Title 20, Title 20: Internal Security and Public Safety

§ 2728. Director of Fire Safety There shall be a Director of Fire Safety, who shall be responsible for the operation and supervision of the Fire Safety Division of the Department of Public Safety. The Director shall report directly to the Commissioner and shall serve as a member …

§ 2729. General provisions (a) A person shall not build or cause to be built any structure that is unsafe or likely to be unsafe to other persons or property in case of fire or generation and leakage of carbon monoxide. (b) A person shall not maintain, keep, or operate any premis…

§ 2730. Definitions (a) As used in this subchapter, “public building” means: (1)(A) a building owned or occupied by a public utility, hospital, school, house of worship, convalescent center or home for elders or persons who have an infirmity or a disability, nursery, kindergarten…

§ 2731. Rules; inspections; variances (a) Rules. (1) The Commissioner is authorized to adopt rules regarding the construction of buildings, maintenance and operation of premises, and prevention of fires and removal of fire hazards, and to prescribe standards necessary to protect …

§ 2732. Historic Variance Appeals Board; variances, exemptions (a) The Historic Variance Appeals Board is created. The Board shall consist of the following three members: the Commissioner of Public Safety or designee, who shall be chair; the State Historic Preservation Officer or…

§ 2733. Orders to repair, rehabilitate, or remove structure (a) Whenever the Commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the Commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilit…

§ 2734. Penalties (a) A person who violates any provision of this subchapter or any order or rule issued pursuant to this subchapter shall be fined not more than $10,000.00. The State’s Attorney of the county in which the violation occurs shall prosecute the violation and may com…

§ 2735. State buildings The Commissioner shall establish a risk classification system for all State buildings. State buildings classified as high or medium risk shall be inspected at least every five years. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2011,…

§ 2736. Municipal enforcement (a) The legislative body of a municipality may appoint one or more trained and qualified officials and may establish procedures to enforce rules and standards adopted under subsection 2731(a) of this title. After considering the type of buildings wit…

§ 2737. Building permits Each municipality shall provide to the Commissioner upon request information regarding building permits issued by the municipality. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)

§ 2738. Fire Prevention and Building Inspection Special Fund (a) The Fire Prevention and Building Inspection Special Fund revenues shall be from the following sources: (1) fees relating to construction and inspection of public building and fire prevention inspections under sectio…

§ 2752. Smoking (a) A person who smokes a pipe, cigar, or cigarette in a mill, factory, barn, stable, or other outbuilding belonging to or occupied by another person, or in a public building in which a notice containing this section, prohibiting such smoking, signed by the owner,…

§ 2756. Purpose It is the intent of this subchapter to require that only reduced ignition propensity cigarettes be sold in Vermont. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce fires and related personal injury and property damage c…

§ 2757. Cigarettes; reduced ignition propensity (a) As used in this section: (1) “Cigarette” means any product that contains any amount of nicotine, irrespective of size, shape, or presence of other ingredients, and is intended to be burned or heated under ordinary conditions of …

§ 2799. Definitions As used in this subchapter: (1) “Explosive material” includes “explosives,” “explosive material,” “blasting agents,” and “detonators,” as defined in 18 U.S.C. § 841, as amended, and regulations promulgated pursuant to that section. (2) “Flammable material” mea…

§ 2800. Rules and standards The Commissioner may adopt rules and standards for explosion prevention, fire prevention, and public safety with respect to the safekeeping, storage, use, manufacturing, sale, handling, transportation, and other disposition of explosive materials, flam…

§ 2801. Seizure of materials Without warrant, the Commissioner, a member of the State Police, a sheriff, a deputy sheriff, a police officer, or a constable may seize materials held by a person in violation of rules adopted under this subchapter and hold the same subject to the or…

§ 2802. Orders After an inspection, the Commissioner may issue an appropriate order to remove or abate a condition dangerous to persons or property involving explosive materials, flammable materials, or hazardous materials. This order shall be served on the owner or occupant of t…

§ 2831. Investigations (a) The Fire Marshal and the Fire Marshal’s assistants are authorized to investigate the cause, origin, and circumstances of every fire within the State that causes injury to any person or that causes damage or loss of property in excess of $200.00. The Fir…

§ 2832. Time of investigation; supervision and direction An investigation pursuant to section 2831 of this subchapter shall be begun within five days after the occurrence of the fire or as soon thereafter as it appears that there is cause for an investigation. The Fire Marshal or…

§ 2833. Reports to Fire Marshal (a) The chief of a volunteer or paid fire department or, if there is no fire department, the selectboard chair of a town shall within five days of the occurrence of a fire within the jurisdiction that causes serious injury to any person or loss or …

§ 2835. Superior judge If a selectperson of a town or a mayor of a city is informed that a building, pile of wood, lumber, or bark, or any other property in the municipality, has been intentionally and maliciously set on fire or burned, a majority of the selectboard, or the mayor…

§ 2836. Inquiry and return Such magistrate shall make such inquiry and return as is provided in the case of inquest on the dead and the expenses thereof and the fees shall be paid in the same manner.

§ 2861. Generally When it may seem to be for the public good, the Fire Marshal shall personally visit and investigate any fire in accordance with the provisions of this chapter and shall be repaid for any related expenses out of the funds appropriated to the Division of Fire Safe…

§ 2862. Assistance of State’s Attorney in investigation Upon request of the Fire Marshal or the Deputy Fire Marshal, a State’s Attorney shall assist such officers in an investigation of a fire that in their opinion is of suspicious origin.

§ 2863. Entry on premises The Fire Marshal and his or her assistants, upon complaint duly made, shall have authority to enter, at all reasonable hours, into and upon all buildings and premises within their jurisdiction for the purposes of examination in the performance of their d…

§ 2864. Attendance of witnesses; production of documents The Fire Marshal and the Deputy Fire Marshal, or either of them, may summon and compel the attendance of witnesses to testify relative to any matter that is subject to an inquiry or investigation pursuant to the provisions …

§ 2865. Privacy of hearings All investigations held by or under the direction of the Fire Marshal or Deputy Fire Marshal may, in his or her discretion, be private. Persons other than those required to be present by the provisions of this chapter may be excluded from the place whe…

§ 2866. Testimony under oath When in his or her opinion further investigation is necessary, the Fire Marshal shall take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts or to have means of knowledge relating to any fire or matte…

§ 2867. Administration of oaths; perjury The Fire Marshal and Deputy Fire Marshal may each administer oaths and affirmations to any person appearing as a witness before them. A person who falsely swears in any matter or proceeding shall be deemed guilty of perjury and shall be pu…

§ 2868. Contempt A witness may be punished as for contempt of court who: (1) refuses to obey a summons of the Fire Marshal or Deputy Fire Marshal; or (2) refuses to be sworn or to testify; or (3) disobeys a lawful order of the Fire Marshal or Deputy Fire Marshal in relation to an…

§ 2869. Prosecution After making such investigation, if the Fire Marshal or Deputy Fire Marshal is of the opinion that there is probable cause to believe a person guilty of the crime of arson, or of an attempt to commit the crime of arson, or of a conspiracy to defraud, or any cr…

§ 2881. General provisions (a) A person shall not install or maintain a boiler or pressure vessel that is unsafe or likely to be unsafe to other persons or property. (b) A person shall not operate, cause to be operated, or permit to be operated any boiler or pressure vessel under…

§ 2882. Rules; installation standards (a) The Commissioner may adopt rules pertaining to boilers and pressure vessels, and standards to be observed, necessary for the safety and protection of the public, employees, and property. The Commissioner may provide for operating certific…

§ 2883. Boiler inspections (a) The Commissioner has authority to obtain specific information from boiler inspectors on forms that shall first be approved by the Commissioner. (b) The Commissioner may authorize qualified inspectors to conduct inspections under such rules as the Co…

§ 2884. Qualifications of inspectors (a) Examination. All boiler inspectors shall have passed the examination required by the National Board of Boiler and Pressure Vessel Inspectors, and hold annual certification from that Board. (b) Education. The Commissioner shall require each…

§ 2885. Penalties The Commissioner may assess penalties pursuant to section 2734 of this title against a person who violates this subchapter or any rule adopted under this subchapter. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005.)