41-2162

41-2162. Deputy fire marshals and assistants;
appointment; duties; recovery of costs

A. The state fire marshal may, with the approval of the director:

1. Hire deputy fire marshals who shall have knowledge in the field of fire safety
and have at least five years' experience in fire safety and hire such other assistants
and employees as are necessary to properly discharge the duties imposed on the state fire
marshal pursuant to this article.

2. Appoint as assistant fire inspectors any of the fire chiefs of a city, town,
county, volunteer fire company or protective district or an employee of a private fire
service provider who meets the requirements of this section to act within their area of
jurisdiction or area of service or on the recommendation of the fire chief appoint other
assistant fire inspectors if needed to function within the jurisdiction.

3. Appoint other assistant fire inspectors who meet the requirements of this
section as are necessary in areas that are not under the jurisdiction of a fire chief
designated in paragraph 2 who may be employees of this state, the federal government or a
private fire service provider.

B. Assistant fire inspectors appointed pursuant to subsection A shall carry out
their duties only within the geographic areas assigned by the state fire marshal. When
designating assistant fire inspectors and when assigning geographic areas, the state fire
marshal shall give a preference to assigning assistant fire inspectors to the service
area covered by the municipal or private fire service provider where the assistant fire
inspector is employed.

C. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 are not
entitled to receive additional compensation for performing duties under this article,
except that an employee of a public or private fire service provider who acts as an
assistant fire inspector may charge fees to recover costs incurred in conducting
inspections or for the review of plans and inspections of property. Assistant fire
inspectors appointed under subsection A, paragraph 2 or 3 or fire inspectors appointed
pursuant to subsection E shall have attended fire inspector training by an entity that
meets nationally recognized standards and is approved by the state fire marshal.

D. An assistant fire inspector who is appointed pursuant to subsection A may
inspect property, issue notices of violation and enforce the jurisdiction's fire code.
An assistant fire inspector who is appointed pursuant to subsection A shall report all
actions taken to the state fire marshal in a manner prescribed by the state fire marshal.

E. A city, town or county may appoint a fire inspector from one or more public or
private fire service providers who service areas in the city, town or county to inspect
property. City, town or county fire inspectors may issue notices of violation and enforce
the fire code on behalf of the city, town or county within the respective service area of
the public or private fire service provider. A fire inspector shall report all actions
taken to the city, town or county manager. A fire inspector who is appointed pursuant to
this subsection is not entitled to receive additional compensation for performing duties
on behalf of the city, town or county, but may charge fees to recover the costs for
review of plans and the inspection of public or private premises.

F. The state fire marshal, deputy fire marshal, assistant fire inspectors or a fire
inspector who is appointed pursuant to this section may inspect buildings and premises in
response to an emergency call or at the request of the occupant of the public or private
property.

G. The amount of the fees charged by a fire inspector or an assistant fire
inspector shall be available at the office of the state fire marshal or the city, town or
county where the property is located.