41-2196. State fire marshal cease and desist
order; enforcement procedures; violation; civil penalty
A. If the state fire marshal or his deputies have reasonable cause to believe that
any person has committed or is committing a violation of article 3 of this chapter, any
rule adopted pursuant to article 3 of this chapter or any order issued pursuant to
article 3 of this chapter, which does not constitute an immediate and apparent hazard to
life or property, the state fire marshal through the deputy director may issue and serve
upon the person by certified mail a cease and desist order.
B. If the violation does not constitute an immediate hazard to life or property,
the state fire marshal shall grant to the person whom he alleges to be in violation of
any rule or order a reasonable period of time, which in no event shall be less than five
days from the date of receipt of the notice, to comply with the order.
C. Upon the failure or refusal of a person to comply with a cease and desist order
issued by the deputy director pursuant to subsection A, the deputy director may file an
action in the superior court in the county in which the violation is alleged to have
occurred to enjoin the person from engaging in further acts in violation of the cease and
desist order. The court shall proceed as in other actions for preliminary injunction.
Any person found to be in contempt of an injunctive order of the court shall be assessed
a civil penalty of not more than one thousand dollars with each day of violation
constituting a separate contempt.
D. If the state fire marshal or the fire marshal's deputies have reasonable cause
to believe that any person has committed or is committing a violation of article 3 of
this chapter, any rule adopted pursuant to article 3 of this chapter or any order issued
pursuant to article 3 of this chapter which constitutes an immediate and apparent hazard
to life or property, the state fire marshal through the deputy director may either:
1. Issue and serve by personal service a cease and desist order, which order may
require immediate compliance. Upon failure of a person to comply with a cease and desist
order issued pursuant to this paragraph, the deputy director shall file an action in the
superior court in the county where the violation occurred to enjoin the person from
engaging in further acts in violation of the cease and desist order.
2. File an action in the superior court in the county in which the violation is
alleged to have occurred to enjoin a person from engaging in further acts in violation of
the rule or order without issuing a cease and desist order.
The court shall proceed as in other actions for preliminary injunction. Any person found
to be in contempt of an injunctive order of the court shall be assessed a civil penalty
of not more than one thousand dollars with each day of violation constituting a separate
contempt.
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