18-01-01. Appointment of state fire marshal — Appointment and salaries of deputies and assistants — Budget.

The attorney general shall appoint the state fire marshal and supervise the operation of the state fire marshal department. The state fire marshal shall manage the state fire marshal department and shall perform the duties imposed on the state fire marshal by this chapter.

The state fire marshal shall appoint such deputies and other employees as the state fire marshal deems necessary to carry out this chapter within the limits of legislative appropriations.

Before entering upon their duties, the state fire marshal and each deputy appointed under this section shall take and subscribe the constitutional oath of office and file the oath in the office of the secretary of state.

The state fire marshal department must be operated in conjunction with the bureau of criminal investigation. The budget for the state fire marshal department must be submitted as part of the attorney general’s budget.

Source: S.L. 1913, ch. 169, § 1; C.L. 1913, § 201; S.L. 1931, ch. 147, § 1; 1937, ch. 131, § 1; R.C. 1943, § 18-0101; S.L. 1945, ch. 264, § 5; 1949, ch. 314, § 5; 1957 Supp., § 18-0101; S.L. 1967, ch. 162, § 1; 1981, ch. 246, § 1; 1999, ch. 113, § 5.

Cross-References.

Oath of office, see N.D. Const., art. XI, § 4.

State laboratories department and inspectors report to state fire marshal, see N.D.C.C. § 23-09-14.

18-01-02. Duties of state fire marshal and deputy state fire marshals.

The state fire marshal and deputy state fire marshals may enforce all the laws of the state providing for:

1. The prevention of fires.
2. The storage, sale, and use of combustibles and explosives.
3. The installation and maintenance of automatic or other fire alarms and fire extinguishing equipment.
4. The means and adequacy of exits in case of fires from all public and private elementary and secondary schools, from all public places, and from all other places in which fifty or more persons congregate from time to time for any purpose.
5. The suppression of arson and the investigation of the cause and origin of fires.
6. The education of the citizens of North Dakota through organized programs on the hazards of fire.

Source: S.L. 1913, ch. 169, § 2; C.L. 1913, § 202; R.C. 1943, § 18-0102; S.L. 1983, ch. 249, § 1; 1995, ch. 212, § 1; 1997, ch. 165, § 3.

Cross-References.

Combustible or explosive material, storage in municipality, see N.D.C.C. § 40-05-01.

Explosives, rules and regulations governing, see N.D.C.C. § 18-01-33.

Fire escapes in hotels, see N.D.C.C. §§ 23-09-03 to 23-09-08.

18-01-03. Deputy state fire marshal to assist state fire marshal — Duties when state fire marshal absent.

Each deputy state fire marshal shall assist the state fire marshal, and in the event of a vacancy in the office of state fire marshal, or during the absence or disability of that officer, the chief deputy state fire marshal shall assume the duties of the office of state fire marshal.

Source: S.L. 1913, ch. 169, § 3; C.L. 1913, § 203; R.C. 1943, § 18-0103.

18-01-03.1. Inspections — Department of human services — Education. [Effective through August 31, 2022]

1. The state fire marshal and the state fire marshal’s deputies may perform fire safety inspections of those facilities required to be inspected under administrative rules of the department of human services. The state fire marshal shall charge a fee not to exceed fifty dollars for conducting these fire safety inspections in an amount determined by administrative rules adopted by the state fire marshal. Inspection fees received by the state fire marshal must be deposited into the attorney general’s operating fund.
2. The state fire marshal shall provide the department of human services and designees of the fire marshal education regarding the fire safety requirements of licensed early childhood program premises, including smoke detector and carbon monoxide alarm requirements.

Source: S.L. 1987, ch. 70, § 12; 2019, ch. 181, § 1, effective August 1, 2019.

18-01-03.1. Inspections — Department of health and human services — Education. [Effective September 1, 2022]

1. The state fire marshal and the state fire marshal’s deputies may perform fire safety inspections of those facilities required to be inspected under administrative rules of the department of health and human services. The state fire marshal shall charge a fee not to exceed fifty dollars for conducting these fire safety inspections in an amount determined by administrative rules adopted by the state fire marshal. Inspection fees received by the state fire marshal must be deposited into the attorney general’s operating fund.
2. The state fire marshal shall provide the department of health and human services and designees of the fire marshal education regarding the fire safety requirements of licensed early childhood program premises, including smoke detector and carbon monoxide alarm requirements.

Source: S.L. 1987, ch. 70, § 12; 2019, ch. 181, § 1, effective August 1, 2019; 2021, ch. 352, § 76, effective September 1, 2022.

18-01-03.2. Delegation of authority. [Effective through August 31, 2022]

The state fire marshal may delegate to the state department of health or any political subdivision the authority to conduct investigations, surveys, or inspections, and the authority to enforce compliance where violations are discovered, which become the responsibility of the state department of health or political subdivision and otherwise would be the responsibility of the state fire marshal. Any delegation to the state department of health is limited to authority over basic care facilities. Any political subdivision that meets the state fire marshal’s minimum standard requirements may be delegated authority under this section. A political subdivision may refuse the delegation.

Source: S.L. 1995, ch. 212, § 2.

18-01-03.2. Delegation of authority. [Effective September 1, 2022]

The state fire marshal may delegate to the department of health and human services or any political subdivision the authority to conduct investigations, surveys, or inspections, and the authority to enforce compliance where violations are discovered, which become the responsibility of the department of health and human services or political subdivision and otherwise would be the responsibility of the state fire marshal. Any delegation to the department of health and human services is limited to authority over basic care facilities. Any political subdivision that meets the state fire marshal’s minimum standard requirements may be delegated authority under this section. A political subdivision may refuse the delegation.

Source: S.L. 1995, ch. 212, § 2; 2021, ch. 352, § 77, effective September 1, 2022.

18-01-04. Rules for prevention of fires to be issued.

The state fire marshal, under the supervision of the attorney general, shall make rules not inconsistent with the provisions of this code for the prevention of fires and shall explain such rules fully to all state, county, and municipal boards and officers. All such rules must be posted in such conspicuous places as will tend to be of the greatest benefit to the residents of the state, and when called upon, the state fire marshal or one of the state fire marshal’s assistants shall appear before any public board and explain the benefits derived from compliance with such rules and regulations in the reduction of hazardous conditions and loss by fire.

Source: S.L. 1913, ch. 169, § 15; C.L. 1913, § 215; S.L. 1931, ch. 147, § 4; 1937, ch. 131, § 3; R.C. 1943, § 18-0104; S.L. 1967, ch. 162, § 2.

Collateral References.

Validity, construction, and application of the Uniform Fire Code, 46 A.L.R.5th 479.

18-01-04.1. Educational programs — Provided by state fire marshal.

The state fire marshal has the authority to provide educational programs on the hazards of fire.

Source: S.L. 1983, ch. 249, § 2.

18-01-05. Insurance companies to report fire losses to state fire marshal.

Each insurer authorized to transact fire insurance business in this state is hereby required to report to the state fire marshal, either directly or through an approved agency, fire losses on property insured in the company, giving the name of the insured, the date of the fire, the amount of loss, the loss paid, the character of the property destroyed or damaged, and the supposed cause of the fire. Provided, however, the state fire marshal may waive the reporting of such losses which are deemed unimportant because of the small amount involved to the end that a saving in time and expense will result. This report must be mailed or sent as an electronic record to the state fire marshal as soon as possible after notice of loss is received by the company. This report must be in addition to, and not in lieu of, any report the company may be required to make by any law of this state to the insurance commissioner.

Source: S.L. 1913, ch. 169, § 11; C.L. 1913, § 211; R.C. 1943, § 18-0105; S.L. 1955, ch. 161, § 1; 1957 Supp., § 18-0105; S.L. 1959, ch. 189, § 1; 1967, ch. 162, § 3; 2019, ch. 182, § 1, effective August 1, 2019.

18-01-05.1. Disclosure of information — Immunity — Confidentiality.

1. The state fire marshal or any law enforcement officer as defined by section 12.1-01-04 may, in writing, require an insurance company at interest to release to the fire marshal or officer any or all relevant information or evidence deemed important which the company may have in its possession, relating to a fire loss when arson is suspected. This requirement is in addition to the information required to be reported by an insurance company under section 18-01-05.
2. Relevant information may include, but is not limited to:
   1. Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy.
   2. Policy premium payment records which are available.
   3. History of previous claims made by the insured.
   4. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
3. When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the state fire marshal, or a law enforcement officer as defined by section 12.1-01-04, and provide any or all material developed from the company’s inquiry into the fire loss.
4. Any insurance company providing information to the state fire marshal or a law enforcement officer pursuant to this section has the right to request and receive relevant information from the state fire marshal or law enforcement officer within a reasonable time not to exceed thirty days.
5. Any insurance company, person acting in its behalf, or authorized agency, that releases information pursuant to this section, whether written or oral, is immune from any liability arising out of the release of such information.
6. For the purposes of this section, “immune” means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this section when actual malice, on the part of the insurance company, person acting in its behalf, or authorized agency, against the insured is not present.
7. The state fire marshal, any law enforcement officer, and any insurance company that receives any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. The state fire marshal and any law enforcement officer shall testify, if requested, in any litigation in which the insurance company at interest is named as a party.

Source: S.L. 1979, ch. 278, § 1; 1983, ch. 250, § 1; 1985, ch. 330, § 1; 1995, ch. 212, § 3.

18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protection districts must report fires.

Within thirty days after the occurrence of any fire in which property in a city or rural fire protection district has been destroyed or damaged, an organization that is contracted by a political subdivision for fire protection or the fire chief of such city or rural fire protection district, if a fire department is maintained therein, or the auditor of the city or the secretary of the rural fire protection district, if a fire department is not maintained therein, shall report the cause, if known, and the origin and circumstances of the fire and the name of the owner and occupant of such property, to the state fire marshal. Reports shall be submitted in a form compliant and compatible with the national fire incident reporting requirements. Such report must show whether such fire was the result of carelessness, accident, or design. The provisions of this section must be complied with, insofar as the same are applicable, if the fire is of unknown origin, regardless of the amount of damage caused thereby.

Source: S.L. 1913, ch. 169, § 4, subss. a, b; C.L. 1913, § 204, subss. a, b; R.C. 1943, § 18-0106; S.L. 1965, ch. 163, § 1; 1967, ch. 323, § 28; 2017, ch. 159, § 1, effective August 1, 2017; 2019, ch. 182, § 2, effective August 1, 2019.

18-01-07. State fire marshal may direct investigation — Report of investigation — Records in state fire marshal’s office.

An investigation of each fire must be made by the officers required to report the occurrence of fires under section 18-01-06. The state fire marshal shall furnish blanks upon which reports of investigations of fires must be submitted and, when the state fire marshal deems it expedient or necessary, the state fire marshal may supervise and direct any of such investigations. Within one week after the occurrence of a fire, the officer investigating it shall furnish to the state fire marshal a written report containing a statement of the facts relating to the cause and origin of the fire and such other information as the state fire marshal may require. The state fire marshal shall keep in the state fire marshal’s office a record of all fires occurring in the state together with the facts, circumstances, and statistics in connection therewith and showing the origin of such fires as the same may be determined from the reports filed in the state fire marshal’s office.

Source: S.L. 1913, ch. 169, § 4, subss. b, c; C.L. 1913, § 204, subss. b, c; R.C. 1943, § 18-0107.

18-01-08. Compensation of fire chiefs and executive officers of municipalities for reporting to state fire marshal. [Repealed]

Source: S.L. 1913, ch. 169, §§ 22, 23; C.L. 1913, §§ 222, 223; R.C. 1943, § 18-0108; S.L. 1967, ch. 323, § 29; 1991, ch. 220, § 1; repealed by 2019, ch. 182, § 8, effective August 1, 2019.

18-01-09. Investigation by state fire marshal — Complaint to state’s attorney — Records of arson prosecutions.

If any investigation made pursuant to the provisions of section 18-01-07 is insufficient in the opinion of the state fire marshal, the state fire marshal shall take or cause to be taken the sworn testimony of all persons having any means of knowledge in relation to the matter under investigation and shall cause the same to be reduced to writing. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, the state fire marshal shall cause said person to be arrested and charged with such an offense. The state fire marshal shall furnish to the state’s attorney of the county in which the crime is alleged to have been committed the names of all witnesses obtained by the state fire marshal and a copy of all the pertinent and material testimony taken in the case. The state fire marshal shall keep a record of the proceedings in all prosecutions for arson and of the results in all cases in which a final disposition is made.

Source: S.L. 1913, ch. 169, § 5; C.L. 1913, § 205; R.C. 1943, § 18-0109.

Cross-References.

Arson, see N.D.C.C. § 12.1-21-01.

18-01-10. State fire marshal and deputies may subpoena witnesses and records — Witness fees — Oaths — Certificates.

The state fire marshal and the state fire marshal’s deputies have the power in any county in the state to summon and compel the attendance of witnesses to testify in relation to any matter which is being investigated pursuant to the provisions of this chapter and to that end may administer an oath or affirmation to any person appearing as a witness before them. They may require the production of any pertinent books, papers, or documents, and a summons to appear before either of such officers must be served in the same manner and has the same effect as a subpoena in the district court. All witnesses shall receive the same compensation as is paid to witnesses in the district court, and such compensation must be paid out of the state fire marshal’s arson hearing and building condemnation hearing fund upon a voucher signed by the state fire marshal or the deputy state fire marshal before whom any witnesses shall have attended, and approved by the office of the budget. At the close of an investigation to which any witnesses were subpoenaed, the officer conducting the investigation shall certify the attendance and mileage of such witnesses, which certificate must be filed in the office of the state fire marshal.

Source: S.L. 1913, ch. 169, § 5, subss. a, b; C.L. 1913, § 205, subss. a, b; R.C. 1943, § 18-0110.

Cross-References.

Compensation of witnesses, see N.D.C.C. § 31-01-16.

Collateral References.

Expert and opinion evidence as to cause or origin of fire, 88 A.L.R.2d 230.

18-01-11. Refusal of witness at state fire marshal’s investigation to testify, produce records, or obey order — Penalty.

Any person summoned to be a witness at any investigation conducted by the state fire marshal or by a deputy state fire marshal under the provisions of this chapter is guilty of a class B misdemeanor who:

1. Refuses to be sworn;
2. Refuses to testify;
3. Disobeys any lawful order of the state fire marshal or of any deputy state fire marshal relating to an investigation;
4. Fails or refuses to produce any paper, book, or document touching any matter under investigation upon the order of the officer conducting the investigation; or
5. Behaves contemptuously toward such officer.

Source: S.L. 1913, ch. 169, § 5, subs. c; C.L. 1913, § 205, subs. c; R.C. 1943, § 18-0111; S.L. 1975, ch. 106, § 155.

18-01-12. Testifying falsely at investigation of state fire marshal is perjury. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

18-01-13. Interfering with state fire marshal or deputies — Penalty.

Any person who interferes in any way with the state fire marshal or a deputy state fire marshal in the performance of that officer’s duties is guilty of a class A misdemeanor.

Source: S.L. 1913, ch. 169, § 6; C.L. 1913, § 206; R.C. 1943, § 18-0113; S.L. 1975, ch. 106, § 156.

18-01-14. Abatement of fire hazards.

If the state fire marshal, a deputy state fire marshal, or any other officer mentioned in section 18-01-06 finds a building or other structure which is subject to fire because of age or dilapidation, defective or poorly installed electrical wiring or equipment, defective chimneys, gas connections, or apparatus, or for any other reason, and is so situated as to endanger other buildings or property, such officer shall order such buildings to be repaired or torn down or all dangerous conditions therein to be remedied or abated. If the officer finds in a building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, or gasoline, or any condition which is dangerous to the safety of such building or property, the officer shall order such material removed or such dangerous condition remedied or abated. Any owner, agent, lessee, or occupant of a building or premises upon which a condition described in this section is found and upon whom an order of abatement is served shall comply with such order within the time therein limited.

Source: S.L. 1913, ch. 169, § 6; C.L. 1913, § 206; R.C. 1943, § 18-0114.

18-01-15. Abatement of conditions dangerous to persons — Order — Failure to comply — Penalty.

If the state fire marshal or a deputy state fire marshal finds in any building or upon any premises any condition which is a danger or a menace to the safety of life and limb of the occupants of that building or of any adjacent building, such officer shall issue an order for the immediate removal or correction of the dangerous condition. Any owner, agent, or occupant upon whom an order of abatement issued under this section is served, who fails to comply with the order within the time specified therein, is guilty of a class B misdemeanor, and is guilty of a class A misdemeanor upon a second or subsequent offense.

Source: S.L. 1913, ch. 169, § 7; C.L. 1913, § 207; R.C. 1943, § 18-0115; S.L. 1957, ch. 162, § 1; 1957 Supp., § 18-0115; S.L. 1975, ch. 106, § 157.

18-01-16. Order of abatement — To whom directed — Contents — How served — Service by publication.

An order of abatement must be in writing and must state concisely the grounds upon which it is based. It must be made against the owner, lessee, or occupant of the building or premises therein described and must be served personally or by registered or certified mail upon the person therein named or that person’s agent. If the owner of such premises is not a resident of this state, and if such premises are unoccupied, or if the owner of the premises has no known address, the order of abatement must be served by the publication of the same for three successive weeks in the official newspaper of the county in which the premises described in the order are situated, and the order must be deemed to have been served upon the date of the last publication.

Source: S.L. 1913, ch. 169, §§ 6, 10; C.L. 1913, §§ 206, 210; S.L. 1919, ch. 74, § 1; 1925 Supp., § 207a1; R.C. 1943, § 18-0116.

18-01-17. Appeal to state fire marshal from abatement order — Record made by state fire marshal.

If the owner, lessee, agent, or occupant of any building or premises described in an abatement order is aggrieved by such order and desires a hearing thereon, the person may complain or appeal in writing to the state fire marshal within five days from the service of the order, and the state fire marshal shall investigate said complaint immediately. The state fire marshal shall fix a time, not less than five days nor more than ten days thereafter, and a place when and where the state fire marshal will hear the complaint. The state fire marshal at said hearing shall make a complete record of the proceedings and may affirm, modify, revoke, or vacate the order, and unless the order is revoked, modified, or vacated, it must remain in force and be complied with by such owner, lessee, agent, or occupant within the time fixed in said order or within such time as may be fixed by the state fire marshal at said hearing unless an appeal is taken from the order.

Source: S.L. 1913, ch. 169, § 8; C.L. 1913, § 208; R.C. 1943, § 18-0117.

18-01-18. Appeal from abatement order of state fire marshal.

If a person is aggrieved by a final order of the state fire marshal ordering an abatement after the hearing provided for in the preceding section, such person may appeal to the district court of the county in which the property is situated and to the supreme court from an adverse decision of the district court. Such appeals must be governed by the provisions of chapter 28-32, except that an appeal to the district court must be taken within ten days after the entry of the final order complained of, and an appeal to the supreme court must be taken within thirty days after notice of entry of the judgment.

Source: S.L. 1913, ch. 169, § 9; C.L. 1913, § 209; R.C. 1943, § 18-0118.

18-01-19. Noncompliance with order of abatement — Court proceeding — Title.

The state fire marshal, at any time after an abatement order has become final, may file a copy thereof in the office of the clerk of the district court of the county in which the premises affected by the order are situated and thereafter all proceedings with reference thereto are within the jurisdiction of said court. The proceeding in the district court must be entitled in the matter of the order of the state fire marshal concerning the premises therein affected.

Source: S.L. 1919, ch. 74, § 2; 1925 Supp., § 207a2; R.C. 1943, § 18-0119.

18-01-20. Service of order and notice — Contents of notice — Additional parties — Duty of attorney general.

There must be served upon the owner, mortgagee, lessee, tenant, occupant, and other persons known to have or claim any interest in the premises described in the order of abatement a copy of the abatement order and a written notice stating:

1. The title of the proceeding.
2. The name of the court in which the proceeding is instituted.
3. That the abatement order has been filed in the district court.
4. That the state fire marshal will apply to the court for a judgment enforcing the terms of the abatement order.
5. That all persons interested in the premises described in the abatement order or in the proceeding in the district court will be required to appear therein and state any objections to the order, within twenty days after the date of service of the notice upon them.

The notice must be subscribed by the attorney general who shall appear for the state fire marshal in each such proceeding. Service must be made in the same manner as a summons is required to be served in a civil action. Whenever it appears that persons in addition to those served are necessary or proper parties to the proceeding, the court may order such persons to be brought in by proper service of the order and notice upon them.

Source: S.L. 1919, ch. 74, § 3; 1925 Supp., § 207a3; R.C. 1943, § 18-0120.

18-01-21. Service of abatement order and notice by publication — Affidavit — Order.

Service of the abatement order and notice described in section 18-01-20 may be made by publication in the same manner as a summons is published in a civil action, upon the order of the district court having jurisdiction of the proceeding. The order for publication must be issued if it appears to the court:

1. By the return of the sheriff of the county in which the premises described in the order are situated, that the sheriff has been unable to make the service required by rule 4(d) of the North Dakota Rules of Civil Procedure upon any person or persons having or claiming an interest in the premises; or
2. By affidavit, that any person having or claiming an interest in the premises described in the order is absent or is believed to be absent from the jurisdiction of the court so that service of the order and notice cannot be made upon that person in the manner provided by rule 4(d) of the North Dakota Rules of Civil Procedure.

Source: S.L. 1919, ch. 74, § 3; 1925 Supp., § 207a3; R.C. 1943, § 18-0121.

18-01-22. Appearance in court proceeding by parties in interest.

Any party having or claiming to have an interest in the premises described in the abatement order may appear and state the party’s objections to said order in writing within twenty days after the service of the order and notice upon the party. After such period has expired, the court may permit parties to appear for the protection of their respective interests at any time as may be just and proper before the final determination of the proceeding.

Source: S.L. 1919, ch. 74, § 4; 1925 Supp., § 207a4; R.C. 1943, § 18-0122.

18-01-23. Time of hearing in district court — Notice to parties who have appeared.

The proceeding in the district court may be brought on for hearing and determination by the state fire marshal or by any other party thereto at any time after thirty days have elapsed after the completion of service upon all the parties appearing to be interested therein. In the order setting the time for hearing, the court shall order such notice of the time and place of the hearing to be given to all parties to such proceeding as it shall deem proper. It is not necessary to give notice of such hearing to any person upon whom service of the order and notice described in section 18-01-20 has been made if such person has not appeared in said proceeding.

Source: S.L. 1919, ch. 74, § 5; 1925 Supp., § 207a5; R.C. 1943, § 18-0123.

18-01-24. Hearing in district court.

At the time set for the hearing in the district court, or as soon thereafter as practicable, the court shall hear and determine the issues raised by the abatement order and the objections thereto and shall make its findings of fact and conclusions of law therein as in other civil actions and shall order judgment to be entered accordingly.

Source: S.L. 1919, ch. 74, § 6; 1925 Supp., § 207a6; R.C. 1943, § 18-0124.

18-01-25. Conclusiveness of abatement order or of judgment on appeal therefrom.

The order of abatement made by the state fire marshal, if no appeal is taken therefrom, is conclusive upon all parties to whom notice of the order was given as provided in section 18-01-16. If an appeal was taken from such order, the judgment of the court on appeal is conclusive upon all parties thereto. The order or judgment, as the case may be, is prima facie valid as to all other parties.

Source: R.C. 1943, § 18-0125.

18-01-26. Judgment of district court and contents.

If the court finds that the order of the state fire marshal is just and proper, the judgment must provide for the enforcement thereof within such time and in such manner as must be therein designated. By said judgment or by an appropriate order based thereon, the court may direct the sheriff or the state fire marshal to cause such judgment to be enforced. In the event that any building or other structure is disposed of in pursuance of such order so that there is salvage therefrom, the court shall make an appropriate order for the protection of the interests of the parties to the proceeding.

Source: S.L. 1919, ch. 74, § 6; 1925 Supp., § 207a6; R.C. 1943, § 18-0126.

18-01-27. Costs and disbursements — Enforcing order — Lien of costs — Payment of sheriff’s fees.

Costs and disbursements may be taxed, allowed, and entered in the judgment of the court in a proceeding to enforce an abatement order made by the state fire marshal in the same manner as in other civil actions. If the sheriff or state fire marshal has incurred expenses in the enforcement of any such order, the expenses must be reported to the court and the court may allow and enter them as a part of the judgment. Any costs and disbursements so allowed and entered in the judgment are a lien against the premises affected by the abatement order and are enforceable in the same manner as other judgment liens. The state fire marshal shall reimburse the sheriff for the sheriff’s disbursements and fees in said proceeding.

Source: S.L. 1919, ch. 74, §§ 7, 8; 1925 Supp., §§ 207a7, 207a8; R.C. 1943, § 18-0127.

18-01-28. Records in state fire marshal department open to inspection — Exception.

All records in the state fire marshal department must be public, except that the state fire marshal may withhold from the public any testimony, correspondence, or other matter secured in any investigation made under the provisions of this chapter.

Source: S.L. 1913, ch. 169, § 18; C.L. 1913, § 218; R.C. 1943, § 18-0128.

18-01-29. Biennial report.

The state fire marshal may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

Source: S.L. 1913, ch. 169, § 21; C.L. 1913, § 221; R.C. 1943, § 18-0129; S.L. 1963, ch. 346, § 21; 1973, ch. 403, § 14; 1975, ch. 466, § 15; 1995, ch. 350, § 14.

18-01-30. State’s attorneys to assist state fire marshal.

The state’s attorney of any county, upon the request of the state fire marshal or the state fire marshal’s deputies or assistants, shall assist such officers upon the investigation of any fire which, in their opinion, is of suspicious origin.

Source: S.L. 1913, ch. 169, § 19; C.L. 1913, § 219; R.C. 1943, § 18-0130.

18-01-31. Compensation of officers performing services for state fire marshal department.

All officers not employees of the state fire marshal department who perform any services at the request of the state fire marshal or of a deputy state fire marshal shall receive the same fees as such officers are allowed for like services in proceedings in the district court.

Source: S.L. 1913, ch. 169, § 14; C.L. 1913, § 214; S.L. 1931, ch. 147, § 3; 1937, ch. 131, § 2; R.C. 1943, § 18-0131.

18-01-32. Violation of duty by officers — Penalty.

Any officer referred to in this chapter who neglects to comply with any of the requirements of this chapter must be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each neglect or violation.

Source: S.L. 1913, ch. 169, § 12; C.L. 1913, § 212; R.C. 1943, § 18-0132.

18-01-33. State fire marshal may adopt rules for explosives — Penalty.

The state fire marshal may adopt safety rules for the storage, sale, and use of combustibles and explosives, not otherwise provided by law. Any person who willfully refuses to comply with the safety rules adopted by the state fire marshal is guilty of a class B misdemeanor. Rules adopted by the state fire marshal may not be more restrictive than those promulgated by the state and local building and fire codes and do not apply to the transportation of explosives and dangerous articles regulated by the interstate commerce commission. The state fire marshal may make reasonable provision for the application or nonapplication of all or any portion of the national fire codes.

Source: S.L. 1961, ch. 180, § 1; 1975, ch. 106, § 158; 2017, ch. 159, § 2, effective August 1, 2017.

18-01-34. Disclosure of information concerning toxic or hazardous substances — List to state fire marshal and local fire departments — Exceptions — Availability of information restricted — Penalty. [Repealed]

Source: S.L. 1985, ch. 252, § 1; repealed by 2017, ch. 159, § 7, effective August 1, 2017.

18-01-35. Fire and tornado fund fees.

The attorney general shall charge and collect fees for services provided by the state fire marshal program to entities covered by the fire and tornado fund under chapter 26.1-22. All fees collected under this section must be deposited in the attorney general’s operating fund.

Source: S.L. 2011, ch. 29, § 5.

18-01-36. Petroleum release compensation fund fees.

The attorney general shall charge and collect fees for services provided by the state fire marshal program to entities covered by the petroleum release compensation fund under chapter 23-37. All fees collected under this section must be deposited in the attorney general’s operating fund.

Source: S.L. 2011, ch. 29, § 6.

18-02-01. Forest fire wardens in organized township. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-02. Forest fire wardens in unorganized township. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-03. Powers and duties of forest fire wardens. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-04. Compensation. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-05. Authority of state forester. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-06. Forest fires defined. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-07. Cooperation of state forester and other agencies — Fire and forest protection.

The state forester may cooperate and contract jointly or severally with departments and agencies of this or other states, with federal agencies, with counties, townships, or other political subdivisions, including rural fire protection districts, rural fire departments, municipal, and other corporations and associations, or with individuals, in the best interests of the people and the state in forest surveys, research in forestry, forest protection, including assisting fire departments in protection of forests and other resources and in assisting landowners to secure adoption of better forestry practices. The state forester may:

1. Cooperate and contract with the United States or any appropriate agency thereof to receive and use federal aid and matching funds which the state and its subdivisions may become eligible to receive.
2. Apply for, receive, and expend federal grants-in-aid and matching funds for fire protection services and generally aid rural fire departments and rural fire protection districts with all activities customary in the prevention and suppression of forest, brush, and grassland fires.
3. Purchase or otherwise acquire fire protection equipment to lend, transfer, or sell to rural fire departments and rural fire protection districts.

Source: S.L. 1955, ch. 162, § 3; R.C. 1943, 1957 Supp., § 18-0207; S.L. 1975, ch. 189, § 1; 1981, ch. 247, § 1; 1997, ch. 203, § 1; 2007, ch. 205, § 1.

Collateral References.

Forest conservation legislation, constitutionality of fire prevention, provisions of, 13 A.L.R.2d 1095.

18-02-08. Designation of forest protection districts. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-02-09. Powers of rangers, wardens, and deputies. [Repealed]

Repealed by S.L. 1997, ch. 203, § 2.

18-03-01. North Dakota firefighter’s association — How constituted.

The North Dakota firefighter’s association consists of the various organized fire departments and fire protection districts within this state, and each fire department, fire protection district, and firefighter within the state is entitled to membership in the association upon compliance with the constitution and bylaws of the association.

Source: R.C. 1943, § 18-0301; S.L. 1999, ch. 210, § 1; 2001, ch. 210, § 1.

18-03-01.1. North Dakota firefighter’s association — Duties and authority.

The North Dakota firefighter’s association shall:

1. Develop and adopt a statewide fire education and training plan;
2. Coordinate fire service training at all levels; and
3. Establish procedures to govern the certification process for firefighter training.

Source: S.L. 2017, ch. 160, § 1, effective August 1, 2017.

18-03-02. Fire schools.

Fire schools must be held annually under the direction of the North Dakota firefighter’s association. The schools must be held at such times and in such places in North Dakota as may be designated by the North Dakota firefighter’s association executive board. Fire schools may be held by teleconference, video, or other alternative media.

Source: S.L. 1935, ch. 137, § 1; R.C. 1943, § 18-0302; S.L. 1999, ch. 210, § 2; 2001, ch. 210, § 2.

18-03-03. Association to report to office of management and budget time and place of school and name of treasurer.

The North Dakota firefighter’s association shall submit to the office of management and budget an annual report of all fire schools held in the state. The association also shall furnish to the office of management and budget the name and address of the treasurer of the association.

Source: S.L. 1893, ch. 65, § 3; R.C. 1895, § 1033; R.C. 1899, § 1033; R.C. 1905, § 1293; C.L. 1913, § 1841; S.L. 1935, ch. 137, § 3; R.C. 1943, § 18-0303; S.L. 1959, ch. 372, § 15; 1999, ch. 210, § 3; 2001, ch. 210, § 3.

18-03-04. Association to furnish bond.

The North Dakota firefighter’s association shall file with the director of the office of management and budget a bond in the penal sum of two thousand dollars conditioned for the faithful disposition of the funds appropriated by the legislative assembly for the use of the association in conducting fire schools.

Source: S.L. 1893, ch. 65, § 3; R.C. 1895, § 1033; R.C. 1899, § 1033; R.C. 1905, § 1293; C.L. 1913, § 1841; S.L. 1935, ch. 137, § 3; R.C. 1943, § 18-0304; S.L. 1959, ch. 372, § 16; 1999, ch. 210, § 4; 2001, ch. 210, § 4.

18-03-05. Statement of desired appropriation submitted to office of the budget.

Not later than July first of each year next preceding a regular session of the legislative assembly, the director of the budget shall send to the North Dakota firefighter’s association a suitable blank form to be filled out with an itemized statement of the amount of money necessary to promote the efficiency and growth of the different fire departments and fire protection districts of the association and to conduct the fire schools to be held during the succeeding biennium under the direction of the association. The association shall return the blanks properly filled out as provided in section 54-44.1-04.

Source: S.L. 1893, ch. 65, § 3; R.C. 1895, § 1033; R.C. 1899, § 1033; R.C. 1905, § 1293; C.L. 1913, § 1841; S.L. 1935, ch. 137, § 3; R.C. 1943, § 18-0305; S.L. 1959, ch. 372, § 17; 1965, ch. 358, § 17; 1979, ch. 187, § 20; 1999, ch. 210, § 5; 2001, ch. 210, § 5.

18-03-06. Director of the budget to prepare estimate for firefighter’s association.

The director of the budget shall include with its estimates an estimate of the amounts necessary to be appropriated to promote the efficiency and growth of the different fire departments and fire protection districts of the association and to conduct fire schools.

Source: S.L. 1935, ch. 137, § 5; R.C. 1943, § 18-0306; S.L. 1965, ch. 358, § 18; 1999, ch. 210, § 6; 2001, ch. 210, § 6.

18-03-07. Office of management and budget to pay sum appropriated to association treasurer.

Not later than the first day of August of each year, the office of management and budget, by warrants prepared and issued by the office and signed by the state auditor, shall pay to the treasurer of the North Dakota firefighter’s association the sum appropriated by the legislative assembly for that year. The sum, however, may not be paid until the treasurer of the association has filed the bond required in section 18-03-04.

Source: S.L. 1893, ch. 65, § 3; R.C. 1895, § 1033; R.C. 1899, § 1033; R.C. 1905, § 1293; C.L. 1913, § 1841; S.L. 1935, ch. 137, § 3; R.C. 1943, § 18-0307; S.L. 1959, ch. 372, § 18; 2001, ch. 210, § 7.

18-03-08. Report of use of money.

On or before the first day of July of each year, the president, secretary, and treasurer of the North Dakota firefighter’s association shall make to the office of management and budget a full and complete report, duly verified by the secretary, of the disposition of all moneys received. The association shall provide for an audit annually by a certified public accountant or licensed public accountant who shall submit the audit report to the state auditor’s office. When the report is in the form and style prescribed by the state auditor, the state auditor may not conduct an audit of the records of the association.

Source: S.L. 1893, ch. 65, § 3; R.C. 1895, § 1033; R.C. 1899, § 1033; R.C. 1905, § 1293; C.L. 1913, § 1841; S.L. 1935, ch. 137, § 3; R.C. 1943, § 18-0308; S.L. 1957, ch. 163, § 1; 1957 Supp., § 18-0308; S.L. 1959, ch. 372, § 19; 1979, ch. 102, § 3; 2001, ch. 210, § 8.

18-03-09. Volunteer firemen exempt from poll tax — Duty of secretary of department. [Repealed]

Repealed by S.L. 1969, ch. 528, § 24.

18-04-01. Eligibility for participation in fund created from premium tax on fire insurance companies.

1. To become eligible for the benefits provided under this chapter, a city, or one or more townships or fire districts, shall maintain therein for at least eight months before the filing of the certificate required under section 18-04-02 a fire district, fire protection district, or department that:
   1. Has been in actual existence for the period specified in this section;
   2. Provides the minimum requirements for class 9 fire protection or better; and
   3. Has been in compliance with the requirements to report fires as set forth in section 18-01-06.
2. Change in a fire department’s name, or incorporation into a fire district, is deemed a waiver of the eight-month waiting period for filing a certificate of existence under section 18-04-02.

Source: S.L. 1887, ch. 53, §§ 3, 4; 1893, ch. 66, § 1; R.C. 1895, §§ 2464, 2465; S.L. 1899, ch. 92, § 1; R.C. 1899, §§ 2464, 2465; S.L. 1901, ch. 208, § 1; R.C. 1905, §§ 2968, 2969; C.L. 1913, §§ 3995, 3996; R.C. 1943, § 18-0401; S.L. 1951, ch. 153, § 1; 1957 Supp., § 18-0401; S.L. 1965, ch. 164, § 1; 1967, ch. 323, § 30; 1999, ch. 210, § 7; 2001, ch. 210, § 9; 2017, ch. 159, § 3, effective August 1, 2017.

Cross-References.

Collection of insurance premium tax, see N.D.C.C. § 26.1-03-17.

18-04-02. City auditor or secretary of rural fire department to file certificate with state fire marshal and insurance commissioner — Report to budget section.

1. On or before the thirty-first day of October in each year, the auditor or secretary of any city or rural fire department that has an organized fire department shall file with the state fire marshal and with the insurance commissioner the auditor’s or secretary’s certificate stating the existence of the fire department, the date of its organization, the number of fire engines, hook and ladder trucks, and the system of water supply in use by the department, with such other facts as the state fire marshal or commissioner may require.
2. A certified city fire department, certified rural fire department, or certified fire protection district receiving funds under section 18-04-05 shall file an annual report with the state fire marshal detailing the expenditure of the funds and its committed and uncommitted reserve balances. The report must identify the purpose of any committed reserve balance and the anticipated time period for spending the committed reserves. The state fire marshal shall present a biennial report to the budget section of the legislative management summarizing the expenditures by certified city fire departments, certified rural fire departments, and certified fire protection districts of funds received under section 18-04-05 and the information on committed and uncommitted reserve fund balances of these entities.

Source: S.L. 1887, ch. 53, § 1; R.C. 1895, § 2462; R.C. 1899, § 2462; R.C. 1905, § 2966; C.L. 1913, § 3993; R.C. 1943, § 18-0402; S.L. 1951, ch. 153, § 2; 1957 Supp., § 18-0402; S.L. 1959, ch. 372, § 20; 1967, ch. 323, § 31; 1971, ch. 230, § 1; 1999, ch. 210, § 8; 2013, ch. 178, § 1.

18-04-03. Failure to file certificate deemed waiver — Exception.

If the certificate required by section 18-04-02 is not filed with the office of management and budget and insurance commissioner on or before the thirty-first day of October, the city or rural fire department failing to file the same must be deemed to have waived and relinquished its right for such year to the benefits of this chapter. If, however, the city or rural fire department has filed its certificate for three successive years and has drawn money thereunder for such time, the certificate may be filed at any time up to and including March first of the succeeding year without waiving the right to the benefits provided in this chapter.

Source: S.L. 1887, ch. 53, § 5; R.C. 1895, § 2466; R.C. 1899, § 2466; S.L. 1901, ch. 99, § 1; R.C. 1905, § 2971; C.L. 1913, § 3998; R.C. 1943, § 18-0403; S.L. 1951, ch. 153, § 3; 1957 Supp., § 18-0403; S.L. 1959, ch. 372, § 21; 1967, ch. 323, § 32.

18-04-04. Insurance companies to report fire, allied lines, homeowner’s multiple peril, farmowner’s multiple peril, and commercial multiple peril insurance premium collections — Form furnished by insurance commissioner.

1. The insurance commissioner, when the commissioner forwards to an insurance company which is issuing policies for fire, allied lines, homeowner’s multiple peril, farmowner’s multiple peril, and commercial multiple peril insurance in this state the form to be used in submitting its annual statement, shall forward a form containing the names of all cities and all rural fire protection districts or rural fire departments entitled to benefits under the provisions of this chapter. Every insurance company issuing policies for fire, allied lines, homeowner’s multiple peril, farmowner’s multiple peril, and commercial multiple peril insurance within this state shall complete such form by showing on the form the amount of all premiums received by the insurance company upon such policies issued on property within the corporate limits of each city shown on the form and on property within the boundaries of each rural fire protection district shown on the form or property within the boundaries of each rural fire department as certified by the state fire marshal during the year ending on the preceding thirty-first day of December and shall file the form as a part of the insurance company’s annual statement.
2. An insurance company failing to report fire, allied lines, homeowner’s multiple peril, farmowner’s multiple peril, and commercial multiple peril insurance premium collections on or before March first, on forms prescribed by the insurance commissioner, is subject to the monetary penalties prescribed in section 26.1-03-11.

Source: S.L. 1887, ch. 53, § 2; R.C. 1895, § 2463; R.C. 1899, § 2463; R.C. 1905, § 2967; C.L. 1913, § 3994; R.C. 1943, § 18-0404; S.L. 1967, ch. 323, § 33; 1975, ch. 190, § 1; 1979, ch. 279, § 1; 2021, ch. 231, § 1, effective July 1, 2021.

18-04-04.1. Insurance tax distribution fund.

The insurance tax distribution fund is a special fund in the state treasury. The portion of revenue provided in section 26.1-03-17 must be deposited in the fund for disbursement as provided in this chapter and chapter 23-46, subject to legislative appropriation.

Source: S.L. 1989, ch. 261, § 2; 2007, ch. 250, § 1.

18-04-05. Amount due cities, rural fire protection districts, or rural fire departments — Transfer to firefighters death benefit fund — Disbursement to North Dakota firefighter’s association — Payments by insurance commissioner.

1. The insurance commissioner shall disburse funds in the insurance tax distribution fund as provided under this section.
2. The insurance commissioner shall transfer an amount of up to fifty thousand dollars per biennium, as may be necessary, to the firefighters death benefit fund for distribution under chapter 18-05.1.
3. The insurance commissioner shall disburse funds to the North Dakota firefighter’s association for uses authorized under chapter 18-03, subject to legislative appropriations.
4. The insurance commissioner shall compute the amounts due to the certified city fire departments, certified rural fire departments, or certified fire protection districts entitled to benefits under this chapter on or before December first of each year. The insurance commissioner shall allocate one-half of the biennial legislative appropriation for distribution under this subsection, to each eligible city not within a certified fire protection district, each certified rural fire protection district organized under this title, and each rural fire department certified by the state fire marshal, and pay the amount allocated in December of each year. The allocation must be made in proportion to the amount of insurance company premiums received by insurance companies pursuant to section 26.1-03-17 for policies for fire, allied lines, homeowner’s multiple peril, farmowner’s multiple peril, commercial multiple peril, and crop hail insurance on property within the city, certified rural fire protection district, or area served by the certified rural fire department to the total of those premiums for those policies in the state.

Source: S.L. 1887, ch. 53, § 3; 1893, ch. 66, § 1; R.C. 1895, § 2464; S.L. 1899, ch. 92, § 1; R.C. 1899, § 2464; S.L. 1901, ch. 208, § 1; R.C. 1905, § 2968; C.L. 1913, § 3995; R.C. 1943, § 18-0405; S.L. 1949, ch. 168, § 1; 1951, ch. 153, § 4; 1953, ch. 149, § 1; 1957 Supp., § 18-0405; S.L. 1959, ch. 372, § 22; 1965, ch. 165, § 1; 1967, ch. 163, § 1; 1967, ch. 323, § 34; 1971, ch. 230, § 2; 1975, ch. 190, § 2; 1979, ch. 279, § 2; 1983, ch. 251, § 2; 1985, ch. 82, § 32; 1985, ch. 253, § 1; 1989, ch. 261, § 1; 1993, ch. 217, § 1; 1995, ch. 213, § 1; 2005, ch. 192, § 1; 2013, ch. 178, § 2; 2017, ch. 9, § 10, effective July 1, 2017.

18-04-06. Office of management and budget to issue warrants on state treasurer for benefits. [Repealed]

Repealed by S.L. 1971, ch. 230, § 3.

18-04-07. Disbursement of fund by city auditor.

Moneys received by the city auditor under the provisions of this chapter must be disbursed as follows:

1. In a city having a paid fire department, the money must be placed in a fund to be disbursed by the governing body of the municipality in maintaining the fire department. If the municipality has a duly organized and incorporated firefighters relief association, the money must be disbursed in accordance with section 18-05-04.
2. In a city or rural fire protection district having no paid fire department, the money must be paid over to the treasurer of the fire department, or to the treasurer of each separately organized fire company that satisfies the requirements of section 18-04-01 in equal proportions when there is more than one in the municipality or rural fire protection district, upon the written order of the department or companies approved by the governing body of the municipality or rural fire protection district. If the municipality or rural fire protection district has a duly organized and incorporated firefighters relief association, the amount must be disbursed in accordance with section 18-05-04.
3. For the purpose of this section, a nonpaid or volunteer fire department is any department in which less than fifty percent of the personnel of the department are full-time regularly salaried firefighters. A volunteer firefighter is a firefighter who does not receive a regular monthly salary though the firefighter may receive compensation for each fire call the firefighter responds to.

Source: S.L. 1887, ch. 53, § 3; 1893, ch. 66, § 1; R.C. 1895, § 2464; S.L. 1899, ch. 92, § 1; R.C. 1899, § 2464; S.L. 1901, ch. 208, § 1; R.C. 1905, § 2968; C.L. 1913, § 3995; R.C. 1943, § 18-0407; S.L. 1967, ch. 163, § 2; 1967, ch. 323, § 35; 1973, ch. 320, § 1; 1999, ch. 211, § 1.

18-04-08. Notification of municipalities entitled to benefits. [Repealed]

Repealed by S.L. 2011, ch. 159, § 1.

18-05-01. Firefighters relief association — Where it may be organized.

A firefighters relief association may be organized in any city, rural fire department, or rural fire protection district that has a fire department. In organizing a firefighters relief association, the procedure provided in chapter 10-33 must be followed.

Source: S.L. 1909, ch. 123, § 1; C.L. 1913, § 3999; S.L. 1923, ch. 219, § 1; 1925 Supp., § 3999; S.L. 1935, ch. 138, § 1; R.C. 1943, § 18-0501; S.L. 1997, ch. 105, § 5; 1999, ch. 211, § 2; 2009, ch. 194, § 1.

Cross-References.

Volunteer firemen, definition for workmen’s compensation purposes, see N.D.C.C. § 65-06-01.

Collateral References.

Causal connection between fireman’s performance of official duties and his disability, for purpose of recovering disability benefits, 27 A.L.R.2d 974.

Relationship between fireman’s performance of his official duties and his death for purpose of recovery of benefits by survivors, 27 A.L.R.2d 1004.

Validity of legislation providing for additional retirement or disability allowances for firemen previously retired or disabled, 27 A.L.R.2d 1442.

18-05-02. Control of funds — Derivation of funds.

Through its board of trustees and officers, a firefighters relief association has full charge, management, and control of the funds provided for in this chapter, which funds must be derived from the following sources:

1. From interest, rents, gifts, or money from other sources; and
2. From funds received from the state.

Source: S.L. 1909, ch. 123, § 8; C.L. 1913, § 4006; R.C. 1943, § 18-0502; S.L. 1999, ch. 211, § 3.

18-05-03. Treasurer of relief association to furnish bond.

Before entering upon the duties of office, the treasurer of every firefighters relief association shall give a good and sufficient bond to the association conditioned for the faithful discharge of the duties of treasurer, and for the safekeeping and paying over, according to law, of all moneys that come into the treasurer’s hands while acting as treasurer.

Source: S.L. 1909, ch. 123, § 5; C.L. 1913, § 4003; R.C. 1943, § 18-0503; S.L. 1999, ch. 211, § 4.

18-05-04. Apportioning insurance tax received by city, rural fire department, or rural fire protection district.

The city auditor in a city or the treasurer of a rural fire department or rural fire protection district with a fire department and a firefighters relief association shall apportion the amount received under section 18-04-05, so one-half of the amount is placed in a fund to be disbursed by the city’s, rural fire department’s, or rural fire protection district’s governing body in maintaining the fire department and one-half is paid to the treasurer of the firefighters relief association. Except, the city’s governing body may direct the city auditor or the rural fire department or rural fire protection district’s board of directors may direct the treasurer to pay all or any portion of the one-half of the amount received which would otherwise be disbursed in maintaining the fire department to the treasurer of the firefighters relief association if its financial condition makes the disposition necessary or advisable.

Source: S.L. 1909, ch. 123, § 1; C.L. 1913, § 3999; R.C. 1943, § 18-0504; S.L. 1947, ch. 180, § 1; 1957 Supp., § 18-0504; S.L. 1973, ch. 320, § 2; 1979, ch. 187, § 21; 1999, ch. 211, § 5; 2009, ch. 194, § 2.

18-05-05. Disbursement of money received by treasurer of firefighters relief association.

The amount received by the treasurer of a firefighters relief association from the state may be disbursed for the following purposes only:

1. For the maintenance of the association.
2. For pensions to and the relief of sick, injured, and disabled members of any fire department in the municipality, rural fire department, or the rural fire protection district and the members’ surviving spouses and children.
3. For the payment of service pensions as provided in section 18-05-06 in the amounts and manner the association designates in its articles of incorporation and bylaws.

Source: S.L. 1909, ch. 123, § 1; C.L. 1913, § 3999, subs. 3; S.L. 1923, ch. 219, § 1; 1925 Supp., § 3999, subs. 3; S.L. 1935, ch. 138, § 1; R.C. 1943, § 18-0505; S.L. 1999, ch. 211, § 6; 2009, ch. 194, § 3.

18-05-06. Service pension — Who may receive — Recipient entitled to no further relief from association.

1. A firefighters relief association organized under the laws of this state must be an internal revenue service approved plan.
2. A firefighters relief association organized under the laws of this state may pay out of any funds received from the state, city, municipality, or any other source a service pension in an amount as may be provided by the association’s bylaws to each of its members who has retired and who:
   1. Has reached the age of fifty years; and
   2. Meets all the requirements of the firefighters relief association bylaws.
3. A pension may not be paid to any individual while that individual remains a member of the fire department, rural fire department, or rural fire protection district department, and an individual who is receiving a service pension is entitled to no other relief from the association.

Source: S.L. 1909, ch. 123, § 1; C.L. 1913, § 3999; S.L. 1923, ch. 219, § 1; 1925 Supp., § 3999; S.L. 1935, ch. 138, § 1; R.C. 1943, § 18-0506; S.L. 1953, ch. 150, § 1; 1957 Supp., § 18-0506; S.L. 1975, ch. 191, § 1; 1999, ch. 211, § 7; 2003, ch. 179, § 1; 2009, ch. 194, § 4.

Collateral References.

Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 A.L.R.2d 506.

18-05-07. Eligibility for service pension may be acquired by paying back assessments.

A firefighter who, for the number of years required for retirement, actually has served in a fire department in a municipality, rural fire department, or rural fire protection district in which a firefighters relief association has been organized and who pays into the firefighters relief and pension fund maintained in the municipality, rural fire department, or rural fire protection district assessments equal to the amounts assessed against the members of the association during the time of the firefighter’s service in the department, with interest upon the assessments, must be allowed membership in the association and is entitled to receive, upon retirement, the same pension from the fund as is paid to other firefighters. The bylaws of an association may not contain any provision that discriminates against a firefighter who actually has worked as a firefighter during the number of years required by the bylaws or which prevents the firefighter from, or discriminates against the firefighter in, participating in the association or in the benefits from the fund. The rights provided for in this chapter are acquired by compliance with this section whether compliance was accomplished before or after July 1, 1935, without regard to the time when the required service was performed.

Source: S.L. 1909, ch. 123, § 1; C.L. 1913, § 3999; S.L. 1923, ch. 219, § 1; 1925 Supp., § 3999; S.L. 1935, ch. 138, § 1; R.C. 1943, § 18-0507; S.L. 1999, ch. 211, § 8; 2009, ch. 194, § 5.

18-05-08. Pensions to be uniform — Reduction or increase in pensions authorized.

All pensions granted in a municipality or rural fire protection district under the provisions of this chapter must be uniform in amount. Every association, however, may reduce or increase the amount of pensions, within the limitations contained in this chapter, whenever the amount of funds on hand or other good reason renders such action advisable.

Source: S.L. 1909, ch. 123, §§ 1, 3; C.L. 1913, §§ 3999, 4001; S.L. 1923, ch. 219, §§ 1, 2; 1925 Supp., §§ 3999, 4001; S.L. 1935, ch. 138, § 1; R.C. 1943, § 18-0508; S.L. 1999, ch. 211, § 9.

Collateral References.

Validity of legislation providing for additional retirement or disability allowances for firemen previously retired or disabled, 27 A.L.R.2d 1442.

18-05-09. Who deemed firefighter.

A substitute firefighter, a person serving on probation, and a firefighter in a municipality, rural fire department, or rural fire protection district having a relief association in its fire department who is not a member of the association may not be deemed a firefighter within the meaning of this chapter.

Source: S.L. 1909, ch. 123, § 5; C.L. 1913, § 4003; R.C. 1943, § 18-0509; S.L. 1999, ch. 211, § 10; 2009, ch. 194, § 6.

18-05-10. Qualifications as to age inapplicable to pension for disability.

The qualifications as to age prescribed by this chapter do not apply to a member of a fire department who makes an application for a pension on account of injuries or disabilities that result in the firefighter being unfit to perform the duties of an active firefighter. The relief association shall pay the pension to those members, or to the surviving spouse or children of a deceased firefighter, in the amounts and under the limitations and conditions as its articles of incorporation and bylaws provide and permit. A pension paid to any one family, however, may not exceed the maximum monthly service pension permitted under this chapter.

Source: S.L. 1909, ch. 123, §§ 2, 3; C.L. 1913, §§ 4000, 4001; S.L. 1923, ch. 219, § 2; 1925 Supp., § 4001; R.C. 1943, § 18-0510; S.L. 1999, ch. 211, § 11; 2009, ch. 194, § 7.

Cross-References.

Compensation benefits, see N.D.C.C. § 65-06-03.

Collateral References.

Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representatives of deceased employee, 5 A.L.R.3d 644.

18-05-11. Money received under pension not subject to legal process — Assignments. [Repealed]

Repealed by S.L. 1987, ch. 386, § 2.

18-05-12. Secretary and treasurer of firefighters relief association to prepare report — Contents — Filing.

The secretary and treasurer of every firefighters relief association shall prepare annually a report of all the receipts and expenditures of the association for the previous year showing the source of all receipts and for what purpose and to whom any money was paid and expended. The report must be filed in the office of the city auditor of the municipality wherein the association is situated or in the case of a rural fire department or rural fire protection district, the office of the county auditor of the county in which the rural fire department or rural fire protection district is located, and a duplicate of the report must be filed with the office of management and budget before any money may be paid to the relief association.

Source: S.L. 1909, ch. 123, § 4; C.L. 1913, § 4002; R.C. 1943, § 18-0512; S.L. 1959, ch. 372, § 24; 1999, ch. 211, § 12; 2009, ch. 194, § 8.

18-05-13. Audit of books of relief association — Report of unauthorized spending to governor — Duty of governor.

The books and accounts of the secretary and treasurer of each firefighters relief association receiving funds under the provisions of this chapter must be audited as required by section 54-10-14. If the money, or any part of it, has been or is being expended for unauthorized purposes, the facts must be reported to the governor. Thereupon, the governor shall direct the office of management and budget not to prepare any warrants for the benefits of the fire department or relief association of the municipality, rural fire department, or rural fire protection district in which the association is organized until it appears to the state auditor, who shall report the fact to the governor, that all moneys wrongfully expended have been replaced. The governor may take such further action as the emergency may demand.

Source: S.L. 1909, ch. 123, § 7; C.L. 1913, § 4005; R.C. 1943, § 18-0513; S.L. 1947, ch. 179, § 1; 1957 Supp., § 18-0513; S.L. 1959, ch. 372, § 25; 1969, ch. 225, § 1; 1979, ch. 102, § 4; 1979, ch. 187, § 22; 1999, ch. 211, § 13; 2009, ch. 194, § 9.

18-05.1-01. Payments to deceased firefighter’s survivor.

The firefighters death benefit fund is a special fund in the state treasury. The revenue provided in section 26.1-03-17 must be deposited in the fund and is appropriated on a continuing basis to the insurance commissioner for disbursement as provided in this chapter. The insurance commissioner shall administer the fund.

Source: S.L. 2007, ch. 206, § 1; 2009, ch. 15, § 12.

18-05.1-02. Payments from firefighters death benefit fund.

The insurance commissioner shall pay ten thousand dollars to a deceased firefighter’s survivor upon receipt of a request for payment and evidence of a line of duty death from the fire chief or the fire chief’s designee of a city fire department, rural fire department, or rural fire protection district.

Source: S.L. 2007, ch. 206, § 1; 2009, ch. 15, § 13.

18-05.1-03. Definitions.

For purposes of this chapter:

1. “Firefighter” means an individual who is a member of a paid or volunteer fire department that is a part of or is administered by this state, any political subdivision of this state, or a rural fire protection district.
2. “Line of duty death” means a death that was due to an injury sustained while performing firefighter duties if the death occurred within forty-eight hours of participating in an emergency response or training event. Death from a heart attack or stroke is deemed to be a line of duty death if it occurs within forty-eight hours of an emergency response or training event.
3. “Survivor” means the spouse of a deceased firefighter who died in the line of duty. If there is no spouse, the term means the individual designated in writing by the deceased firefighter as beneficiary of the Public Safety Officers’ Benefit Act [42 U.S.C. 3796 et seq.] death benefit, or if no beneficiary is designated, the deceased firefighter’s estate.

Source: S.L. 2007, ch. 206, § 1; 2009, ch. 15, § 14.

18-06-01. Township may purchase fire equipment — Election. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-02. Notice of election. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-03. Equipment must be purchased on competitive bids — Paid for out of general fund. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-04. Two or more townships may purchase fire equipment jointly. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-05. Equipment purchased jointly — Each board of supervisors to authorize clerk to advertise for bids. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-06. Petition for tax levy for fire protection in unincorporated villages — Tax levy made. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-07. Certification of amount of taxes levied — County auditor to fix rate — Extension. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-08. Collection and payment of taxes — Separate account kept by township treasurer. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-09. Expenditures from funds — Payments made by warrants. [Repealed]

Repealed by S.L. 1957, ch. 165, § 14.

18-06-10. Township may contract for prevention and extinguishment of fires.

The electors of each township at the annual township meeting may authorize and empower the board of township supervisors to fund from revenues derived from the general fund levy authority of the township and provide by contract or otherwise for the prevention of, protection from, and extinguishment of fires within the township.

When so authorized, the supervisors may enter into a five-year contract and levy for the payment of the services obtained under the contract. The contract may be renewed or renegotiated for another five-year period upon authorization by the electors of the township at the annual meeting.

A voter-approved levy under this section authorized by electors of a township before January 1, 2015, remains in effect under the provisions of this section at the time the levy was authorized but not exceeding ten taxable years. Upon expiration of any mill levy under this section authorized by electors of a township before January 1, 2015, the governing body of the township or county may, by resolution, transfer any unobligated balance in the fund in which the levy proceeds were deposited to the general fund of the township.

Source: S.L. 1945, ch. 319, § 1; R.C. 1943, 1957 Supp., § 18-0610; S.L. 1969, ch. 226, § 1; 1983, ch. 606, § 26; 2015, ch. 439, § 20, effective January 1, 2015.

Effective Date.

The 2015 amendment of this section by section 20 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

18-06-11. Contracts for fire protection in unorganized townships — Mill levy. [Repealed]

Source: S.L. 1955, ch. 340, § 1; R.C. 1943, 1957 Supp., § 18-0611; S.L. 1961, ch. 181, § 1; 1985, ch. 235, § 46; repealed by 2015, ch. 439, § 104, effective January 1, 2015.

18-07-01. Petition to board of county commissioners to establish firebreaks — Tax levied. [Repealed]

Source: S.L. 1891, ch. 93, § 2; R.C. 1895, § 1664; S.L. 1897, ch. 80, § 1; 1899, ch. 122, § 1; R.C. 1899, § 1664; R.C. 1905, § 2071; C.L. 1913, § 2801; R.C. 1943, § 18-0701; S.L. 1987, ch. 676, § 6; repealed by 2015, ch. 439, § 104, effective January 1, 2015.

18-07-02. Board of county commissioners to divide county into fire districts.

The board of county commissioners, from time to time, if a levy is made for a firebreak fund, shall divide the county into as many fire districts as may be necessary. Each district must be known and designated as “Fire District No. _________ ”. The board may map out each fire district in any form, consistent with the amount of funds available, so that when firebreaks are made a prairie fire will be confined to the smallest possible area. When forming fire districts, the board may take advantage of any creek, river, broken or plowed field, or other natural or artificial barrier to prairie fires.

Source: S.L. 1891, ch. 93, §§ 2, 5; R.C. 1895, §§ 1664, 1667; S.L. 1897, ch. 80, § 1; 1899, ch. 122, § 1; R.C. 1899, §§ 1664, 1667; R.C. 1905, §§ 2071, 2074; C.L. 1913, §§ 2801, 2804; R.C. 1943, § 18-0702.

18-07-03. Board of county commissioners to appoint fire wardens — Compensation — Oath — Bond.

The board of county commissioners may appoint a fire warden for each fire district. The warden shall reside in the fire district and must be paid such sum as is fixed by the board, not exceeding three dollars for each day actually employed in the discharge of the warden’s duties. The warden shall take and subscribe the oath required of civil officers and shall file a bond in the penal sum of five hundred dollars, with at least two good and sufficient sureties to be approved by the board, conditioned for the faithful discharge of the warden’s duties.

Source: S.L. 1891, ch. 93, § 2; R.C. 1895, § 1664; S.L. 1897, ch. 80, § 1; 1899, ch. 122, § 1; R.C. 1899, § 1664; R.C. 1905, § 2071; C.L. 1913, § 2801; R.C. 1943, § 18-0703.

18-07-04. Fire warden to make firebreaks — When made.

The fire wardens shall carry out in their respective districts all of the instructions of the board of county commissioners with reference to making firebreaks and preventing the spread of prairie fires. All firebreaks made under the provisions of this chapter must be made in each year at as early a date as possible with a view to the most efficient protection of property from prairie fires.

Source: S.L. 1891, ch. 93, § 2; R.C. 1895, § 1664; S.L. 1897, ch. 80, § 1; 1899, ch. 122, § 1; R.C. 1899, § 1664; R.C. 1905, § 2071; C.L. 1913, § 2801; R.C. 1943, § 18-0704.

18-07-05. Legal firebreak defined.

A legal firebreak consists of a strip of land two hundred feet [60.96 meters] wide, plowed on either side and burned out inside the plowing.

Source: S.L. 1891, ch. 93, § 6; R.C. 1895, § 1668; S.L. 1897, ch. 80, § 1; R.C. 1899, § 1668; R.C. 1905, § 2075; C.L. 1913, § 2805; R.C. 1943, § 18-0705.

18-07-06. When prairie may be set on fire to make firebreak.

For the purpose of making a firebreak, a strip of prairie not exceeding one hundred feet [30.48 meters] in width, protected on each side by a strip of plowed or burned land not less than five feet [1.52 meters] wide, may be set on fire. At least four men must be present when the prairie is burned and must be prepared, with water and suitable appliances, to keep the fire under control.

Source: S.L. 1891, ch. 93, § 7; R.C. 1895, § 1669; R.C. 1899, § 1669; R.C. 1905, § 2076; C.L. 1913, § 2806; R.C. 1943, § 18-0706.

18-07-07. Board of county commissioners may provide tools to make firebreak.

A board of county commissioners may provide, from the firebreak fund, such tools and appliances as may be necessary to aid and assist in making firebreaks to prevent the spread of prairie fires.

Source: S.L. 1891, ch. 93, § 1; R.C. 1895, § 1663; S.L. 1899, ch. 122, § 1; R.C. 1899, § 1663; R.C. 1905, § 2070; C.L. 1913, § 2800; R.C. 1943, § 18-0707.

18-08-01. Penalty for setting prairie fire.

Any person who sets or causes to be set on fire any woods, marsh, prairie, hay, weeds, or any grass or stubble lands, except as hereinafter provided, is guilty of a class A misdemeanor.

Source: Pen. C. 1877, §§ 458, 459; Pen. C. 1877, ch. 60, § 1; S.L. 1881, ch. 106, § 1; 1887, ch. 123, § 1; 1891, ch. 93, § 12; R.C. 1895, §§ 1654, 1660, 1674, 7314, 7315; R.C. 1899, §§ 1654, 1660, 1674, 7314, 7315; R.C. 1905, §§ 2061, 2067, 2078, 9055, 9056; C.L. 1913, §§ 2791, 2797, 2808, 9774, 9775; S.L. 1941, ch. 142, § 1; R.C. 1943, § 18-0801; S.L. 1975, ch. 106, § 159.

18-08-02. Burning grass or stubble.

A person may set any grass or stubble lands on fire at the time the person commences to break or plow such lands if, at the time the fire is set, there is a strip at least fifty feet [15.24 meters] wide of well-plowed or burned land completely encompassing the land where the fire is set.

Source: Pen. C. 1877, ch. 60, § 2; R.C. 1895, § 1655; R.C. 1899, § 1655; R.C. 1905, § 2062; C.L. 1913, § 2792; R.C. 1943, § 18-0802.

18-08-03. Liability when lawfully set fire is permitted to spread. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

18-08-04. Accidental damage from lawfully set fire — Liability.

If a fire which is lawfully set to burn grass or stubble land accidentally and without any negligence on the part of the person setting the fire gets beyond the person’s control, the person is liable only in a civil action to the person damaged for the amount of the damage.

Source: Pen. C. 1877, ch. 60, § 3; R.C. 1895, § 1656; R.C. 1899, § 1656; R.C. 1905, § 2063; C.L. 1913, § 2793; R.C. 1943, § 18-0804.

Collateral References.

Liability for spread of fire purposely and lawfully kindled, 24 A.L.R.2d 241; 25 A.L.R.5th 391.

Liability of one negligently causing fire for personal injuries sustained in attempt to control fire or to save life or property, 42 A.L.R.2d 494.

18-08-05. Setting fire to destroy grasshoppers lawful. [Repealed]

Repealed by S.L. 1973, ch. 50, § 1.

18-08-06. Liability for unlawfully setting fire to destroy grasshoppers — Penalty for carelessness and negligence. [Repealed]

Repealed by S.L. 1973, ch. 50, § 1.

18-08-07. Penalty for failure to extinguish camp or other fire.

A person who makes a camp or other fire, or causes the same to be made, and leaves such fire without having thoroughly extinguished it, is guilty of a class B misdemeanor.

Source: S.L. 1881, ch. 106, §§ 1 to 3; 1887, ch. 123, § 1; R.C. 1895, §§ 1660, 1661; R.C. 1899, §§ 1660, 1661; R.C. 1905, §§ 2067, 2068; C.L. 1913, §§ 2797, 2798; R.C. 1943, § 18-0807; S.L. 1975, ch. 106, § 160.

Cross-References.

Building requirements, power of municipality to establish, see N.D.C.C. §§ 40-05-01 and 40-05-02.

Construction of doors of public buildings, see N.D.C.C. § 23-13-04.

Fire escapes, hotels, see N.D.C.C. §§ 23-09-03 to 23-09-08.

Standards for electrical wiring and equipment, see N.D.C.C. § 43-09-21.

18-08-08. Occupant may recover damages caused by fire.

In any action to recover damages under the provisions of this chapter, the person injured by the fire need not allege or prove title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person injured was in the occupancy or possession of the ranch, building, improvement, fencing, timber, or other property injured and claims the right to and occupies any such cattle range with cattle.

Source: S.L. 1881, ch. 106, § 4; R.C. 1895, § 1662; R.C. 1899, § 1662; R.C. 1905, § 2069; C.L. 1913, § 2799; R.C. 1943, § 18-0808.

18-08-09. Misconduct at fires — Penalty.

1. Every person who, at any unwanted fire, disobeys the lawful orders of a public officer or firefighter, or resists or interferes with the lawful efforts of any firefighter or company of firefighters to extinguish the fire, or acts in a manner calculated to prevent the fire from being extinguished, or forbids, prevents, or dissuades others from assisting to extinguish the fire, is guilty of a class A misdemeanor.
2. As used in this section, “unwanted fire” means a fire not used for cooking, heating, or recreational purposes or one not incidental to the normal operations of the property.

Source: Pen. C. 1877, § 460; R.C. 1895, § 7316; R.C. 1899, § 7316; R.C. 1905, § 9057; C.L. 1913, § 9776; R.C. 1943, § 18-0809; S.L. 1975, ch. 106, § 161; 2019, ch. 182, § 3, effective August 1, 2019.

Cross-References.

Right of state to require service of person in protecting life and property from fires, see N.D.C.C. § 54-01-19.

18-08-10. Prohibiting sale, distribution, and possession of fire extinguishers containing certain toxic and poisonous vaporizing liquids.

No person, firm, association, partnership, corporation, or limited liability company may sell, distribute, or purchase any fire extinguisher if the extinguisher contains any of the following liquids:

Carbon tetrachloride CCl4

Chlorobromomethane CH2BrC1

Azeotropic chlormethane CM7

Dibromodifluoromethane CBr2F2

1,2-Dibromo-2-chloro-1, 1,2-trifluoroethane CBrF2CBrClF

1,2-Dibromo-2, 2-difluoroethane CH2BrCBrF2

Methyl bromide CH3Br

Ethylene dibromide CH2BrCH2Br

Hydrogen bromide HBr

Methylene bromide CH2Br2

Bromodifluoromethane CHBrF2

or any other toxic or poisonous vaporizing liquid. No fire extinguisher of a type not approved by the underwriters’ laboratories or by the factory mutual laboratories may be sold or offered for sale within the state.

Source: S.L. 1959, ch. 188, § 1; 1963, ch. 186, § 1; 1993, ch. 54, § 106.

18-08-11. Penalty.

Any person violating the provisions of section 18-08-10 is guilty of a class B misdemeanor.

Source: S.L. 1959, ch. 188, § 2; 1963, ch. 186, § 2; 1975, ch. 106, § 162.

18-08-12. Periodic fire inspection of state buildings and institutions.

1. The state fire marshal, or the state fire marshal’s designee, shall inspect annually the state penitentiary, the James River correctional center, the Missouri River correctional center, the North Dakota youth correctional center, the life skills and transition center, the state veterans’ home, and the state hospital. The inspection of all other state institutions and occupied state-owned buildings, except residential buildings, must be made by the state fire marshal, or the state fire marshal’s designee, at least once every three years. The officer in charge of the institution or building shall prepare a response to the report based upon the findings of the fire inspection. Inspection and reporting under this section for residential buildings must be performed annually. The report, which must contain specifications of any violations, must be submitted to the responsible board, agency, or commission and a copy of the response to the report must be submitted to the state fire marshal by the officer in charge of the state institution or building. All violations in the report must be corrected within the current budget of the responsible board, agency, or commission, and action to correct the violations, unless good cause can be demonstrated to the attorney general, must be initiated within thirty days of receipt of the report by the responsible board, agency, or commission.
2. For purposes of this section, a “fire inspection” is a procedure performed in accordance with standards set forth in the state building code, the fire protection code of the local jurisdiction, or the rules set forth in North Dakota Administrative Code chapter 10-07-01.
3. For purposes of this section, “residential building” includes all state-owned buildings used in whole or in part for providing overnight sleeping accommodations to one or more persons on a regular or occasional basis, except for single-family dwellings.

Source: S.L. 1979, ch. 280, § 1; 1991, ch. 116, § 20; 1995, ch. 120, § 25; 1999, ch. 50, § 36; 2001, ch. 211, § 1; 2013, ch. 226, § 1; 2019, ch. 182, § 4, effective August 1, 2019.

18-09-01. Liquefied petroleum gas defined.

The term “liquefied petroleum gas”, as used in this chapter, means and includes any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butane (normal butane or isobutane), and butylenes.

Source: S.L. 1957, ch. 164, § 1; R.C. 1943, 1957 Supp., § 18-0901.

18-09-02. State fire marshal to make rules.

The state fire marshal shall adopt rules setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storage, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of said gases and the degree thereof. The rules must be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons using such materials and must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The rules must substantially comply with national standards for the design, installation, construction of containers, and pertinent equipment for the handling and storage of liquefied petroleum gases, such as those promulgated by the international code council and the national fire protection association.

Source: S.L. 1957, ch. 164, § 2; R.C. 1943, 1957 Supp., § 18-0902; S.L. 1971, ch. 231, § 1; 1995, ch. 214, § 1; 2019, ch. 182, § 5, effective August 1, 2019.

Collateral References.

Petroleum products: liability in connection with fire or explosion incident to bulk storage, transportation, delivery, loading, or unloading of petroleum products, 32 A.L.R.3d 1169.

Liability of seller or distributor of liquid or bottled gas for injury to person or property, 41 A.L.R.3d 782.

18-09-02.1. Liquefied petroleum gas furnace or other appliance permitted in residential or commercial building.

No state agency may by rule, resolution, or ordinance prohibit the installation in the basement of any residential or commercial building of a furnace or other appliance that uses liquefied petroleum gas.

Source: S.L. 1987, ch. 260, § 1.

18-09-03. Penalty.

Any person violating any of the provisions of this chapter or of the regulations of the state fire marshal made pursuant to it is guilty of a class B misdemeanor.

Source: S.L. 1957, ch. 164, § 3; R.C. 1943, 1957 Supp., § 18-0903; S.L. 1975, ch. 106, § 163.

18-09-04. Abatement.

In addition to the penalties provided in section 18-09-03, any person, firm, or corporation who violates or remains in violation of any of the provisions hereof, or of any rule or regulation promulgated by the state fire marshal hereunder, may be directed and ordered by the state fire marshal or by the fire chief of any city or township, by notice in writing setting forth the facts relating to such violation to correct said violation. Such notice in writing must be served personally upon said person or mailed by registered or certified mail to the principal office of said person, firm, or corporation or if an individual, to the individual’s residence. If such order is not complied with and such violation not corrected within twenty days of the date of service of said order the state fire marshal or fire chief of any city or township shall file, in the district court of the county where such person or corporation may reside or have the person’s or corporation’s principal place of business or residence or where such violation occurs, a petition or complaint setting forth the facts relating to the making and serving of such order and praying for an injunction or an abatement, and the court upon notice and proper hearing shall make such determination thereof as seems necessary and proper to correct the violation and secure enforcement of said abatement order. Every order issued by the officials hereinbefore mentioned under the provisions of this section is prima facie evidence of the truth of the matters and things therein set forth. The court may issue such temporary orders pending full hearing as may seem necessary and expedient. The procedures must be as prescribed for the securing of an injunction or for the abatement of hazards in the laws of this state or under the rules and practices of the court.

Source: S.L. 1957, ch. 164, § 4; R.C. 1943, 1957 Supp., § 18-0904.

18-10-01. Petition for establishment.

Whenever sixty percent of the freeholders residing in any rural territory, equivalent in area to one township or more, elects to form, organize, establish, equip, and maintain a rural fire protection district, they shall signify such intention by presenting to the county auditor of the county or counties in which such territory is situated, a petition setting forth the desires and purposes of such petitioners. Such petition must contain the full names and post-office addresses of such petitioners; the suggested name of the proposed district, the area in square miles [kilometers] to be included therein, and a complete description according to government survey, wherever possible, of the boundaries of the real properties intended to be embraced in the proposed rural fire protection district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district and shall deposit with the county auditor a sum sufficient to defray the expense of publishing the notices required by sections 18-10-02 and 18-10-03. Provided, further, that any city located within the area, whether such city has a fire department or not, may be included in the rural fire district if sixty percent or more of the qualified electors residing therein sign such petition.

Source: S.L. 1957, ch. 165, § 1; R.C. 1943, 1957 Supp., § 18-1001; S.L. 1959, ch. 190, § 1; 1985, ch. 235, § 47.

Cross-References.

Contracts and mill levy by county for fire protection in unorganized townships, see N.D.C.C. § 18-06-11.

18-10-02. Petition — Hearing — Order.

Upon the filing of such petition in the office of the county auditor, the county auditor shall determine and certify that such petition has been signed by at least sixty percent of the freeholders whose names appear on the current tax schedules in the office of the county auditor and who appear to reside within the suggested boundaries of the proposed district. The county auditor shall thereafter designate a time and place of said petition to be heard by the board of county commissioners. Notice of such hearing must be given by publication two weeks in a newspaper of general circulation in the county, the last publication appearing at least seven days prior to said hearing; said notice must be addressed to “all persons residing in or having any interest in real or personal property located within the following boundaries” and must include a statement of the proposed boundaries as set forth in the petition; provided, that if the proposed district is situated within two or more counties, the county auditor of the county wherein the largest number of petitioners have signed shall confer with the auditor or auditors of the other county or counties concerned and shall obtain a certificate as to the adequacy of the petitions pertaining to said county or counties, and thereafter the county auditor shall designate a time and place for a hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in the manner hereinbefore provided. At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the general fire protection policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which must describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated.

Source: S.L. 1957, ch. 165, § 2; R.C. 1943, 1957 Supp., § 18-1002.

18-10-03. Notice of hearing.

Following the filing of the order of the board of county commissioners, the county auditor shall designate a time and place for a public meeting of all electors who are owners of any interest in real or personal property assessed for taxation in the district and who are residing within the boundaries of the district as fixed by the order of the board of county commissioners. Notice of such meeting must be given by publication two weeks in a newspaper of general circulation in the county, the last publication appearing at least seven days prior to said meetings; said notice must be addressed “to all electors who are owners of any interest in real or personal property assessed for taxation in the district and who are residing within the following described boundaries” and must include a description of the boundaries of the district as set forth in the order of the board of county commissioners; provided, that if the proposed district is within two or more counties, the county auditor of the county in which the greater portion of the district is to be situated shall fix the time and place for the public meeting and cause notice thereof to be published in each county in which the district is to be situated in the manner hereinbefore provided.

Source: S.L. 1957, ch. 165, § 3; R.C. 1943, 1957 Supp., § 18-1003.

18-10-04. Organization — Board of directors.

1. At the time and place fixed by the county auditor for the public meeting as provided in section 18-10-03, the electors who are owners of any interest in real or personal property assessed for taxation in the district and who are residing within the boundaries of the district may decide by majority vote of those present whether the organization of the district may be completed. Permanent organization must be effected by the election of a board of directors consisting of not less than five residents of the district, at least one of whom must represent each township by having an interest in real or personal property assessed for taxation in the township the director is representing, if the district includes more than one township. If the district is composed of more than seven townships, the board may elect to have only seven members, but no more than two members may be from any township.
2. The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice president, and a secretary-treasurer. Except as otherwise provided in this subsection, all directors and officers must be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice president must be elected as provided in this section for a one-year term, and one-half, or as close to one-half as possible depending upon the total number of directors, of the directors elected at the first election following July 1, 1969, must be selected by lot in the presence of a majority of such directors to serve one-year terms. Upon approval of a resolution by the board of directors, the office of secretary-treasurer may be filled by appointment rather than by election under this subsection. All officers shall serve without pay except the secretary-treasurer, who may be paid a salary determined by the board of directors.

Source: S.L. 1957, ch. 165, § 4; R.C. 1943, 1957 Supp., § 18-1004; S.L. 1969, ch. 224, § 1; 1979, ch. 281, § 1; 1989, ch. 262, § 1; 2003, ch. 180, § 1.

18-10-05. Regular meeting to be held.

A regular meeting of the electors who are owners of any interest in real or personal property assessed for taxation in the district and who are residing within the boundaries of a district must be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. Notice thereof must be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which such district is situated. The meeting must be held not less than seven days nor more than fourteen days after the date of publication of such notice.

Source: S.L. 1957, ch. 165, § 5; R.C. 1943, 1957 Supp., § 18-1005.

18-10-06. Powers of board of directors.

The board of directors has the following general powers:

1. To determine upon a general fire protection program for the district.
2. To make an annual estimate of the probable expense for carrying out such program.
3. To annually certify such estimate to the proper county auditor in the manner provided by section 18-10-07.
4. To manage and conduct the business affairs of the district.
5. To make and execute contracts in the name of and on behalf of the district.
6. To purchase or lease such firefighting equipment, ambulances, or other emergency vehicles, supplies, and other real or personal property as is necessary and proper to carry out the general fire protection program of the district.
7. To incur indebtedness on behalf of the district in accordance with chapter 21-03, or, with respect to this chapter, within the limits prescribed by section 18-10-08, and to authorize the issuance of evidences of such indebtedness as permitted by chapter 21-03, or, with respect to this chapter, as permitted under section 18-10-08, and to pledge any real or personal property owned or acquired by the district as security for the same.
8. To organize, establish, equip, maintain, and supervise a fire department or company to serve the district.
9. Generally to perform all acts necessary to fully carry out the purposes of this chapter.
10. In its sole discretion, to compensate the chief of the rural fire protection district for time spent in the performance of duties as the fire chief, when the board determines that the chief may suffer economic loss because of the amount of time taken from the chief’s regular employment.
11. To establish a firefighters relief association under chapter 18-05.

Source: S.L. 1957, ch. 165, § 6; R.C. 1943, 1957 Supp., § 18-1006; S.L. 1967, ch. 164, § 1; 1971, ch. 232, § 1; 1977, ch. 191, § 1; 1979, ch. 282, § 1; 1999, ch. 211, § 14.

18-10-06.1. Development of firebreaks.

The board of directors of a rural fire protection district, with other state and federal agencies, may evaluate the need for firebreaks and ensure that unprotected acreage enrolled in the conservation reserve program is dissected into approximately one-hundred-sixty-acre [64.75-hectare] containment areas for fire control. In developing plans for firebreaks, the board shall make the best possible use of existing natural and artificial barriers, such as lakes, streams, wetlands with water, ponds, clean tilled cropland, gravel pits, and roads. For purposes of this section, a firebreak means a strip of fire-retarding vegetation, no less than thirty feet [9.14 meters] nor more than fifty feet [45.72 meters] wide.

Source: S.L. 1991, ch. 221, § 1.

18-10-07. Fire protection policy to be determined — Financial report — Tax levy limit — Voter — approved levy authority.

The board of directors shall determine a general fire protection policy for the district and shall annually estimate the probable expense for carrying out the contemplated program. The annual estimate of probable expense may include an amount determined by the board of directors to be necessary to be carried over to a future year for purchase of firefighting equipment, ambulances, or other emergency vehicles. The estimate must be certified by the president and secretary to the proper county auditor or county auditors, on or before June thirtieth of each year, who shall levy a tax upon the taxable property within the district for the maintenance of the fire protection district for the fiscal year as provided by law. In the year for which the levy is sought, a board of directors of a rural fire protection district seeking approval of a property tax levy under this chapter must file with the county auditor of the counties within the rural fire district, at a time and in a format prescribed by the county auditors, a financial report for the preceding calendar year showing the ending balances of each fund held by the rural fire protection district during that year. The tax may not exceed a tax rate of five mills per dollar of the taxable valuation of property in the district except upon resolution adopted by the board of directors and approval by a majority of the qualified electors voting on the question at an annual or special meeting of electors called by the board of directors, the levy may be made in an amount not exceeding thirteen mills. If an election to approve or reauthorize an excess levy will be held at an annual or special meeting of electors of the district called by the board of directors, notice of the meeting and the proposed excess levy election must be provided by at least one publication in the official newspaper of each county in which the district is located at least seven days, but not more than fourteen days, before the date of the public meeting. The published notice must include the amount of the proposed tax rate increase in mills and the duration for which elector approval of the increase is sought and must include the location where, and hours during which, ballots may be cast.

Votes to approve or disapprove the levy increase must be cast on the date of the meeting. The polling place must remain open for at least six hours on the date of the meeting. The secretary-treasurer of the district shall prepare and distribute to qualified electors at the polling place paper ballots to conduct the election on the question of increased levy authority. Three election judges to receive and count the ballots, who are qualified electors of the district but not members of the board, must be selected at least seven days before the meeting by approval of a majority of the members of the board. A marked ballot must be delivered to one of the judges, folded to conceal its contents, the judge shall deposit it in the ballot box, and another judge shall enter the name of the elector who cast the ballot in the pollbook. When the election is closed, the judges shall count the ballots and announce the result. Results of the election must be certified by the secretary-treasurer of the district and each of the election judges to the tax commissioner and to the county auditor of each county in which the district is located within ten days after the election. The certificate must include a statement of the question as it appeared on the ballot, together with the total number of votes cast in favor, and the number of votes cast against, authorizing the excess levy.

After July 31, 2015, approval or reauthorization by electors of increased levy authority under this section may not be effective for more than ten taxable years or the period of time necessary for repayment of indebtedness incurred which was intended to be repaid from the increased levy, whichever expires later. Additional levy authority authorized by the board of directors after petition of electors before August 1, 2015, remains in effect under the provisions of law at the time the levy was authorized for the time period authorized by the electors but not exceeding ten taxable years or the period of time necessary for repayment of indebtedness incurred which was intended to be repaid from the increased levy, whichever expires later. The tax must be:

1. Collected as other taxes are collected in the county.
2. Turned over to the secretary-treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars.
3. Placed to the credit of the rural fire protection district so authorizing the same by its secretary-treasurer in a state or national bank, except amounts to be carried over to a future year for purchase of firefighting equipment, ambulances, or other emergency vehicles may be invested to earn the maximum return available.
4. Paid out upon warrants drawn upon the fund by authority of the board of directors of the district, bearing the signature of the secretary-treasurer and the countersignature of the president of the rural fire protection district.

The amount of tax levy may not exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expense, including the amount of principal and interest upon the indebtedness of the district for the ensuing year and including any amount determined by the board of directors to be necessary to be carried over to a future year for purchase of firefighting equipment, ambulances, or other emergency vehicles.

Source: S.L. 1957, ch. 165, § 7; R.C. 1943, 1957 Supp., § 18-1007; S.L. 1961, ch. 182, § 1; 1981, ch. 248, § 1; 1983, ch. 606, § 28; 1985, ch. 254, § 1; 2015, ch. 92, § 12, effective January 1, 2016; 2015, ch. 166, § 1, effective January 1, 2015; 2015, ch. 433, § 3, effective January 1, 2015; 2015, ch. 439, § 21, effective January 1, 2015.

Effective Date.

The 2015 amendment of this section by section 12 of chapter 92, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 1 of chapter 166, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

The 2015 amendment of this section by section 3 of chapter 433, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

The 2015 amendment of this section by section 21 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Note.

Section 18-10-07 was amended 4 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 21 of Chapter 439, Session Laws 2015, Senate Bill 2144; Section 12 of Chapter 92, Session Laws 2015, Senate Bill 2217; Section 3 of Chapter 433, Session Laws 2015, House Bill 1059; and Section 1 of Chapter 166, Session Laws 2015, House Bill 1056.

This section is set out above to reflect a correction from the state since the 2017 cumulative supplement. The references to “poll book” were changed to “pollbook”.

18-10-08. Indebtedness of district limited.

No district may become indebted for an amount that may not be payable from ninety percent of twenty times the current annual maximum tax levy as authorized by section 18-10-07. Within the limits herein authorized, the district has power to borrow money and to issue appropriate evidence of indebtedness thereof. No evidence of indebtedness issued under this chapter and sold at private sale may bear interest at a rate or rates and be sold at a price resulting in an average net interest cost higher than twelve percent per annum. There is no interest rate ceiling on those issues sold at public sale or to the state of North Dakota or any of its agencies or instrumentalities. No evidence of indebtedness issued under this chapter may be sold for less than ninety-eight percent of par value plus accrued interest, if any interest has accrued as of the date of delivery thereof. This section does not limit the authority of the district to incur indebtedness and issue bonds in accordance with chapter 21-03.

Source: S.L. 1957, ch. 165, § 8; R.C. 1943, 1957 Supp., § 18-1008; S.L. 1961, ch. 182, § 2; 1965, ch. 166, § 1; 1967, ch. 164, § 2; 1975, ch. 192, § 1; 1979, ch. 282, § 2; 1981, ch. 269, § 4.

18-10-09. Funds collected to be deposited.

The following must be deposited in a state or national bank to the credit of the district fund and may be drawn out only by warrant:

1. All funds collected on behalf of the district through the levy of taxes.
2. All donations, contributions, bequests, or annuities received by or on behalf of the district.
3. All borrowed money received by or on behalf of the district.

Such claim voucher must be authorized by the board of directors and must bear the signature of the treasurer and the countersignature of the president of such district. The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district. The books and accounts of the secretary-treasurer must be audited or annual reports must be filed as required by section 54-10-14.

Source: S.L. 1957, ch. 165, § 9; R.C. 1943, 1957 Supp., § 18-1009; S.L. 1961, ch. 182, § 3; 1979, ch. 102, § 5; 1979, ch. 187, § 23.

18-10-10. Rural fire department may enter into contract — Power of state and local government agencies to make contract — Reimbursement.

Any rural fire protection district may elect to enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, including ambulance or emergency vehicle services. Any rural fire protection district, or two or more districts operating in conjunction pursuant to this section, may enter into a contract with any federal, state, or local government agency for fire protection service or fire protection cooperation, including ambulance or emergency vehicle services. State and local government agencies have the power to contract for fire protection service or fire protection cooperation. Federal, state, and local government agencies shall reimburse rural fire protection districts for fire protection services provided on real property owned by such agencies. Reimbursement must be on a reasonable annual fee based on the agency’s acreage [hectarage] within the rural fire protection district, but in no event may such fee be an amount greater than if such property had been subject to property tax levies.

Source: S.L. 1957, ch. 165, § 10; R.C. 1943, 1957 Supp., § 18-1010; S.L. 1969, ch. 227, § 1; 1971, ch. 232, § 2; 1979, ch. 283, § 1.

18-10-11. Territory to be annexed.

1. Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner hereinafter provided.
2. The proceedings for the annexation, referred to in subsection 1, may be initiated by the presentation to the auditor of a petition signed by sixty percent or more of the qualified electors who are owners of any interest in real or personal property assessed for taxation in the territory to be annexed and who are residing within the boundaries of such territory stating the desires and purposes of such petitioners. The petition must contain a description of the boundaries of the territory proposed to be annexed. It must be accompanied by a map or plat and a deposit for publication costs.
3. The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of subsection 2 and that the qualified electors signing the same appear to reside within the boundaries described by such petition. Thereafter, the county auditor shall forward such petition, map or plat, and certificate to the board of directors of the district concerned.
4. Within thirty days after receiving the petition, map or plat, and certificate of the county auditor, in accordance with subsection 3, from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writing approving or disapproving the proposal contained in said petition, or approving such proposal in part and disapproving it in part.
5. If the report of the board of directors, referred to in subsection 4, disapproves the proposal, the petition must be rejected. If the report is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner prescribed by section 18-10-02. At such hearing, any person owning taxable property or residing within the boundaries of the existing district or the territory to be annexed shall have the opportunity to be heard respecting the proposed annexation.
6. The board of county commissioners shall, at or shortly after the hearing referred to in subsection 5, determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county commissioners must be set forth in a written order which must describe the boundaries determined upon and must be filed in the office of the county auditor; provided, that no area may be annexed to an existing rural fire protection district contrary to the recommendation of the board of directors of such existing district.

Source: S.L. 1957, ch. 165, § 11; R.C. 1943, 1957 Supp., § 18-1011; S.L. 1959, ch. 191, § 1; 1985, ch. 235, § 48.

18-10-12. Boundaries of rural fire protection district.

The boundaries of any rural fire protection district organized under the provisions of this chapter may be changed in the manner prescribed by sections 18-10-02 and 18-10-03, but the changes of boundaries of any such district may not impair or affect its organization or its right in or to property; nor may it impair, affect, or discharge any contract, obligation, lien, or change for or upon which it might be liable had such change of boundaries not been made.

Source: S.L. 1957, ch. 165, § 11(a); R.C. 1943, 1957 Supp., § 18-1012.

18-10-12.1. Withdrawal from rural fire protection district.

Any person having an ownership interest in property subject to a mill levy as provided for in section 18-10-07 and wishing to withdraw such property from the rural fire protection district may do so as provided in this section, subject to the following restrictions:

1. The territory to be withdrawn from the district must border on the outer boundary of the district.
2. The territory to be withdrawn from the district remains subject to and chargeable for the payment and discharge of the proportion of obligations outstanding at the time of filing the petition for the withdrawal of the territory that the taxable valuation of property in the territory to be withdrawn bears to the taxable valuation of all property within the district prior to withdrawal.
3. Mill levies imposed under section 18-10-07 remain in effect until the proportionate share of outstanding obligations are paid.
4. The proceedings for withdrawal must be initiated by the filing of a petition with the appropriate county auditor or auditors signed by the fee title holders of sixty percent of the surface acreage in the territory sought to be withdrawn and contain a description of the boundaries of the territory sought to be withdrawn and a map or plat illustrating such area.
5. The county auditor shall verify from the tax schedules and determine whether the petition complies with the requirements of subsection 4.
6. The county auditor shall determine and certify the respective percentage proportions of the taxable valuation of the territory petitioned to be withdrawn to the taxable valuation of all property in the district prior to withdrawal to the board of directors of the district concerned.
7. Within twenty days after receipt of the petition, verification, and computation of respective percentage proportions, the board of directors of the district concerned shall attach to the petition a statement of outstanding obligations of the district and shall forward the petition to the appropriate board or boards of county commissioners.
8. The board or boards of county commissioners shall, at a regular meeting, compute the indebtedness proportionately assignable to the territory sought to be withdrawn, and shall, by written order, describe the boundaries of the territory withdrawn and the indebtedness of the district assigned to the territory and subject to continued levy under section 18-10-07. The order and computation must be filed in the office of the county auditor or auditors.
9. The annual estimate required under section 18-10-07 must reflect the annual expense of retiring principal and interest upon the proportionate share of district indebtedness assigned to withdrawn territory.

Source: S.L. 1985, ch. 255, § 1.

18-10-13. County auditor to set date for hearing.

The county auditor of each county in which any rural fire protection district or districts have been organized under the provisions of this chapter, prior to the effective date of this chapter, shall forthwith designate a time and place for a hearing before the county board of such county and shall give due notice thereof in the manner prescribed by section 18-10-03. At the time and place so fixed the board of county commissioners shall meet and all persons interested shall have opportunity to be heard. Thereupon, the board of county commissioners shall consider the general rural fire protection policy for the county as a whole and shall determine the boundaries of said district or districts, whether as existing prior to such determination or otherwise, and shall make a written order of such determination which shall be filed in the office of the county auditor. Thereafter, such district or districts must be deemed to be organized and operating under the provisions of this chapter. Nothing herein contained may impair, affect, or discharge any previously existing contract, obligation, lien, or change of said district or districts.

Source: S.L. 1957, ch. 165, § 12; R.C. 1943, 1957 Supp., § 18-1013.

18-10-14. Rate of tax fixed. [Repealed]

Source: S.L. 1957, ch. 165, § 13; R.C. 1943, 1957 Supp., § 18-1014; S.L. 1979, ch. 282, § 3; 1981, ch. 248, § 2; 1983, ch. 606, § 29; repealed by 2015, ch. 439, § 104, effective January 1, 2015.

18-10-15. Payments by certain organizations.

Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any city shall pay to the board of directors of the district annually for fire protection such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy.

Funds derived from such payments must be expended by the district for firefighting supplies and equipment and the training of fire department personnel. The board of directors shall file an annual statement with the state fire marshal showing the names of persons or organizations making payments and the amounts of payments made under this section.

Source: S.L. 1961, ch. 183, § 1.

18-10-16. State fire marshal to establish rural routing systems. [Repealed]

Source: S.L. 1963, ch. 187, § 1; 2001, ch. 210, § 11; repealed by 2017, ch. 159, § 7, effective August 1, 2017.

18-10-17. Rural fire protection district — Civil immunity.

No rural fire protection district, nor any personnel of the district, acting within the scope of its authority is liable for any claim resulting from the failure to provide or maintain sufficient personnel, equipment, or other fire protection facilities; or doing any extinguishment or fire prevention work, rescue, resuscitation, or first aid; or any other official acts within the scope of official duties; provided, however, this section does not provide immunity for damages resulting from acts of gross negligence.

Source: S.L. 1987, ch. 261, § 1.

18-11-01. Alternate firefighters relief association plan.

An alternate firefighters retirement and disability plan may be implemented by a firefighters relief association in lieu of the plan provided for in chapter 18-05. Before a relief association may implement the plan provided for in this chapter, a vote must be taken among the members of that relief association to determine whether the association will adopt the plan authorized by this chapter or retain the plan established in chapter 18-05. If the members of the association vote to adopt the plan authorized by this chapter, that plan does not become operative until the city government of the community in which the fire department is located has approved the plan.

Source: S.L. 1959, ch. 187, § 1; 1991, ch. 222, § 1.

Collateral References.

Causal connection between fireman’s performance of official duties and his disability, for purpose of recovering disability benefits, 27 A.L.R.2d 974.

Relationship between fireman’s performance of his official duties and his death for purpose of recovery of benefits by survivors, 27 A.L.R.2d 1004.

Validity of legislation providing for additional retirement or disability allowances for firemen previously retired or disabled, 27 A.L.R.2d 1442.

18-11-02. Operation of association.

The firefighters relief association must be organized, operated, and maintained in accordance with its articles of incorporation and its bylaws by firefighters who are members of the fire department. The relief association may regulate and manage its own affairs and for that purpose has such corporate powers as are necessary and useful, subject to the regulations and restrictions of the laws of this state pertaining to corporations.

Source: S.L. 1959, ch. 187, § 2; 1991, ch. 222, § 2.

18-11-03. Firefighter defined.

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 or any person employed irregularly by the fire department.

Source: S.L. 1959, ch. 187, § 3; 1983, ch. 252, § 1; 1991, ch. 222, § 3.

18-11-04. Accrued rights not destroyed by plan — Transfer of funds — Records.

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, and any member of the relief association established under chapter 18-05 receiving pensions or benefits or widow or children receiving pensions or benefits shall continue to receive such pensions or benefits as are prescribed and being paid under existing association bylaws and any firefighter who is a member of an association maintained under chapter 18-05, and who becomes eligible for full pension under that association’s bylaws, may not be penalized by any conditions of this chapter. Whenever a department votes to come under the provisions of this chapter, any and all funds or accounts and all other records and property maintained by any relief association being discontinued must be transferred to the relief association being established under this chapter.

Source: S.L. 1959, ch. 187, § 4; 1991, ch. 222, § 4.

18-11-05. Application for membership.

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 certificate of a physician as required by the association’s bylaws. The application and certificate must be filed with the secretary of the association, with required fees, and thereafter the board of examiners of the association shall make an investigation and file its report concerning the application with the secretary.

Source: S.L. 1959, ch. 187, § 5; 1991, ch. 222, § 5.

18-11-06. Association may deny membership to mentally, physically unsound.

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.

Source: S.L. 1959, ch. 187, § 6.

18-11-07. Officers.

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 terms prescribed in the association’s articles of incorporation and bylaws. The board of trustees shall manage the affairs of the association. The secretary-treasurer shall furnish a corporate bond to the association for the faithful performance of the secretary-treasurer’s duties in an amount to be determined by the association. The premium on the bond must be paid by the association. The president and secretary-treasurer may be paid a fee in an amount as determined by the association.

Source: S.L. 1959, ch. 187, § 7; 1979, ch. 284, § 1; 1991, ch. 222, § 6.

18-11-08. Report of receipts and expenditures regarding state funds to be filed with state and city auditor. [Repealed]

Repealed by S.L. 1991, ch. 222, § 22.

18-11-09. Apportioning insurance tax.

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 the city in maintaining the fire department and one-half must be paid to the secretary-treasurer of the firefighters relief association. However, the governing body of the city may pay all or any portion of the amount normally disbursed in maintaining the fire department to the secretary-treasurer of the firefighters relief association if its financial condition makes that disposition necessary or advisable.

Source: S.L. 1959, ch. 187, § 9; 1979, ch. 187, § 24; 1991, ch. 222, § 7.

18-11-10. Additional city firefighters relief fund contributions.

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 firefighter as last determined and approved by the governing body of the city, for each active member of the fire department relief association.

Source: S.L. 1959, ch. 187, § 10; 1967, ch. 165, § 1; 1991, ch. 222, § 8; 2015, ch. 439, § 22, effective January 1, 2015.

Effective Date.

The 2015 amendment of this section by section 22 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

18-11-11. Levy proceeds.

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 certification by the city auditor, the city auditor shall pay over those amounts to the secretary-treasurer of the firefighters relief association.

Source: S.L. 1959, ch. 187, § 11; 1991, ch. 222, § 9.

18-11-12. Contribution by firefighters.

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 monthly salary of a first-class firefighter, until those firefighters have completed thirty years’ service with the department at which time the amount deducted may be decreased to a lesser amount to be prescribed by the bylaws of the relief association, but which may not be less than two and one-half percent of the monthly salary of a first-class firefighter. This amount must be paid to the secretary-treasurer of the relief association monthly and must be credited by the association to each firefighter individually in the state fund. All moneys paid into city pension funds prior to July 1, 1959, by firefighters participating in the plan provided for in this chapter must be paid to the secretary-treasurer of the association and credited by the association to the individual member in the state fund.

Source: S.L. 1959, ch. 187, § 12; 1991, ch. 222, § 10.

18-11-13. Association state fund — Expenditures — Investment.

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, their spouses, or the members’ beneficiaries prior to the satisfaction of all liabilities of the fund with respect to them, provided that the fund may be used to pay reasonable administration expenses of the association. The moneys received from the state, city, or employee’s salary contribution must be deposited in the association state fund and may be expended only for the purposes set forth in section 18-11-14. The relief association shall manage and control all moneys that come into its possession. Moneys in the fund may be invested in bonds of the United States, bonds of the state of North Dakota or any other state, in certificates of indebtedness of the state of North Dakota, in any bonds or certificates of indebtedness of any political subdivision of the state of North Dakota which constitute the general obligations of the issuing tax authority, or the Bank of North Dakota or any other bank or savings and loan association which is insured by the United States. The board may also invest all or part of the moneys in the fund in other investments by selecting a funding agent or agents and establish an investment agreement contract. The contract must authorize the funding agent or agents to hold and invest those moneys for the board. The moneys invested must be placed for investment only with a firm or firms whose primary endeavor is money management and only after a trust agreement or contract has been executed.

Source: S.L. 1959, ch. 187, § 13; 1967, ch. 198, § 1; 1991, ch. 222, § 11; 1995, ch. 215, § 1.

18-11-14. Disbursement of moneys from association state fund.

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 to widows and children or orphans of members or retired members;
3. The payment of the fees of the president and secretary-treasurer and the premiums on the bond of the secretary-treasurer or any other officer;
4. Funeral payments;
5. Cost of the state audit;
6. Essential postage, office supplies, and equipment;
7. Actuarial study;
8. Return of contributions to those qualified under section 18-11-20;
9. Investment contract fees;
10. Legal and accounting fees;
11. The indemnification of members of the board of trustees pursuant to section 18-11-18; and
12. Any other expenditures related to the general principles for which this chapter is established.

Source: S.L. 1959, ch. 187, § 14; 1969, ch. 228, § 1; 1991, ch. 222, § 12.

18-11-15. Service pensions — Qualifications.

1. A monthly service pension must be paid to members of the association with the following qualifications:
2. Except for members participating in a firefighters relief association paying a monthly service pension to members of the association under subsection 4 or 5, all members must serve twenty years before they are eligible for a service pension. Members participating in a firefighters relief association paying a monthly service pension to members of the association under subsection 4 or 5 must serve ten years before they are eligible for a service pension. However, any member who has twenty years of service or ten years of service with a firefighters relief association paying a monthly service pension to members of the association under subsection 4 or 5, and who has not attained retirement age may retire from the department without forfeiting the right to a service pension. The association, in its bylaws, may establish a retirement age of not less than fifty years, at which time the service pension becomes payable. This retirement age may be established for all firefighters or classes of firefighters by birth dates. A person who has served twenty years or ten years with a firefighters relief association paying monthly service pensions to members of the association under subsection 4 or 5 and who is separated from service must, upon application, be placed on the deferred pension roll of the association, and after reaching retirement age, the association shall, upon application therefor, pay the service pension from the date the member attains eligibility at a rate of forty percent of the monthly salary of a first-class firefighter as determined on January first of the year in which the pension is paid. Any person making such application waives all other rights, claims, or demands against the association for any cause, except those causes that may have arisen from, or that may be attributable to, the person’s service on the fire department.
3. With the consent of the governing body of the city involved, and in substitution for the pension payment schedule provided in subsection 1, a firefighters relief association shall pay a monthly service pension to members of the association with the following qualifications, the following amounts:
4. With the consent of the governing body of the city involved, and in substitution for the pension payment schedule provided in subsection 1 or 3, a firefighters relief association shall pay a monthly service pension to members of the association with the following qualifications, the following amounts:
5. With the consent of the governing body of the city involved, upon the advice of its actuary that the pension schedule can be implemented on an actuarially sound basis and notification to the legislative management’s employee benefits programs committee, and in substitution for the pension payment schedule provided in subsection 1, 3, or 4, a firefighters relief association shall pay a monthly service pension to members of the association with the following qualifications, the following amount:
6. Benefits with respect to a member may not exceed the maximum benefits specified under section 415 of the Internal Revenue Code; 26 U.S.C. 415 for governmental plans. This section does not constitute an election under section 415(b)(10)(C) of the Internal Revenue Code; 26 U.S.C. 415(b)(10)(C).

Years ofservice Years ofage atretirement Percent of first-classfirefighter’s monthly salaryon January first during yearthe pension is paid 20 50 40% 21 51 42% 22 52 44% 23 53 46% 24 54 48% 25 55 50% 26 56 52% 27 57 54% 28 58 56% 29 59 58% 30 60 60%

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Years ofservice Years ofage Percent of first-classfirefighter’s monthly salaryon January first during yearthe pension is paid 20 50 40% 21 51 42% 22 52 44% 23 53 46% 24 54 48% 25 55 50% 26 56 52% 27 57 54% 28 58 56% 29 59 58% 30 60 60%

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Years ofservice Years ofage Percent of first-classfirefighter’s monthly salaryon January first during yearthe pension is paid 10 50 20% 11 50 22% 12 50 24% 13 50 26% 14 50 28% 15 50 30% 16 50 32% 17 50 34% 18 50 36% 19 50 38% 20 50 40% 21 51 42% 22 52 44% 23 53 46% 24 54 48% 25 55 50% 26 56 52% 27 57 54% 28 58 56% 29 59 58% 30 60 60%

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Years ofservice Years ofage Percent of first-classfirefighter’s monthly salaryon January first during yearthe pension is paid 10 50 20% 11 50 22% 12 50 24% 13 50 26% 14 50 28% 15 50 30% 16 50 32% 17 50 34% 18 50 36% 19 50 38% 20 50 40% 21 51 43% 22 52 46% 23 53 49% 24 54 52% 25 55 55% 26 56 58% 27 57 61% 28 58 64% 29 59 67% 30 60 70%

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Source: S.L. 1959, ch. 187, § 15; 1971, ch. 233, §§ 1, 2; 1979, ch. 284, § 2; 1991, ch. 222, § 13; 1995, ch. 215, § 2; 1995, ch. 216, § 1; 1997, ch. 204, § 1; 2009, ch. 482, § 15.

18-11-15.1. Purchase of legislative service credit.

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 required member assessments and the employer contributions for that period of time plus interest as established by the board of trustees of the association. Service credit for legislative sessions prior to July 1, 1985, must be purchased before January 1, 1986. Service credit for each later legislative session must be purchased within one year after the adjournment of that legislative session.

Source: S.L. 1985, ch. 587, § 2; R.M. disapproved December 5, 1989, S.L. 1991, ch. 740; S.L. 1991, ch. 222, § 14.

18-11-16. Disability pensions — Qualifications.

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 that the pension is being paid, unless that member is eligible for a larger service pension in which case the member shall draw an amount equal to the member’s service pension. No member shall receive a disability pension unless the member is disabled for a period of at least seven consecutive days, at which time the member must be paid from the time of disability. However, a member may not receive a disability pension for the days the member was reimbursed by the city for accumulated sick leave.

Source: S.L. 1959, ch. 187, § 16; 1967, ch. 198, § 2; 1991, ch. 222, § 15.

Cross-References.

Compensation benefits, see N.D.C.C. § 65-06-03.

18-11-17. Pensions to surviving spouses and children of deceased members.

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 deceased was on the payroll of the fire department or who were born within nine months after the decedent was withdrawn from the payroll of that fire department, or both such surviving spouse and such children, then such surviving spouse and children are entitled to a monthly pension as follows:

1. If the deceased leaves only a surviving spouse, a pension in the sum of forty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid to the surviving spouse, during such spouse’s natural life or until such spouse remarries.
2. If the deceased leaves both a surviving spouse and children, a monthly pension to the surviving spouse in the sum of forty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid, for the rest of the surviving spouse’s natural life or until such spouse remarries, and to the parent or guardian of any children under the age of eighteen years of age there must be paid monthly twenty percent of a first-class firefighter’s monthly salary to be divided equally among such children.
3. If the deceased leaves only children, a monthly pension must be paid to the guardian of such child or children for such child or children in the sum of sixty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid, to be divided equally among such children; provided, however, that if there is only one surviving child, that child shall receive a sum equal to forty percent of a first-class firefighter’s monthly salary. All pensions to child or children shall terminate when the child or children reach the age of eighteen years.
4. As used in this section, the term “child” means:
   1. The natural or adopted child of a firefighter; or
   2. The natural or adopted child of a firefighter’s surviving spouse or former spouse who is designated in writing by the firefighter as a child beneficiary under this section on a form supplied by the relief association.

Source: S.L. 1959, ch. 187, § 17; 1983, ch. 172, § 33; 1991, ch. 222, § 16.

Collateral References.

Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 A.L.R.3d 644.

18-11-18. Reduction in benefits if funds not sufficient.

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 benefits for active and inactive members and their beneficiaries, the board of trustees of the association, by majority vote, may decrease the benefits provided for in sections 18-11-15, 18-11-16, and 18-11-17 in accordance with actuarial recommendations to assure the solvency of the fund and subject to the following conditions:

1. The benefit for existing and future retirees and pension recipients may not be less than the benefit paid in the previous calendar year to an existing retiree of similar status.
2. The reduction must be based upon actuarial recommendations which take into consideration pension benefit standards for similarly funded plans.
3. When the balance of the association’s state fund, together with future contributions by active members, and contributions by the state, or the city, or both, and earnings thereon, are sufficient to provide future prescribed benefits for active and inactive members and their beneficiaries, benefits shall again be paid as prescribed by sections 18-11-15, 18-11-16, and 18-11-17 if such action is recommended after actuarial study and the action is approved by a majority vote of the board of trustees of the association.

Decisions of the board of trustees, made in good faith and based upon actuarial recommendations with respect to benefit adjustments under this section, are final and supersede any previous actions or bylaws of the association. The members of the board of trustees must be indemnified from the funds of the association for any claims or expenses of defending claims arising from decisions made in good faith and based upon actuarial recommendations under this section.

Source: S.L. 1959, ch. 187, § 18; 1971, ch. 233, § 3; 1979, ch. 284, § 3; 1985, ch. 256, § 1; 1991, ch. 222, § 17.

18-11-19. Fund based upon actuarial tables — Treatment of forfeitures.

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 benefit forfeitures of a member resulting from the application of any provisions of this chapter may be applied to increase the benefits a member would otherwise receive.

Source: S.L. 1959, ch. 187, § 19; 1995, ch. 215, § 5.

18-11-20. Members withdrawing from association — Members in military service.

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 than fifty percent nor more than one hundred percent of the member’s contributions paid to the association without interest. Any benefits already received by that member must be deducted from the amount which would be returned to the member. Any applicant for a service pension who, subsequent to entry into the service of such fire department, has served in the military forces of the United States, may not have the period of that military service deducted in the computation of the period of service herein provided for, but that military service must be construed and counted as a part and portion of the member’s active duty in that fire department. However, that credit for military service may not exceed five years. Any such member, who was a full-time regular firefighter at the time of the member’s entry into the armed services and who seeks credit for that military service, shall, upon return to employment in the fire department, pay into the pension fund for each year of military service the same amount of money as the member would have contributed from the member’s salary had the member been in the continuous employment of the department.

Source: S.L. 1959, ch. 187, § 20; 1965, ch. 167, § 1; 1969, ch. 228, § 2; 1991, ch. 222, § 18.

18-11-21. Money received under pension not subject to legal process — Assignments.

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 recognize any assignment or pay over any sum which has been assigned.

Source: S.L. 1959, ch. 187, § 21; 1991, ch. 222, § 19.

18-11-22. Examination of relief association records — Report of unauthorized spending to governor — Duty of governor.

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 expended for unauthorized purposes, the state auditor shall report the facts to the governor. Thereupon, the governor shall direct the office of management and budget to refuse to issue any warrants for the benefit of the fire department or relief association of the municipality in which such association is organized until it appears to the state auditor, who shall report the fact to the governor, that all moneys wrongfully expended have been replaced. The governor may take such further action as the emergency may demand.

Source: S.L. 1959, ch. 187, § 22; 1969, ch. 229, § 1; 1979, ch. 187, § 25; 1987, ch. 262, § 1; 1991, ch. 222, § 20; 1999, ch. 106, § 5.

18-11-23. Funeral benefits.

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.

Source: S.L. 1959, ch. 187, § 23; 1971, ch. 233, § [4]; 1991, ch. 222, § 21.

18-11-24. Commencement of benefits.

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 seventy and one-half or the calendar year in which the member terminates employment. In any case in which a lump sum death benefit is payable to a deceased member’s beneficiary, the benefit must be paid no later than sixty days following the member’s date of death.
2. The member’s entire interest in the plan must be distributed over the life of the member or the lives of the member and a designated beneficiary, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and the designated beneficiary.
3. When a member dies after distribution of benefits has begun, the remaining portion of the member’s interest must be distributed at least as rapidly as under the method of distribution prior to the member’s death.
4. When a member dies before distribution of benefits has begun, the entire interest of the member must be distributed within five years of the member’s death. The five-year payment rule does not apply to any portion of the member’s interest that is payable to a surviving spouse payable over the life or life expectancy of the spouse and which begins no later than the date the member would have reached age seventy and one-half.
5. The benefits payable must meet the minimum distribution incidental benefit requirements of section 401(a)(9)(G) of the Internal Revenue Code; 26 U.S.C. 401(a)(9)(G).

Source: S.L. 1995, ch. 215, § 3.

18-11-25. Vesting on plan termination.

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.

Source: S.L. 1995, ch. 215, § 4.

18-11-26. Service pensions — Formulation of optional plan.

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. Retirement date is the first day of the month next following the month in which the member attains the age of fifty-five years.
2. Retirement benefits for members reaching the retirement date equal an annual amount, payable monthly, comprised of a service benefit that equals two and fifty hundredths percent of final salary at the time of the member’s retirement multiplied by the number of years of service employment up to a maximum of thirty years. For purposes of this subsection, final salary for a first-class firefighter is the final salary at the time of the member’s retirement and for officers or members of higher rank is the average salary for the last five years of employment. As used in this subsection, salary does not include overtime or longevity payments.
3. Upon termination of employment after completing ten years of eligible employment but before the retirement date, a member is eligible to receive deferred vested retirement benefits payable commencing on the retirement date equal to one hundred percent of the member’s accrued benefits.
4. Members participating in a firefighters relief association paying a monthly service pension to members of the association under this section must serve ten years before they are eligible for a service pension.
5. Members participating in a firefighters relief association who have been active members for at least one year, and who are not receiving salary or accumulated sick leave from the city and who are unable, because of physical or mental disability, to perform the duties of a firefighter, are eligible to receive a disability pension from the association. Disability benefits are not payable for a disability that occurs in a firefighter’s first year of membership in the association. The disability pension amount is equal to a percentage of the monthly salary of a first-class firefighter on January thirty-first of the year that the pension is paid, unless the member is eligible for a larger service pension, in which case the member is entitled to draw an annual pension amount equal to the member’s service pension. The percentage of the monthly salary of a first-class firefighter which is payable as a disability pension is dependent upon the member’s years of service as follows:
6. Upon the recommendation of the association’s actuary, a firefighters relief association may provide a thirteenth check to pensioners and beneficiaries under the plan. Payment of the thirteenth check is contingent upon portfolio performance as determined by the association’s actuary and may not be issued without approval of the actuary.

Years ofCompleted Service MaximumPercentage 0 0% 1 10% 2 20% 3 30% 4 40% 5 50%

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Benefits may not be increased by reason of increases in salary of a first-class firefighter occurring after the initial calculation of pension benefits. The payments must remain fixed, except the benefit earned by years of service computation. If a member is receiving workforce safety and insurance benefits or other similar benefits, the sum of the member’s disability pension payable from the association and amounts received in workforce safety and insurance benefits or other similar benefits may not be greater than one hundred percent of the monthly salary of the member at the time the member’s disability began. However, when a member is no longer receiving workforce safety and insurance benefits or other similar benefits, the member’s disability pension is payable in the amount as determined under this subsection without regard to workforce safety and insurance benefits or other similar benefits, including the greater of the amount of the disability pension or the service pension, if applicable.

Source: S.L. 1999, ch. 212, § 1; 2001, ch. 212, § 1; 2003, ch. 561, § 3.

18-11-27. Optional plan postretirement adjustments. [Repealed]

Expired pursuant to S.L. 1999, ch. 212, § 4.

18-11-28. Service, disability, and survivor pensions — Formulation of optional plan.

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 adopt a monthly service pension plan, disability pension for members, and pensions for survivors of deceased members of the association as provided in this section.

1. Normal retirement date. Normal retirement date for a service pension is the first day of the month coincident with or next following the member’s attainment of age fifty-five and the completion of ten years of service.
2. Service pensions. A member retiring on or after the member’s retirement date is entitled to receive a monthly benefit beginning following the member’s actual retirement and continuing for the member’s lifetime as specified in subsection 7. The benefit amount is equal to two and fifty hundredths percent of average final compensation, times years of service, up to a maximum of seventy-five percent.
3. Termination benefits. If a member terminates the member’s employment as a firefighter, either voluntarily or by discharge, and is not eligible for any other benefits, the member is entitled to the following:
   1. Nonvested termination. If the member has less than ten years of credited service upon termination, the member is entitled to a refund of the member’s accumulated contributions, payable in a single lump sum payment. Any benefits already received by the member from the association must be deducted from this payment. Upon return of the member’s accumulated contributions, all of the member’s rights and benefits under the plan are forfeited and terminated. Upon any re-employment, a firefighter may not receive credit for years or completed months of service for which the firefighter has withdrawn the firefighter’s accumulated contributions from the plan, unless the firefighter repays into the plan the contributions the firefighter has withdrawn, with interest, as determined by the board, within ninety days after the firefighter’s re-employment. A member may voluntarily leave the member’s accumulated contributions in the plan for a period of five years after leaving the employ of the department pending the possibility of being re-employed as a firefighter, without losing credit for the time that the member was a member of the plan. If a member who is not vested is not re-employed as a firefighter with the department within five years, the member’s accumulated contributions must be returned. During this period, the member is not entitled to any benefits under subsection 4 or 5.
   2. Vested termination. If the member has ten or more years of service upon termination, the member is entitled to a monthly retirement benefit, determined in the same manner as a service pension, and based upon the member’s service and the applicable pay in effect at the time of termination. The monthly benefit amount commences upon application by the member, at the member’s normal retirement age. Alternatively, upon the member’s request, the member’s accumulated contributions must be returned to the member. Following payment under such election, neither the member nor the member’s beneficiaries or estate is entitled to any future benefit payments from the fund.
4. Disability pensions.
   1. Eligibility. An active member who becomes disabled before the member’s normal retirement date is eligible to receive a disability pension.
   2. The disability benefit is determined as follows:
      1. Benefit amount. The monthly benefit under the disability pension equals ten percent times the member’s years of credited service, up to a maximum of fifty percent times the monthly salary of a top paid firefighter for the year that the first benefit is paid, reduced as described in this paragraph. When a member eligible to receive a disability pension attains the member’s normal retirement date, the member’s monthly benefit equals the greater of the disability pension after adjustment for other income or the service pension. If the service pension is greater, the disability benefit must cease and the member must be treated in all respects as a service pensioner.
      2. Adjusted for other income before age sixty-five. The disability pension amount must be reduced by one dollar for every “excess dollar”. “Excess dollar” is the sum of earned income plus payments by the association, plus other insurance payments, less the salary of a top paid firefighter on January thirty-first of the year that the excess dollar amount is determined. This reduction must be redetermined each year. For purposes of this provision, earned income is all income reported or reportable for federal income tax purposes, excluding passive income, but including wages, salary, commissions, and similar pay from any gainful work, including partnership profits when applicable. For purposes of this provision, passive income is interest, rent, receipts, inheritance payments, private disability insurance, or other payments not related to wages. Other insurance payments received by a disabled member of the association for disability must be included in the excess dollar calculation without any reduction for taxes or other miscellaneous payments. For purposes of this provision, insurance includes disability benefits provided by the city or under workers’ compensation or similar legislation, as well as primary and dependent disability benefits provided under social security. Any lump sum payment attributable to wages or insurance payments received by the member will be prorated over the period of time for which the payment is intended to provide benefits.
      3. Adjustment for other income ceases after age sixty-five. The “excess dollar” becomes zero and the association no longer has the right nor the responsibility to determine the excess dollar calculation for that disabled member of the association.
   3. Determination of benefit amount by board. Every disabled member of the association who disagrees with the findings of the association with regard to the benefit calculation may have the calculation determined by an independent third party in an arbitration process, the results of which are final. The association has the right and responsibility to all active members to determine the excess dollar calculation for each disabled member of the association. Any attempt to fraudulently receive benefits under this section by misrepresenting a physical condition or withholding information affecting benefit payments may be cause for dismissal from the association and immediate suspension of all benefit payments, current or future.
   4. Application for benefit. All applications for pensions must be made on forms furnished by the association. Applicants shall answer all questions under oath and furnish such evidence as the board requests. Should any doubt arise in regard to the existence of disability, the matter must be referred to three physicians, one to be chosen by the applicant, one to be chosen by the board, and the two physicians so selected shall choose a third physician. In such case, the three physicians thus chosen shall examine the applicant and report to the board.
   5. Suspension of disability pension pending proof of income. A disabled member shall provide proof of earned income to the association by April fifteenth each year. The proof provided must be in the form of earned income reported to the internal revenue service. If a disabled member is unable to provide proof of earned income by April fifteenth each year, the excess dollar amount is presumed sufficient to reduce the disability pension to zero dollars until the association receives adequate information to accurately determine the excess dollar amount. The association shall pay a disabled member the disability pension amount that was suspended, up to twelve months, in one lump sum once earned income information is received and the association accurately determines the amount owed to the disabled member.
5. Optional forms of payment.
   1. Normal form of benefit. For a member married at retirement, the normal form of payment of the service pension or deferred vested pension is a monthly payment for the member’s lifetime, with fifty percent of this amount payable to the member’s surviving spouse. For a member who is not married at retirement, the normal form of payment is a monthly payment for the member’s lifetime, with no survivor payments, but actuarially adjusted as described in subdivision b as if the member were married to a spouse of the same age.
   2. Optional forms of benefits. In place of the normal form of benefit provided in subdivision a, a member may elect to receive an actuarially equivalent benefit, based on the factors provided in subsection 8, in one of the following optional forms of payment:
      1. Life annuity. A monthly benefit payable for the member’s lifetime only, with no survivor benefits payable.
      2. Certain and life annuity. A monthly benefit payable for the member’s lifetime, but with one hundred twenty payments guaranteed. If the member dies before receiving one hundred twenty payments, monthly payments will be made to the member’s designated beneficiary or estate until one hundred twenty payments have been paid.
      3. Joint and survivor annuity. A monthly benefit payable for the member’s life, plus payments equal to seventy-five percent or one hundred percent of this benefit amount to the member’s spouse following the member’s death. Under this option, the surviving spouse is the member’s spouse at the time of retirement. If the spouse dies before the member, no benefits will be paid to a survivor following the member’s death.
   3. Benefit selection. A member may select one of the optional forms of payment in subdivision b during the ninety days prior to the member’s actual retirement, or upon attaining normal retirement age, on a form provided by the board. The selection may be changed at any time before cashing or depositing the first retirement payment. Consent of the member’s spouse is not required to select or change an optional benefit form. A member may change the beneficiary designated under the certain and life payment form at any time prior to the member’s death by filing a new selection form with the board. The beneficiary’s consent is not required. If a member dies after having completed and filed a selection form with the board, but before actually retiring, the board shall direct that payments be made as if the member had retired on the member’s date of death and had selected the optional payment indicated in the member’s form. If a member dies after reaching normal retirement age without having completed a selection form, the board shall direct that payments be made as if the member had retired on the member’s date of death, and had selected the joint and one hundred percent survivor optional payment form if the member was married on the member’s date of death, or the certain and life form if the member was not married. If the member’s spouse dies after the member has filed forms with the board selecting a joint and survivor benefit form, but before cashing or depositing the first retirement payment, and if the member does not file a revised selection form, the board shall direct that payments be made under subdivision a, providing for payments to a member who is not married at retirement.
6. Preretirement death benefits.
   1. Surviving spouse benefits. If a vested active or vested deferred member dies before retirement, a pension in the sum of fifty percent of the amount of the disability pension, or if greater, fifty percent of the deferred vested pension, the member would have been entitled to on the date of death must be paid to the surviving spouse for the period of the spouse’s natural life.
   2. Children’s benefit. If a vested active or vested deferred member dies before retirement, a monthly benefit must be paid to the member’s surviving children until age nineteen, or until completion of high school, whichever occurs first. The benefit amount to be shared among the children is equal to a percentage of the top paid firefighter’s monthly salary on January thirty-first of the year the benefit is paid. The percentage is determined based on the number of children at the time of each benefit payment and whether the children’s parent is alive. If the children’s surviving parent is alive, the percentage is twenty percent. If no parent survives, and there is more than one child, the percentage is sixty percent. If there is no parent and only one child, the percentage is forty percent. Children who were living while the deceased was on the payroll of the department, or who were born within nine months after the decedent was withdrawn from the payroll of the department, are eligible for this benefit.
   3. Minimum benefit. When an active member who is not yet vested dies, the member’s beneficiaries designated on forms provided by the pension association or the member’s estate, in case this form has not been filed with the association, or in case the designated beneficiaries do not exist or cannot be found within six months of the date of death, shall receive in addition to the funeral benefit, a sum equal to what the member has contributed to the association, less the amount of any benefits received by the active member or the member’s beneficiaries or estate.
7. Commencement of benefits.
   1. Payment of benefits. Monthly benefit payments must be distributed on the last day of each month. For service or deferred pensions, the first payment must be prorated to equal the total monthly benefit earned, times the number of days in the month following actual retirement, divided by the total number of days in the month. Benefits payable to the surviving beneficiary of a retired member who had been receiving payments commence in the month following the retired member’s death. Benefits payable to the surviving spouse or children of a member who dies before retirement must be similarly prorated based on the date of death of the active or deferred member. The final monthly benefit paid in the month a retired member dies, a surviving beneficiary dies, or a surviving beneficiary ceases to be eligible for benefits must be paid on the last day of the month of death or termination of eligibility and must equal a full monthly payment with no reduction or proration.
   2. Mandatory commencement of benefits. Notwithstanding any provision in this section to the contrary, benefits payable under the plan are subject to the following:
      1. A member’s benefits may not commence later than April first of the calendar year following the later of the calendar year in which the member attains age seventy and one-half and the calendar year in which the member terminates employment. If a lump sum death benefit is payable to a deceased member’s beneficiary, the benefit must be paid no later than sixty days following the member’s date of death.
      2. The member’s entire interest in the plan must be distributed over the life of the member or the lives of the member and a designated beneficiary, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and designated beneficiary.
      3. When a member dies after distribution of benefits has begun, the remaining portion of the member’s interest must be distributed at least as rapidly as under the method of distribution prior to the member’s death.
      4. When a member dies before distribution of benefits has begun, the entire interest of the member must be distributed within five years of the member’s death. The five-year payment rules do not apply to any portion of the member’s interest which is payable to a surviving spouse payable over the life or life expectancy of the spouse and which begins no later than the date the member would have reached age seventy and one-half.
      5. The benefits payable must meet the minimum distribution incidental benefit requirements of section 401(a)(9)(G) of the Internal Revenue Code.
8. Actuarial equivalence — optional forms of benefit. To determine the amount of the monthly payment under the life-only and certain and life optional forms permitted under subsection 5, multiply the normal monthly benefit amount by the following factors:

Life-only benefit: 1.043

Certain and life benefit: 1.030

To determine the amount of the monthly payment under the alternative joint and survivor optional forms permitted under subsection 5, multiply the normal monthly benefit amount by the following factors based on the difference in age between the member and the member’s spouse, using the member’s and spouse’s ages as of the member’s and spouse’s most recent birthdays.

If the member is the same age as the spouse, use the following factors:

Joint and seventy-five percent survivor: 0.980

Joint and one hundred percent survivor: 0.960

If the spouse is not the same age as the member, use the following factors:

If the Spouse Is Younger: Age Difference Joint and Survivor 75% Joint and Survivor 100% If the Spouse Is Older: Age Difference Joint and Survivor 75% Joint and Survivor 100% 1 0.979 0.959 1 0.980 0.960 2 0.978 0.957 2 0.981 0.962 3 0.977 0.956 3 0.981 0.964 4 0.976 0.954 4 0.982 0.965 5 0.976 0.952 5 0.983 0.967 6 0.975 0.951 6 0.984 0.969 7 0.974 0.949 7 0.985 0.970 8 0.973 0.948 8 0.986 0.972 9 0.973 0.947 9 0.986 0.973 10 0.972 0.945 10 0.987 0.975 11 0.971 0.944 11 0.988 0.976 12 0.971 0.943 12 0.989 0.978 13 0.970 0.942 13 0.989 0.979 14 0.969 0.940 14 0.990 0.980 15 0.969 0.939 15 0.991 0.982

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Source: S.L. 2009, ch. 195, § 1; 2015, ch. 167, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 167, S.L. 2015 became effective August 1, 2015.

18-12-01. Application.

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 higher education.

Source: S.L. 1961, ch. 179, § 1.

18-12-02. Definitions.

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.

Source: S.L. 1961, ch. 179, § 2.

18-12-03. Plans and specifications.

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 superintendent of public instruction or state board of higher education. Private school plans and specifications must be submitted directly to the state fire marshal and the chief of the fire department or fire protection district with jurisdiction for approval.

Source: S.L. 1961, ch. 179, § 3; 2017, ch. 159, § 4, effective August 1, 2017.

18-12-04. Employment of registered architects and engineers.

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 engineers registered in this state. The architect or engineer is legally responsible for designing the building in accordance with the provisions of this chapter of adequate strength so as to resist fire, and constructing the building in a workmanlike manner, according to the plans and specifications as approved. School district projects are subject to the approval requirements of section 15.1-36-01 and projects involving institutions of higher education under the control of the state board of higher education are subject to the approval requirements of chapter 15-10.

Source: S.L. 1961, ch. 179, § 4; 1975, ch. 193, § 1; 1997, ch. 353, § 1; 2011, ch. 151, § 3.

Effective Date.

The 2011 amendment of this section by section 3 of chapter 151, S.L. 2011 became effective July 1, 2011, pursuant to an emergency clause in section 5 of chapter 151, S.L. 2011.

18-12-05. State fire marshal.

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 construction to notify the state fire marshal and the chief of the fire department or fire protection district when the building has been completed.

Source: S.L. 1961, ch. 179, § 5; 2017, ch. 159, § 5, effective August 1, 2017.

18-12-06. Construction requirements.

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

Source: S.L. 1961, ch. 179, § 6; 1963, ch. 188, § 1; 1985, ch. 257, § 1.

18-12-07. Shops and industrial arts. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-08. Auditorium stage area protection. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-09. Corridors. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-10. Exits. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-11. Stairways. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-12. Interior finish. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-13. Fire extinguishers. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-14. Storage rooms — Ordinary combustibles. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-15. Storage rooms — Flammable liquids and dangerous chemicals. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-16. Fire alarm systems.

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.

Source: S.L. 1961, ch. 179, § 16; 2019, ch. 182, § 6, effective August 1, 2019.

18-12-17. Sprinklers. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-18. Heating plant rooms. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-19. Incinerators. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-20. Ventilation. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-21. Hot water. [Repealed]

Repealed by S.L. 1985, ch. 257, § 4.

18-12-22. Gas.

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 laboratory proper should be kept under lock and key.

A shutoff valve must be provided outside the building.

All gas heaters must be vented unless approved by the state fire marshal.

All liquefied petroleum gas, or bottled gas, installations must be in accordance with the state regulations for such use. When such gas supply lines are placed in tunnels, they must be without joints and the tunnels must have forced ventilation, except when the length of the line does not exceed the width of the tunnel ventilation does not have to be provided.

Source: S.L. 1961, ch. 179, § 22.

18-12-23. Electrical.

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 state electrical board upon referral by the superintendent of public instruction, the state board of higher education, and the state fire marshal, and complete inspection service with final certificate of compliance covering the electrical installation must be made by the same agency or by the local inspection authority where available.

All educational facilities must be provided with exit marking, illumination of means of egress, and emergency lighting as provided for within the N.F.P.A. Life Safety Code, standard 101 edition, corresponding to that of the state building code as defined in section 54-21.3-03.

Source: S.L. 1961, ch. 179, § 23; 1985, ch. 257, § 2.

18-12-24. Change of occupancy.

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.

Source: S.L. 1961, ch. 179, § 24.

18-12-25. Reference data.

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 association.

Source: S.L. 1961, ch. 179, § 25; 1985, ch. 257, § 3; 1989, ch. 263, § 1; 2001, ch. 484, § 1; 2017, ch. 159, § 6, effective August 1, 2017; 2019, ch. 182, § 7, effective August 1, 2019.

18-13-01. Definitions. [Contingent expiration date – See note]

In this chapter, unless the context otherwise requires:

1. “Agent” means any person authorized by the attorney general 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 tobacco.
3. “Manufacturer” means:
   1. Any person that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced which the person intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer;
   2. The first purchaser that intends to resell in the United States cigarettes manufactured that the original manufacturer or maker does not intend to be sold in the United States; or
   3. Any person that becomes a successor of a person described in subdivision a or b.
4. “Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability values stated in subdivision f of subsection 1 of section 18-13-02 for all test trials used to certify cigarettes in accordance with this chapter.
5. “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.
6. “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
7. “Sale” means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement to do the same. The term includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money.
8. “Sell” means to sell or to offer or agree to sell.
9. “Wholesale dealer” means any person that sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person that owns, operates, or maintains a cigarette or tobacco product vending machine in, at, or upon premises owned or occupied by any other person.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-01. Definitions. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-02. Test method and performance standard — Penalty. [Contingent expiration date – See note]

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 in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with section 18-13-03, and the cigarette has been marked in accordance with section 18-13-04.
   1. Testing of cigarettes must be conducted in accordance with the American society of testing and materials standard E2187-04, “standard test method for measuring the ignition strength of cigarettes”.
   2. Testing must be conducted on ten layers of filter paper.
   3. No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests must comprise a complete test trial for each cigarette tested.
   4. The performance standard required by this section must be applied only to a complete test trial.
   5. Written certifications must be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the international organization for standardization, or other comparable accreditation standard required by the state fire marshal.
   6. A laboratory conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value may not be greater than nineteen hundredths.
   7. This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.
   8. Testing performed or sponsored by the state fire marshal to determine a cigarette’s compliance with the performance standard required must be conducted in accordance with this section.
2. Each cigarette listed in a certification submitted pursuant to section 18-13-03 which uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, at least two bands must be located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
3. A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in subdivision a of subsection 1 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subdivision c of subsection 1, the manufacturer may employ the test method and performance standard to certify the cigarette pursuant to section 18-13-03. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this section, the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section apply to the manufacturer.
4. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make those copies available.
5. The state fire marshal may adopt a subsequent American society of testing and materials standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with American society of testing and materials standard E2187-04 and the performance standard in subdivision c of subsection 1.
6. The state fire marshal shall review the effectiveness of this section and report each interim to the legislative management the state fire marshal’s findings and any recommendation for legislation to improve the effectiveness of this chapter.
7. The requirements of subsection 1 may not prohibit:
   1. Wholesale or retail dealers from selling their existing inventory of cigarettes after July 31, 2010, if the wholesale or retail dealers can establish that the inventory was purchased before August 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or
   2. The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, “consumer testing” means an assessment of cigarettes which is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of those cigarettes, utilizing only the quantity of cigarettes which is reasonably necessary for the assessment.
8. This chapter must be interpreted and construed to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws as of the date this chapter is enacted.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-02. Test method and performance standard — Penalty. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-03. Certification and product change. [Contingent expiration date – See note]

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 forth in subdivision c of subsection 1 of section 18-13-02.
2. Each cigarette listed in the certification must be described with the following information:
   1. Brand or trade name on the package;
   2. Style, such as light or ultra light;
   3. Length in millimeters;
   4. Circumference in millimeters;
   5. Flavor, such as menthol or chocolate, if applicable;
   6. Filter or nonfilter;
   7. Package description, such as soft pack or box;
   8. Marking approved in accordance with section 18-13-04;
   9. The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
   10. The date that the testing occurred.
3. The certifications must be made available to the attorney general for purposes consistent with this chapter and the state tax commissioner for the purposes of ensuring compliance with this section.
4. Each cigarette certified under this section must be recertified every three years.
5. For each cigarette listed in the certification or recertification, a manufacturer shall pay to the state fire marshal an initial fee of two hundred fifty dollars. The state fire marshal may adjust this fee annually to ensure the fee defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.
6. There is established in the state treasury a special fund to be known as the Reduced Cigarette Ignition Propensity and Firefighter Protection Act enforcement fund. The fund must consist of all certification fees submitted by manufacturers, and, in addition to any other moneys made available, be available pursuant to legislative appropriation, to the state fire marshal solely to support processing, testing, enforcement, and oversight activities under this chapter.
7. If a manufacturer has certified a cigarette under this section and makes any change to the cigarette which is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in section 18-13-02 and maintains records of that retesting as required by section 18-13-02. Any altered cigarette that does not meet the performance standards set forth in section 18-13-02 may not be sold in this state.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-03. Certification and product change. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-04. Marking of cigarette packaging. [Contingent expiration date – See note]

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:
   1. Modification of the product uniform product code to include a visible mark printed at or around the area of the uniform product code which may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the uniform product code;
   2. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
   3. Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter.
2. A manufacturer may use only one marking and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marked by that manufacturer.
3. The state fire marshal must be notified as to the marking that is selected.
4. Before the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes. Proposed markings are deemed approved if the state fire marshal fails to act within ten business days of receiving a request for approval.
5. A manufacturer may not modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
6. A manufacturer certifying cigarettes in accordance with section 18-13-03 shall provide a copy of the certifications to every wholesale dealer and agent to which the manufacturer sells cigarettes, and shall provide sufficient copies of an illustration of the package marking utilized by the manufacturer under this section for each retail dealer to which the wholesale dealer or agent sells cigarettes. A wholesale dealer and agent shall provide a copy of these package markings received from the manufacturer to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the tax commissioner, the attorney general, and their employees to inspect markings of cigarette packaging marked under this section.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-04. Marking of cigarette packaging. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-05. Penalties. [Contingent expiration date – See note]

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 of cigarettes, and for a subsequent offense is subject to a civil penalty not to exceed twenty-five thousand dollars for each sale, but the penalty against any person may not exceed one hundred thousand dollars during any thirty-day period.
2. A retail dealer that knowingly sells cigarettes in violation of section 18-13-02:
   1. For a first offense is subject to a civil penalty not to exceed five hundred dollars, and for a subsequent offense is subject to a civil penalty not to exceed two thousand dollars, for each sale or offer for sale of cigarettes if the total number of cigarettes sold or offered for sale in the sale does not exceed one thousand cigarettes; or
   2. For a first offense is subject to a civil penalty not to exceed one thousand dollars, and for a subsequent offense is subject to a civil penalty not to exceed five thousand dollars for each sale or offer for sale of such cigarettes if the total number of cigarettes sold or offered for sale in the sale exceeds one thousand cigarettes, provided that this penalty may not exceed twenty-five thousand dollars during a thirty-day period.
3. In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to section 18-13-03 is subject to a civil penalty of at least seventy-five thousand dollars, but not to exceed two hundred fifty thousand dollars for each false certification.
4. Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense to a civil penalty not to exceed five thousand dollars for each violation.
5. If any law enforcement personnel or duly authorized representative of the state fire marshal discovers any cigarettes for which no certification has been filed as required by section 18-13-03, or which have not been marked as required by section 18-13-04, that personnel or representative may seize and take possession of the cigarettes. Cigarettes seized under this subsection must be destroyed; provided, however, that before the destruction of the cigarettes, the true holder of the trademark rights in the cigarette brand is permitted to inspect the cigarette.
6. In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in district court for a violation of this chapter, including petitioning for:
   1. Preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent, or any other person to enjoin the person from selling or offering to sell any cigarette that does not comply with the requirements of this chapter; or
   2. To recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney’s fees.
7. Each violation of this chapter or of rules adopted to implement this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-05. Penalties. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-06. Implementation. [Contingent expiration date – See note]

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 cigarettes are marked as required by section 18-13-04. If the cigarettes are not marked as required, the state tax commissioner shall notify the state fire marshal.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-06. Implementation. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-07. Inspection. [Contingent expiration date – See note]

The attorney general 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 on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall give the attorney general and the state fire marshal the means, facilities, and opportunity for the examinations authorized by this section.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-07. Inspection. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-08. Fire prevention and public safety fund. [Contingent expiration date – See note]

There is established in the state treasury a special fund to be known as the fire prevention and public safety fund. The fund consists of all moneys recovered as penalties under section 18-13-05. The moneys must be deposited to the credit of the fund and must be made available to the state fire marshal to support fire safety and prevention programs upon legislative appropriation.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-08. Fire prevention and public safety fund. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-09. Sale outside of North Dakota. [Contingent expiration date – See note]

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 reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-09. Sale outside of North Dakota. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-13-10. Local regulation. [Contingent expiration date – See note]

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 this chapter.

Source: S.L. 2009, ch. 196, § 1.

Note.

Section 4 of chapter 196, S.L. 2009, provides: “ EFFECTIVE DATE - EXPIRATION DATE. This Act becomes effective August 1, 2010, however, this Act becomes ineffective on the date the state fire marshal certifies to the legislative council that a federal reduced cigarette ignition propensity standard has been adopted and has become effective.”

18-13-10. Local regulation. [Contingent effective date – See note]

Source: S.L. 2009, ch. 196, § 1.

18-14-01. Interstate compact for the prevention and control of wildland fires.

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:

Source: S.L. 2009, ch. 197, § 1.

ARTICLE I

The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado, and any adjoining state of a current member state.

ARTICLE II

This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it.

ARTICLE III

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state and may consult with like officials of the other member states and may implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purpose of this compact. Each member state may formulate and put in effect a forest fire plan for that state.

ARTICLE IV

If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home.

ARTICLE V

If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.

All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. However, nothing in this compact prevents any assisting member state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.

Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.

For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state.

The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

ARTICLE VI

Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services, or facilities of any member state.

Nothing in this compact authorizes or permits any member state to curtail or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.

Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state.

Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States forest service and a member state or states.

ARTICLE VII

Representatives of the United States forest service may attend meetings of the compact administrators.

ARTICLE VIII

The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the legislature of the other state has given its assent to the mutual aid provisions of this compact.

ARTICLE IX

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.