20 Service of order and notice - Contents of notice - Additional parties - Duty of insurance commissioner
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1. There must be served upon the owner, mortgagee, lessee, tenant, occupant, and other persons known to have or claim any interest in the premises described in the order of abatement a copy of the abatement order and a written notice stating: a. The title of the proceeding. b. Th…
N.D.C.C. § 18-01-21 Service of abatement order and notice by publication - Affidavit - Order
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Service of the abatement order and notice described in section 18-01-20 may be made by publication in the same manner as a summons is published in a civil action, upon the order of the district court having jurisdiction of the proceeding. The order for publication must be issued …
N.D.C.C. § 18-01-22 Appearance in court proceeding by parties in interest
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Any party having or claiming to have an interest in the premises described in the abatement order may appear and state the party's objections to said order in writing within twenty days after the service of the order and notice upon the party. After such period has expired, the c…
N.D.C.C. § 18-01-23 Time of hearing in district court - Notice to parties who have appeared
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The proceeding in the district court may be brought on for hearing and determination by the state fire marshal or by any other party thereto at any time after thirty days have elapsed after the completion of service upon all the parties appearing to be interested therein. In the …
N.D.C.C. § 18-01-24 Hearing in district court
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At the time set for the hearing in the district court, or as soon thereafter as practicable, the court shall hear and determine the issues raised by the abatement order and the objections thereto and shall make its findings of fact and conclusions of law therein as in other civil…
N.D.C.C. § 18-01-25 Conclusiveness of abatement order or of judgment on appeal therefrom
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The order of abatement made by the state fire marshal, if no appeal is taken therefrom, is conclusive upon all parties to whom notice of the order was given as provided in section 18-01-16. If an appeal was taken from such order, the judgment of the court on appeal is conclusive …
N.D.C.C. § 18-01-26 Judgment of district court and contents
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If the court finds that the order of the state fire marshal is just and proper, the judgment must provide for the enforcement thereof within such time and in such manner as must be therein designated. By said judgment or by an appropriate order based thereon, the court may direct…
N.D.C.C. § 18-01-27 Costs and disbursements - Enforcing order - Lien of costs - Payment of sheriff's fees
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Costs and disbursements may be taxed, allowed, and entered in the judgment of the court in a proceeding to enforce an abatement order made by the state fire marshal in the same manner as in other civil actions. If the sheriff or state fire marshal has incurred expenses in the enf…
N.D.C.C. § 18-01-28 Records in state fire marshal department open to inspection - Exception
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All records in the state fire marshal department must be public, except that the state fire marshal may withhold from the public any testimony, correspondence, or other matter secured in any investigation made under the provisions of this chapter.
N.D.C.C. § 18-01-29 Biennial report
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The state fire marshal may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.
N.D.C.C. § 18-01-30 State's attorneys to assist state fire marshal
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The state's attorney of any county, upon the request of the state fire marshal or the state fire marshal's deputies or assistants, shall assist such officers upon the investigation of any fire which, in their opinion, is of suspicious origin.
N.D.C.C. § 18-01-31 Compensation of officers performing services for state fire marshal department
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All officers not employees of the state fire marshal department who perform any services at the request of the state fire marshal or of a deputy state fire marshal shall receive the same fees as such officers are allowed for like services in proceedings in the district court.
N.D.C.C. § 18-01-32 Violation of duty by officers - Penalty
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Any officer referred to in this chapter who neglects to comply with any of the requirements of this chapter must be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each neglect or violation.
N.D.C.C. § 18-01-33 State fire marshal may adopt rules for explosives - Penalty
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The state fire marshal may adopt safety rules for the storage, sale, and use of combustibles and explosives, not otherwise provided by law. Any person who willfully refuses to comply with the safety rules adopted by the state fire marshal is guilty of a class B misdemeanor. Rules…