TITLE 41

INSURANCE

CHAPTER 2

THE DEPARTMENT OF INSURANCE

41-254.  Powers and duties of state fire marshal — International fire code, enforcement and regulations — Reports. The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the director. The state fire marshal shall have the following powers and duties:

1.  To enforce the international fire code.

2.  To prescribe regulations in addition to the international fire code as adopted, which may be deemed necessary for the prevention of fires and protection of life and property, and such regulations are to be enforced by the state fire marshal.

3.  To make interpretations and rules of the intent of the various provisions of the international fire code as adopted.

4.  To adopt, rescind, modify or amend rules and regulations for the exercise of functional powers and duties.

5.  To transmit to the governor and legislature, on or before the 15th day of July of every year, a full report of proceedings under sections 41-253 through 41-269, Idaho Code, and such statistics as he may wish to include therein unless some other time for reporting is fixed by law, and such report shall be available to the public.

6.  To make recommendations for amendments to the international fire code to be submitted to the promulgating authority for its consideration.

7.  To have exclusive jurisdiction over single service integrated fire sprinkler systems. A "single service integrated fire sprinkler system" is defined as an integrated system of underground and overhead piping, valves and sprinklers used exclusively for fire protection purposes and designed in accordance with fire protection engineering standards, including the international fire code, beginning with the first connection to a public water system regardless of the existence or location of a back flow prevention device.

8.  No person shall be eligible to serve as state fire marshal unless he:

(a)  Has had at least twelve (12) years’ full-time paid experience with a state, city or county fire protection agency whose primary function is fire prevention and structural fire safety, including at least five (5) years’ experience in an administrative capacity as the chief agency officer; or

(b)  Holds a four (4) year college degree in one of the physical sciences and has had at least five (5) years’ full-time experience in fire protection and structural fire safety with a fire protection agency; or

(c)  Is a member of the American society of fire protection engineers.

History:

[(41-254) 1970, ch. 190, sec. 4, p. 547; am. 1974, ch. 39, sec. 45, p. 1023; am. and redesig. 1982, ch. 120, sec. 2, p. 338; am. 1993, ch. 43, sec. 1, p. 115; am. 1993, ch. 128, sec. 2, p. 323; am. 2002, ch. 86, sec. 6, p. 198.]