Title 18, Fires

As used in this chapter, the term "firefighter" means any person who is regularly entered on the payroll of the department serving on active duty and engaged in the hazards of firefighting. The term includes a probationary firefighter but does not include a substitute firefighter…

Any firefighter who is a member of the relief association established under chapter 18-05 may continue as a member of the relief association created by this chapter if the department of which the firefighter is a member has elected to come under the provisions of this chapter, an…

When any firefighter desires to become a member of the relief association provided by this chapter, that firefighter may apply in writing for membership to the association. The application must be made on a form supplied by the association and must be accompanied by the certifica…

The association may deny any applicant membership who is not physically and mentally sound. Additional requirements for entrance age, entrance fees, and annual dues may be prescribed in the bylaws of the association.

The officers of the relief association include a president and a vice president, both of whom must be elected from among members of the board of trustees, a secretary-treasurer, a board of trustees, and a finance committee. These officers must be elected in the manner and for the…

The amount received under section 18-04-05 by the city auditor in a city that has a paid fire department and a duly organized and incorporated firefighters relief association must be apportioned so that one-half must be placed in a fund to be disbursed by the governing body of th…

A city that has adopted a plan under this chapter shall fund from revenues derived from its general fund levy authority a sufficient amount for firefighters relief association contributions to equal a minimum of eight percent of the current annual salary of a first-class firefigh…

Each year in which the levy provided for in section 18-11-10 is made, immediately after April first and September first the proceeds of the levy, together with any interest and penalties collected thereon, must be forwarded by the county treasurer to the city auditor, and after c…

The officer in charge of the finances of the city shall deduct from the salary of each firefighter participating in the plan provided in this chapter an amount to be determined by the bylaws of the firefighters relief association but which may not be less than five percent of the…

The moneys received by the association must be kept in a trust fund known as the association state fund. The assets of the fund must be held in trust. No part of the assets of the fund may be used for or diverted to purposes other than for the exclusive benefit of the members, th…

The amounts paid into the relief association by the state, city, and employee's salary contribution and set aside in the association state fund must be appropriated and disbursed only for: 1. The payment of disability or service pensions to members of the association; 2. Pensions…

1. A monthly service pension must be paid to members of the association with the following qualifications: Percent of first-class Years of firefighter's monthly salary Years of age at on January first during year service retirement the pension is paid 20 50 40% 21 51 42% 22 52 44…

A member may, prior to retirement, purchase service credit for the time during each legislative session spent serving as a member of the legislative assembly while employed as a firefighter under this chapter. The member shall pay for this service credit an amount equal to the re…

Any member of the relief association who is unable, because of physical or mental disability, to perform the duties of a firefighter shall receive monthly a disability pension equal to fifty percent of the monthly salary of a first-class firefighter on January first of the year t…

When a service pensioner, disability pensioner, deferred pensioner, or an active member of a relief association dies leaving a surviving spouse to whom the deceased was married while an active member of the association, a child who was or children who were living while the deceas…

If at any time the relief association's actuary certifies that the balance of the association's fund, together with future contributions by active members and contributions by the state, or the city, or both, and earnings thereon, will be inadequate to provide future prescribed b…

1. The pension fund must be based upon actuarial tables and the association is authorized to engage an actuary for studies of the plan when deemed necessary by the association. 2. As required by section 401(a)(8) of the Internal Revenue Code; 26 U.S.C. 401(a)(8), no part of any b…

Each association shall adopt bylaws and regulations providing that in the event any member withdraws from employment in the department or ceases to be a member of the association, whether by death or otherwise, the member is entitled to a return of an amount which is not less tha…

Payments made or to be made by a firefighters relief association to any member of the pension roll is not subject to judgment, garnishment, execution, or other legal process. Persons entitled to such payments do not have the right to assign the same, and the association may not r…

The books and accounts of the secretary-treasurer of each firefighters relief association receiving funds under the provisions of this chapter must be examined pursuant to section 54-10-14. If the audit report discloses that the money, or any part of it, has been or is being expe…

The bylaws of the relief association shall provide for funeral benefits for its active or retired members not to exceed for each funeral twice the monthly salary of a first-class firefighter on January first of the year in which the member dies.

Notwithstanding any provision of this plan to the contrary, benefits payable under the plan are subject to the following: 1. A member's benefit may not commence later than April first of the calendar year following the latter of the calendar year in which the member attains age s…

If the retirement plan established under this chapter is terminated, the accrued benefits of each member immediately become one hundred percent vested and nonforfeitable to the extent funded.

With the consent of the governing body of the city involved, and in substitution for a pension payment schedule provided in section 18-11-15, a firefighters relief association may adopt a monthly service pension plan for members of the association as provided in this section. 1. …

With the consent of the governing body of the city involved, and in substitution for a pension payment schedule, disability pension provision, and survivor pension provision provided in sections 18-11-15, 18-11-16, 18-11-17, and 18-11-26, a firefighters relief association may ado…

The provisions of this chapter apply to the construction of all new school buildings, additions thereto, and remodeling of school buildings, both public and private, at either the elementary or secondary level and further apply to all instructional areas of all institutions of hi…

A public school building is defined as a building used wholly or in part as an instructional or recreational facility by students. A private school is defined as an educational institution which students attend in lieu of public school attendance.

Plans and specifications for all new public school buildings and for all additions to and remodeling of existing public school buildings must be submitted for approval to the state fire marshal, chief of the fire department or fire protection district with jurisdiction, and the s…

All plans and specifications for construction, except agricultural sheds and barns, the monetary worth of which is one hundred thousand dollars or more, must be prepared by and the construction administration and construction observation services supervised by architects or engin…

The state fire marshal and the chief of the fire department or fire protection district shall approve plans and specifications for school buildings before construction is started. It is the duty of the person that prepared the plans or the person that is supervising the construct…

The construction requirements for schools are those contained within the state building code as defined in section 54-21.3-03.

Fire alarm systems for school buildings must be installed in accordance with the rules set forth in North Dakota Administrative Code chapter 10-07-01.

A master valve must be provided in each room where there are three or more gas outlets. This valve must be conveniently located and easily distinguishable so that it may be readily closed when the room is not in use. If a room is not in use, the administrator's desk and the labor…

All electrical wiring and apparatus must be installed in accordance with the provisions of the state electrical law, rules, and regulations and local ordinances and the current edition of the National Electrical Code. Electrical plans and specifications must be reviewed by the st…

When an approved designated occupancy is changed during planning or construction to another occupancy, all of the fire protection requirements for the new occupancy must be complied with.

The following data must be used as reference and as an aid in the interpretation of this chapter: 1. State and local fire and building codes. 2. The National Electrical Code - national fire protection association. 3. The International Fire Code. 4. The national fire protection as…

In this chapter, unless the context otherwise requires: 1. "Agent" means any person authorized by the insurance commissioner to purchase or sell packages of cigarettes. 2. "Cigarette" means any roll for smoking made wholly or in part of tobacco and encased in any material except …

1. Except as provided in subsection 7, a cigarette may not be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarette has been tested in accordance with the test method and meets the performance standard specified i…

1. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with section 18-13-02 and each cigarette listed in the certification meets the performance standard set fort…

1. Cigarettes that are certified by a manufacturer in accordance with section 18-13-03 must be marked to indicate compliance with the requirements of section 18-13-02. The marking must be in eight-point type or larger and consist of: a. Modification of the product uniform product…

1. A manufacturer, wholesale dealer, agent, or any other person that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 18-13-02, for a first offense is subject to a civil penalty not to exceed ten thousand dollars for each sale …

1. The state fire marshal may adopt rules to implement this chapter. 2. The state tax commissioner in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under chapter 57-36, may inspect such cigarettes to determine if the …

The insurance commissioner and the state fire marshal may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes o…

This chapter does not prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of section 18-13-02 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person has taken…

Notwithstanding any other provision of law, home rule charter, or ordinance made under a home rule charter, a political subdivision may not enact or enforce any ordinance or regulation conflicting with any provision of this chapter or with any policy of this state expressed by th…

This compact for the prevention and control of wildland fires is entered into and enacted into law. The governor may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows: AR…