Sec. 29-305. (Formerly Sec. 29-52). Inspections by local fire marshals. Reports. Schedule of inspections.
Sec. 29-305. (Formerly Sec. 29-52). Inspections by local fire marshals. Reports. Schedule of inspections. (a) Each local fire marshal and the State Fire Marshal,
for the purpose of satisfying themselves that all pertinent statutes and regulations are
complied with, may inspect in the interests of public safety all buildings, facilities,
processes, equipment, systems and other areas regulated by the State Fire Safety Code
and the State Fire Prevention Code within their respective jurisdictions.
(b) Each local fire marshal shall inspect or cause to be inspected, at least once each
calendar year or as often as prescribed by the State Fire Marshal pursuant to subsection
(e) of this section, in the interests of public safety, all buildings and facilities of public
service and all occupancies regulated by the State Fire Safety Code within the local fire
marshal's jurisdiction, except residential buildings designed to be occupied by one or
two families which shall be inspected, upon complaint or request of an owner or occupant, only for the purpose of determining whether the requirements specified in said
codes relative to smoke detection and warning equipment have been satisfied.
(c) Upon receipt by the State Fire Marshal of information from an authentic source
that any other building or facility within the State Fire Marshal's jurisdiction is hazardous
to life safety from fire, the State Fire Marshal shall inspect such building or facility.
(d) Upon receipt by the local fire marshal of information from an authentic source
that any other building or facility within the local fire marshal's jurisdiction is hazardous
to life safety from fire, the local fire marshal shall inspect such building or facility. In
each case in which the local fire marshal conducts an inspection, the local fire marshal
shall be satisfied that all pertinent statutes and regulations are complied with, and shall
keep a record of such investigations. Such local fire marshal or a designee shall have
the right of entry at all reasonable hours into or upon any premises within the local
fire marshal's jurisdiction for the performance of the fire marshal's duties except that
occupied dwellings and habitations, exclusive of common use passageways and rooms
in tenement houses, hotels and rooming houses, may only be entered for inspections
between the hours of 9:00 a.m. and 5:00 p.m., except in the event of any emergency
requiring immediate attention for safety to life, or in the interests of public safety. Each
local fire marshal shall make a monthly report to the authority which appointed the local
fire marshal and shall be paid for his or her services in making such inspections of
buildings, facilities, processes, equipment, systems and other areas the compensation
agreed upon with such appointing authority.
(e) The State Fire Marshal may adopt amendments to the State Fire Safety Code
and the State Fire Prevention Code regarding requirements for the frequency of inspections of different building uses regulated by the codes and set forth a schedule of inspections, except for inspections of residential buildings designed to be occupied by three
or more families, that are less frequent than yearly if the interests of public safety can
be met by less frequent inspections.
(1949 Rev., S. 3675; 1957, P.A. 516, S. 2; P.A. 83-511, S. 3, 4; P.A. 89-42, S. 1, 2; P.A. 07-84, S. 4; P.A. 08-65, S. 2.)
History: Sec. 29-52 transferred to Sec. 29-305 in 1983; P.A. 83-511 included manufacturing establishments within the
types of buildings and facilities which local and state fire marshals may inspect in the interests of public safety, effective
July 1, 1984; P.A. 89-42 added an exception to requirement that local fire marshal inspect all buildings and occupancies
each year for one and two-family residential buildings which shall be inspected for smoke detection and warning equipment
upon complaint or request of an owner or occupant; P.A. 07-84 designated existing provisions as Subsec. (a), made technical
changes therein and added Subsec. (b) permitting State Fire Marshal to adopt amendments to Fire Safety and Fire Prevention
Codes re schedule of inspections; P.A. 08-65 divided existing Subsec. (a) into new Subsecs. (a) to (d), redesignated existing
Subsec. (b) as Subsec. (e), amended Subsec. (a) to delete reference to public service and manufacturing facilities, to add
reference to "processes, equipment, systems and other areas" and to add reference to the State Fire Prevention Code, made
technical changes in new Subsec. (b), amended new Subsec. (d) to require local fire marshals to conduct inspections of
certain reported fire hazards and to add reference to "processes, equipment, systems and other areas", and made technical
changes in Subsec. (e).
See Sec. 29-244 re requirement that valid operating certificate be displayed.
Annotation to former section 29-52:
Cited. 189 C. 228.
Annotation to present section:
Cited. 23 CA 528.