Can Local Officials Enforce NFPA 101 Life Safety Code?

Training for: Legal Notes

Question: Can local fire chiefs, building officials, and code enforcement officers enforce National Fire Protection Association (NFPA) Standard #101, the Life Safety Code, if it has not been adopted by the municipal legislative body (town meeting or town or city council)?

Answer: Yes they can, provided they have been authorized to do so by their municipal employer.

According to 25 M.R.S.A. § 2361(1-A), fire chiefs or their designees, building officials, and code enforcement officers, when authorized by their municipal employer, may bring a civil action in the name of the municipality to enforce any of the state laws or state rules duly adopted pursuant to 25 M.R.S.A. pt. 6 or 10 M.R.S.A. ch. 1103. (The term “municipal employer” is not defined, but we presume it refers to the municipal officers, i.e., the selectmen or councilors.)

Among the state rules duly adopted by the State Fire Marshal’s Office pursuant to 25 M.R.S.A. pt. 6 is 16-219 C.M.R. ch. 20 (2011), which adopts (with certain exclusions) National Fire Protection Association Standard #101, the Life Safety Code, 2009 edition.

Interested readers can locate this rule on the following webpage by scrolling down the left hand column and clicking on “Ch. 20” under the heading “Office of State Fire Marshal”: http://www.maine.gov/sos/cec/rules/16/chaps16.htm

Bottom line: According to State law (25 M.R.S.A. § 2361(1-A)), municipal fire chiefs or their designees, building officials, and code enforcement officers, when authorized by their municipal employer, may (but are not required to) enforce NFPA Standard #101, the Life Safety Code, 2009 edition, because that edition of the code (with certain exclusions) has been adopted as a state rule by the State Fire Marshal’s Office.

Because enforcement of the Life Safety Code is discretionary under these circumstances, both the municipality and its employees would be immune from liability under the Maine Tort Claims Act (see 14 M.R.S.A. §§ 8104-B(3), 8111(1)(C)).

The Life Safety Code and related training materials can be purchased from the National Fire Protection Association at www.nfpa.org (1-800-344-3555).

Local officials interested in enforcing the Life Safety Code would do well to consult with the State Fire Marshal’s Office (207-626-3870) before taking action. (By R.P.F.)

Question: Can local fire chiefs, building officials, and code enforcement officers enforce National Fire Protection Association (NFPA) Standard #101, the Life Safety Code, if it has not been adopted by the municipal legislative body (town meeting or town or city council)?

Answer: Yes they can, provided they have been authorized to do so by their municipal employer.

According to 25 M.R.S.A. § 2361(1-A), fire chiefs or their designees, building officials, and code enforcement officers, when authorized by their municipal employer, may bring a civil action in the name of the municipality to enforce any of the state laws or state rules duly adopted pursuant to 25 M.R.S.A. pt. 6 or 10 M.R.S.A. ch. 1103. (The term “municipal employer” is not defined, but we presume it refers to the municipal officers, i.e., the selectmen or councilors.)

Among the state rules duly adopted by the State Fire Marshal’s Office pursuant to 25 M.R.S.A. pt. 6 is 16-219 C.M.R. ch. 20 (2011), which adopts (with certain exclusions) National Fire Protection Association Standard #101, the Life Safety Code, 2009 edition.

Interested readers can locate this rule on the following webpage by scrolling down the left hand column and clicking on “Ch. 20” under the heading “Office of State Fire Marshal”: http://www.maine.gov/sos/cec/rules/16/chaps16.htm

Bottom line: According to State law (25 M.R.S.A. § 2361(1-A)), municipal fire chiefs or their designees, building officials, and code enforcement officers, when authorized by their municipal employer, may (but are not required to) enforce NFPA Standard #101, the Life Safety Code, 2009 edition, because that edition of the code (with certain exclusions) has been adopted as a state rule by the State Fire Marshal’s Office.

Because enforcement of the Life Safety Code is discretionary under these circumstances, both the municipality and its employees would be immune from liability under the Maine Tort Claims Act (see 14 M.R.S.A. §§ 8104-B(3), 8111(1)(C)).

The Life Safety Code and related training materials can be purchased from the National Fire Protection Association at www.nfpa.org (1-800-344-3555).

Local officials interested in enforcing the Life Safety Code would do well to consult with the State Fire Marshal’s Office (207-626-3870) before taking action. (By R.P.F.)