N.D. Cent. Code § 18-13-06 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-06
18-13-06. Implementation (Contingent expiration date - See note)
Status: in_force

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.
N.D. Cent. Code § 18-11-13 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-13
18-11-13. Association state fund - Expenditures - Investment
Status: in_force

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.
N.D. Cent. Code § 18-13-08 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-08
18-13-08. Fire prevention and public safety fund
Status: repealed

18-13-08. Fire prevention and public safety fund

Repealed by S.L. 2025, ch. 210, § 3.
N.D. Cent. Code § 18-02-07 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-07
18-02-07. Cooperation of state forester and other agencies - Fire and forest protection
Status: in_force

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.
N.D. Cent. Code § 18-06-01 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-01
18-06-01. Township may purchase fire equipment - Election
Status: repealed

18-06-01. Township may purchase fire equipment - Election

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-10-05 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-05
18-10-05. Regular meeting to be held
Status: in_force

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.
N.D. Cent. Code § 18-09-04 — ND Code / Title 18 / Chapter 18-09 / Section 18-09-04
18-09-04. Abatement
Status: in_force

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.
N.D. Cent. Code § 18-04-05 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-05
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 - Continuing appropriation
Status: in_force

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 - Continuing appropriation.

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 one hundred twenty-five

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.

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 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 the lines of insurance

identified under section 18-04-04 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.

5. Annually, the insurance commissioner shall determine the amount of insurance

premium taxes collected from the insurance lines identified in section 18-04-04 to the

certified city fire departments, certified rural fire departments, and certified fire

protection districts. Moneys authorized for disbursement under this section are

appropriated from the insurance tax distribution fund to the insurance commissioner on

a continuing basis for the purpose of this section.
N.D. Cent. Code § 18-04-06 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-06
18-04-06. Office of management and budget to issue warrants on state treasurer for benefits
Status: repealed

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

benefits.

Repealed by S.L. 1971, ch. 230, § 3.
N.D. Cent. Code § 18-01-09 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-09
18-01-09. Investigation by state fire marshal - Complaint to bureau of criminal investigation - Records of arson prosecutions
Status: in_force

18-01-09. Investigation by state fire marshal - Complaint to bureau of criminal

investigation - 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 furnish to the bureau of criminal investigation and the state's attorney the

written report created pursuant to section 18-01-07 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.
N.D. Cent. Code § 18-09-02.1 — ND Code / Title 18 / Chapter 18-09 / Section 18-09-02.1
18-09-02.1. Liquefied petroleum gas furnace or other appliance permitted in residential or commercial building
Status: in_force

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.
N.D. Cent. Code § 18-08-01 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-01
18-08-01. Penalty for setting prairie fire
Status: in_force

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.
N.D. Cent. Code § 18-11-11 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-11
18-11-11. Levy proceeds
Status: in_force

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.
N.D. Cent. Code § 18-04-03 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-03
18-04-03. Failure to file certificate deemed waiver - Exception
Status: in_force

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.
N.D. Cent. Code § 18-11-05 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-05
18-11-05. Application for membership
Status: in_force

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.
N.D. Cent. Code § 18-11-07 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-07
18-11-07. Officers
Status: in_force

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.
N.D. Cent. Code § 18-04-08 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-08
18-04-08. Notification of municipalities entitled to benefits
Status: repealed

18-04-08. Notification of municipalities entitled to benefits

Repealed by S.L. 2011, ch. 159, § 1.
N.D. Cent. Code § 18-01-19 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-19
18-01-19. Noncompliance with order of abatement - Court proceeding - Title
Status: in_force

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.
N.D. Cent. Code § 18-05-09 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-09
18-05-09. Who deemed firefighter
Status: in_force

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.
N.D. Cent. Code § 18-01-07 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-07
18-01-07. State fire marshal may direct investigation - Report of investigation - Records in state fire marshal's office
Status: in_force

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. When the state fire marshal deems it expedient or necessary,

the state fire marshal may supervise and direct any of such investigations. Within thirty days

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 origin and cause of the fire and

such other information as the state fire marshal may require. The state fire marshal shall have

access to a record of all fires reported 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.
N.D. Cent. Code § 18-01-11 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-11
18-01-11. Refusal of witness at state fire marshal's investigation to testify, produce records, or obey order - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-10-01 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-01
18-10-01. Petition for establishment
Status: in_force

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.
N.D. Cent. Code § 18-12-24 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-24
18-12-24. Change of occupancy
Status: in_force

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.
N.D. Cent. Code § 18-12-09 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-09
18-12-09. Corridors
Status: repealed

18-12-09. Corridors

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-11-20 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-20
18-11-20. Members withdrawing from association - Members in military service
Status: in_force

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.
N.D. Cent. Code § 18-12-11 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-11
18-12-11. Stairways
Status: repealed

18-12-11. Stairways

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-05-11 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-11
18-05-11. Money received under pension not subject to legal process - Assignments
Status: repealed

18-05-11. Money received under pension not subject to legal process - Assignments

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 18-12-03 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-03
18-12-03. Plans and specifications
Status: in_force

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.
N.D. Cent. Code § 18-11-26 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-26
18-11-26. Service pensions - Formulation of optional plan
Status: in_force

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:

Years of Maximum

Completed Service Percentage

0 0%

1 10%

2 20%

3 30%

4 40%

5 50%

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.

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.
N.D. Cent. Code § 18-06-11 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-11
18-06-11. Contracts for fire protection in unorganized townships - Mill levy
Status: repealed

18-06-11. Contracts for fire protection in unorganized townships - Mill levy

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 18-11-15.1 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-15.1
18-11-15.1. Purchase of legislative service credit
Status: in_force

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.
N.D. Cent. Code § 18-08-05 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-05
18-08-05. Setting fire to destroy grasshoppers lawful
Status: repealed

18-08-05. Setting fire to destroy grasshoppers lawful

Repealed by S.L. 1973, ch. 50, § 1.
N.D. Cent. Code § 18-10-07 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-07
18-10-07. Fire protection policy to be determined - Financial report - Tax levy limit - Vote-approved levy authority
Status: in_force

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

Vote-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.
N.D. Cent. Code § 18-01-33 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-33
18-01-33. State fire marshal may adopt rules for explosives - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-09-03 — ND Code / Title 18 / Chapter 18-09 / Section 18-09-03
18-09-03. Penalty
Status: in_force

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.
N.D. Cent. Code § 18-06-02 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-02
18-06-02. Notice of election
Status: repealed

18-06-02. Notice of election

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-08-09 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-09
18-08-09. Misconduct at fires - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-13-03 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-03
18-13-03. Certification and product change (Contingent expiration date - See note)
Status: in_force

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:

a. Brand or trade name on the package;

b. Style, such as light or ultra light;

c. Length in millimeters;

d. Circumference in millimeters;

e. Flavor, such as menthol or chocolate, if applicable;

f. Filter or nonfilter;

g. Package description, such as soft pack or box;

h. Marking approved in accordance with section 18-13-04;

i. The name, address, and telephone number of the laboratory, if different than the

manufacturer that conducted the test; and

j. The date that the testing occurred.

3. The certifications must be made available to the insurance commissioner 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. The state fire marshal shall establish an annual fee to defray the actual costs of the

processing, testing, enforcement, and oversight activities required by this chapter. All

fees collected must be deposited in the insurance regulatory trust fund.

6. 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.
N.D. Cent. Code § 18-01-20 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-20
18-01-20. Service of order and notice - Contents of notice - Additional parties - Duty of insurance commissioner
Status: in_force

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

of insurance commissioner.

1. 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:

a. The title of the proceeding.

b. The name of the court in which the proceeding is instituted.

c. That the abatement order has been filed in the district court.

d. That the state fire marshal will apply to the court for a judgment enforcing the

terms of the abatement order.

e. 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.

2. The notice must be subscribed by the insurance commissioner 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.
N.D. Cent. Code § 18-12-23 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-23
18-12-23. Electrical
Status: in_force

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.
N.D. Cent. Code § 18-06-04 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-04
18-06-04. Two or more townships may purchase fire equipment jointly
Status: repealed

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

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-01-04 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-04
18-01-04. Rules for prevention of fires to be issued
Status: in_force

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

The state fire marshal, under the supervision of the insurance commissioner, 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.
N.D. Cent. Code § 18-03-01.1 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-01.1
18-03-01.1. North Dakota firefighter's association - Duties and authority
Status: in_force

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;

3. Establish procedures to govern the certification process for firefighter training; and

4. Report quarterly to the state fire marshal.
N.D. Cent. Code § 18-01-31 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-31
18-01-31. Compensation of officers performing services for state fire marshal department
Status: in_force

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.
N.D. Cent. Code § 18-06-06 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-06
18-06-06. Petition for tax levy for fire protection in unincorporated villages - Tax levy made
Status: repealed

18-06-06. Petition for tax levy for fire protection in unincorporated villages - Tax levy

made.

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-03-04 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-04
18-03-04. Association to furnish bond
Status: in_force

18-03-04. Association to furnish bond

The North Dakota firefighter's association shall file with the office of the state fire marshal a

bond in the penal sum of two thousand dollars conditioned for the faithful disposition of the

funds distributed from the insurance regulatory trust fund for the use of the association to carry

out this chapter.
N.D. Cent. Code § 18-10-06 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-06
18-10-06. Powers of board of directors
Status: in_force

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.
N.D. Cent. Code § 18-01-35 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-35
18-01-35. Fire and tornado fund fees
Status: repealed

18-01-35. Fire and tornado fund fees

Repealed by S.L. 2025, ch. 208, § 7.
N.D. Cent. Code § 18-06-07 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-07
18-06-07. Certification of amount of taxes levied - County auditor to fix rate - Extension
Status: repealed

18-06-07. Certification of amount of taxes levied - County auditor to fix rate -

Extension.

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-10-14 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-14
18-10-14. Rate of tax fixed
Status: repealed

18-10-14. Rate of tax fixed

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 18-07-03 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-03
18-07-03. Board of county commissioners to appoint fire wardens - Compensation - Oath - Bond
Status: in_force

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.
N.D. Cent. Code § 18-12-04 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-04
18-12-04. Employment of registered architects and engineers
Status: in_force

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.
N.D. Cent. Code § 18-08-11 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-11
18-08-11. Penalty
Status: in_force

18-08-11. Penalty

Any person violating the provisions of section 18-08-10 is guilty of a class B misdemeanor.
N.D. Cent. Code § 18-08-07 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-07
18-08-07. Penalty for failure to extinguish camp or other fire
Status: in_force

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.
N.D. Cent. Code § 18-01-03.2 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-03.2
18-01-03.2. Delegation of authority
Status: in_force

18-01-03.2. Delegation of authority

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.
N.D. Cent. Code § 18-05.1-02 — ND Code / Title 18 / Chapter 18-05.1 / Section 18-05.1-02
18-05.1-02. Payments from firefighters death benefit fund
Status: in_force

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

The insurance commissioner shall pay twenty-five 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.
N.D. Cent. Code § 18-11-10 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-10
18-11-10. Additional city firefighters relief fund contributions
Status: in_force

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.
N.D. Cent. Code § 18-02-06 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-06
18-02-06. Forest fires defined
Status: repealed

18-02-06. Forest fires defined

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-01-15 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-15
18-01-15. Abatement of conditions dangerous to persons - Order - Failure to comply - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-09-01 — ND Code / Title 18 / Chapter 18-09 / Section 18-09-01
18-09-01. Liquefied petroleum gas defined
Status: in_force

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.
N.D. Cent. Code § 18-03-07 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-07
18-03-07. Insurance commissioner to pay sum appropriated to association
Status: in_force

18-03-07. Insurance commissioner to pay sum appropriated to association

Not later than the first day of August of each year, the insurance commissioner shall pay to

the North Dakota firefighter's association one million two hundred thousand dollars from the

insurance regulatory trust fund. The sum, however, may not be paid until the treasurer of the

association has filed the bond required in section 18-03-04.
N.D. Cent. Code § 18-02-03 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-03
18-02-03. Powers and duties of forest fire wardens
Status: repealed

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

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-12-19 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-19
18-12-19. Incinerators
Status: repealed

18-12-19. Incinerators

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-01-30 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-30
18-01-30. State's attorneys to assist state fire marshal
Status: in_force

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.
N.D. Cent. Code § 18-04-02 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-02
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
Status: in_force

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.
N.D. Cent. Code § 18-12-22 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-22
18-12-22. Gas
Status: in_force

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.
N.D. Cent. Code § 18-02-05 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-05
18-02-05. Authority of state forester
Status: repealed

18-02-05. Authority of state forester

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-13-01 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-01
18-13-01. Definitions (Contingent expiration date - See note)
Status: in_force

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 insurance commissioner 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:

a. 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;

b. 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

c. 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.
N.D. Cent. Code § 18-01-32 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-32
18-01-32. Violation of duty by officers - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-11-09 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-09
18-11-09. Apportioning insurance tax
Status: in_force

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.
N.D. Cent. Code § 18-01-29 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-29
18-01-29. Biennial report
Status: in_force

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.
N.D. Cent. Code § 18-06-05 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-05
18-06-05. Equipment purchased jointly - Each board of supervisors to authorize clerk to advertise for bids
Status: repealed

18-06-05. Equipment purchased jointly - Each board of supervisors to authorize clerk

to advertise for bids.

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-01-23 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-23
18-01-23. Time of hearing in district court - Notice to parties who have appeared
Status: in_force

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.
N.D. Cent. Code § 18-01-25 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-25
18-01-25. Conclusiveness of abatement order or of judgment on appeal therefrom
Status: in_force

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
N.D. Cent. Code § 18-13-07 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-07
18-13-07. Inspection (Contingent expiration date - See note)
Status: in_force

18-13-07. Inspection. (Contingent expiration date - See note)

The insurance commissioner 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 insurance commissioner and the

state fire marshal the means, facilities, and opportunity for the examinations authorized by this

section.
N.D. Cent. Code § 18-01-36 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-36
18-01-36. Petroleum release compensation fund fees
Status: repealed

18-01-36. Petroleum release compensation fund fees

Repealed by S.L. 2025, ch. 208, § 7.
N.D. Cent. Code § 18-12-01 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-01
18-12-01. Application
Status: in_force

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.
N.D. Cent. Code § 18-08-02 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-02
18-08-02. Burning grass or stubble
Status: in_force

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.
N.D. Cent. Code § 18-06-03 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-03
18-06-03. Equipment must be purchased on competitive bids - Paid for out of general fund
Status: repealed

18-06-03. Equipment must be purchased on competitive bids - Paid for out of general

fund.

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-04-01 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-01
18-04-01. Eligibility for participation in fund created from premium tax on fire insurance companies
Status: in_force

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:

a. Has been in actual existence for the period specified in this section;

b. Provides the minimum requirements for class 9 fire protection or better; and

c. 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.
N.D. Cent. Code § 18-06-10 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-10
18-06-10. Township may contract for prevention and extinguishment of fires
Status: in_force

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.
N.D. Cent. Code § 18-11-23 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-23
18-11-23. Funeral benefits
Status: in_force

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.
N.D. Cent. Code § 18-12-21 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-21
18-12-21. Hot water
Status: repealed

18-12-21. Hot water

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-10-16 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-16
18-10-16. State fire marshal to establish rural routing systems
Status: repealed

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

Repealed by S.L. 2017, ch. 159, § 7.
N.D. Cent. Code § 18-03-06 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-06
18-03-06. Director of the budget to prepare estimate for firefighter's association
Status: in_force

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.
N.D. Cent. Code § 18-07-05 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-05
18-07-05. Legal firebreak defined
Status: in_force

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.
N.D. Cent. Code § 18-11-04 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-04
18-11-04. Accrued rights not destroyed by plan - Transfer of funds - Records
Status: in_force

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.
N.D. Cent. Code § 18-03-01 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-01
18-03-01. North Dakota firefighter's association - How constituted
Status: in_force

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.
N.D. Cent. Code § 18-06-09 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-09
18-06-09. Expenditures from funds - Payments made by warrants
Status: repealed

18-06-09. Expenditures from funds - Payments made by warrants

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-05-10 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-10
18-05-10. Qualifications as to age inapplicable to pension for disability
Status: in_force

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.
N.D. Cent. Code § 18-11-22 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-22
18-11-22. Examination of relief association records - Report of unauthorized spending to governor - Duty of governor
Status: in_force

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
N.D. Cent. Code § 18-11-24 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-24
18-11-24. Commencement of benefits
Status: in_force

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).
N.D. Cent. Code § 18-12-10 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-10
18-12-10. Exits
Status: repealed

18-12-10. Exits

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-13-04 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-04
18-13-04. Marking of cigarette packaging (Contingent expiration date - See note)
Status: in_force

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:

a. 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;

b. Any visible combination of alphanumeric or symbolic characters permanently

stamped, engraved, or embossed upon the cigarette package or cellophane

wrap; or

c. 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 insurance

commissioner, and their employees to inspect markings of cigarette packaging marked

under this section.
N.D. Cent. Code § 18-11-18 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-18
18-11-18. Reduction in benefits if funds not sufficient
Status: in_force

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.
N.D. Cent. Code § 18-11-06 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-06
18-11-06. Association may deny membership to mentally, physically unsound
Status: in_force

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.
N.D. Cent. Code § 18-11-25 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-25
18-11-25. Vesting on plan termination
Status: in_force

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.
N.D. Cent. Code § 18-11-03 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-03
18-11-03. Firefighter defined
Status: in_force

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.
N.D. Cent. Code § 18-01-03 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-03
18-01-03. Deputy state fire marshal to assist state fire marshal - Duties when state fire marshal absent
Status: in_force

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.
N.D. Cent. Code § 18-08-08 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-08
18-08-08. Occupant may recover damages caused by fire
Status: in_force

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.
N.D. Cent. Code § 18-01-04.1 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-04.1
18-01-04.1. Educational programs - Provided by state fire marshal
Status: in_force

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.
N.D. Cent. Code § 18-01-24 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-24
18-01-24. Hearing in district court
Status: in_force

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.
N.D. Cent. Code § 18-01-05 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-05
18-01-05. Insurance companies to report fire losses to state fire marshal
Status: in_force

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.
N.D. Cent. Code § 18-13-10 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-10
18-13-10. Local regulation (Contingent expiration date - See note)
Status: in_force

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.
N.D. Cent. Code § 18-10-09 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-09
18-10-09. Funds collected to be deposited
Status: in_force

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.
N.D. Cent. Code § 18-01-26 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-26
18-01-26. Judgment of district court and contents
Status: in_force

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.
N.D. Cent. Code § 18-11-17 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-17
18-11-17. Pensions to surviving spouses and children of deceased members
Status: in_force

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:

a. The natural or adopted child of a firefighter; or

b. 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.
N.D. Cent. Code § 18-04-04.1 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-04.1
18-04-04.1. Insurance tax distribution fund
Status: in_force

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.
N.D. Cent. Code § 18-11-21 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-21
18-11-21. Money received under pension not subject to legal process - Assignments
Status: in_force

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.
N.D. Cent. Code § 18-07-02 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-02
18-07-02. Board of county commissioners to divide county into fire districts
Status: in_force

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.
N.D. Cent. Code § 18-10-08 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-08
18-10-08. Indebtedness of district limited
Status: in_force

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.
N.D. Cent. Code § 18-01-28 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-28
18-01-28. Records in state fire marshal department open to inspection - Exception
Status: in_force

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.
N.D. Cent. Code § 18-05-02 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-02
18-05-02. Control of funds - Derivation of funds
Status: in_force

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.
N.D. Cent. Code § 18-13-05 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-05
18-13-05. Penalties (Contingent expiration date - See note)
Status: in_force

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:

a. 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

b. 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 insurance

commissioner may file an action in district court for a violation of this chapter, including

petitioning for:

a. 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

b. 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 insurance commissioner

may obtain relief.
N.D. Cent. Code § 18-01-08 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-08
18-01-08. Compensation of fire chiefs and executive officers of municipalities for reporting to state fire marshal
Status: repealed

18-01-08. Compensation of fire chiefs and executive officers of municipalities for

reporting to state fire marshal.

Repealed by S.L. 2019, ch. 182, § 8.
N.D. Cent. Code § 18-01-16 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-16
18-01-16. Order of abatement - To whom directed - Contents - How served - Service by publication
Status: in_force

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.
N.D. Cent. Code § 18-11-27 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-27
18-11-27. Optional plan postretirement adjustments
Status: in_force

18-11-27. Optional plan postretirement adjustments

Expired pursuant to S.L. 1999, ch. 212, § 4.
N.D. Cent. Code § 18-11-01 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-01
18-11-01. Alternate firefighters relief association plan
Status: in_force

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.
N.D. Cent. Code § 18-05-07 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-07
18-05-07. Eligibility for service pension may be acquired by paying back assessments
Status: in_force

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.
N.D. Cent. Code § 18-10-12.1 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-12.1
18-10-12.1. Withdrawal from rural fire protection district
Status: in_force

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.
N.D. Cent. Code § 18-04-04 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-04
18-04-04. Insurance companies to report fire, allied lines, homeowner's multiple peril, farmowner's multiple peril, commercial multiple peril, and crop hail insurance premium collections - Form furnished by insurance commissioner
Status: in_force

18-04-04. Insurance companies to report fire, allied lines, homeowner's multiple peril,

farmowner's multiple peril, commercial multiple peril, and crop hail 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, commercial multiple peril, and crop hail 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, commercial multiple peril, and crop hail 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, commercial multiple peril, and crop hail 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.
N.D. Cent. Code § 18-07-04 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-04
18-07-04. Fire warden to make firebreaks - When made
Status: in_force

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.
N.D. Cent. Code § 18-01-17 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-17
18-01-17. Appeal to state fire marshal from abatement order - Record made by state fire marshal
Status: in_force

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.
N.D. Cent. Code § 18-11-16 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-16
18-11-16. Disability pensions - Qualifications
Status: in_force

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.
N.D. Cent. Code § 18-02-01 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-01
18-02-01. Forest fire wardens in organized township
Status: repealed

18-02-01. Forest fire wardens in organized township

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-08-06 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-06
18-08-06. Liability for unlawfully setting fire to destroy grasshoppers - Penalty for carelessness and negligence
Status: repealed

18-08-06. Liability for unlawfully setting fire to destroy grasshoppers - Penalty for

carelessness and negligence.

Repealed by S.L. 1973, ch. 50, § 1.
N.D. Cent. Code § 18-11-15 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-15
18-11-15. Service pensions - Qualifications
Status: in_force

18-11-15. Service pensions - Qualifications

1. A monthly service pension must be paid to members of the association with the

following qualifications:

Percent of first-class

Years of firefighter's monthly salary

Years of age at on January first during year

service retirement the 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%

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:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the 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%

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:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the 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%

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:

Percent of first-class

firefighter's monthly salary

Years of Years of on January first during year

service age the 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%

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).
N.D. Cent. Code § 18-12-15 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-15
18-12-15. Storage rooms - Flammable liquids and dangerous chemicals
Status: repealed

18-12-15. Storage rooms - Flammable liquids and dangerous chemicals

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-08-12 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-12
18-08-12. Periodic fire inspection of state buildings and institutions
Status: in_force

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

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.
N.D. Cent. Code § 18-12-18 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-18
18-12-18. Heating plant rooms
Status: repealed

18-12-18. Heating plant rooms

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-10-04 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-04
18-10-04. Organization - Board of directors
Status: in_force

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.
N.D. Cent. Code § 18-01-03.1 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-03.1
18-01-03.1. Inspections - Department of health and human services - Education
Status: in_force

18-01-03.1. Inspections - Department of health and human services - Education

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.

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.
N.D. Cent. Code § 18-01-02 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-02
18-01-02. Duties of state fire marshal and deputy state fire marshals
Status: in_force

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, explosives, and fireworks.

3. The fire and life safety code compliance of hazardous materials.

4. The installation and maintenance of fire protection and life safety systems.

5. The fire and life safety code compliance of 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.

6. The suppression of arson and the investigation of the origin and cause of fires and

explosions.

7. The education of the citizens of North Dakota through organized programs on the

hazards of fire.
N.D. Cent. Code § 18-03-05 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-05
18-03-05. Statement of desired appropriation submitted to state fire marshal
Status: in_force

18-03-05. Statement of desired appropriation submitted to state fire marshal

Not later than July first of each year next preceding a regular session of the legislative

assembly, the North Dakota firefighter's association shall send to the state fire marshal 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 carry out this

chapter during the succeeding biennium.
N.D. Cent. Code § 18-01-14 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-14
18-01-14. Abatement of fire hazards
Status: in_force

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.
N.D. Cent. Code § 18-14-01 — ND Code / Title 18 / Chapter 18-14 / Section 18-14-01
18-14-01. Interstate compact for the prevention and control of wildland fires
Status: in_force

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:

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.
N.D. Cent. Code § 18-13-02 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-02
18-13-02. Test method and performance standard - Penalty (Contingent expiration date - See note)
Status: in_force

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.

a. 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".

b. Testing must be conducted on ten layers of filter paper.

c. 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.

d. The performance standard required by this section must be applied only to a

complete test trial.

e. 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.

f. 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.

g. This section does not require additional testing if cigarettes are tested consistent

with this chapter for any other purpose.

h. 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 insurance commissioner 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:

a. 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

b. 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.
N.D. Cent. Code § 18-12-02 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-02
18-12-02. Definitions
Status: in_force

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.
N.D. Cent. Code § 18-08-04 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-04
18-08-04. Accidental damage from lawfully set fire - Liability
Status: in_force

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.
N.D. Cent. Code § 18-01-34 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-34
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
Status: repealed

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 by S.L. 2017, ch. 159, § 7.
N.D. Cent. Code § 18-05.1-01 — ND Code / Title 18 / Chapter 18-05.1 / Section 18-05.1-01
18-05.1-01. Payments to deceased firefighter's survivor
Status: in_force

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.
N.D. Cent. Code § 18-01-27 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-27
18-01-27. Costs and disbursements - Enforcing order - Lien of costs - Payment of sheriff's fees
Status: in_force

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.
N.D. Cent. Code § 18-05-13 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-13
18-05-13. Audit of books of relief association - Report of unauthorized spending to governor - Duty of governor
Status: in_force

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
N.D. Cent. Code § 18-12-20 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-20
18-12-20. Ventilation
Status: repealed

18-12-20. Ventilation

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-03-03 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-03
18-03-03. Association to report to office of management and budget time and place of school and name of treasurer
Status: in_force

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.
N.D. Cent. Code § 18-12-14 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-14
18-12-14. Storage rooms - Ordinary combustibles
Status: repealed

18-12-14. Storage rooms - Ordinary combustibles

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-08-10 — ND Code / Title 18 / Chapter 18-08 / Section 18-08-10
18-08-10. Prohibiting sale, distribution, and possession of fire extinguishers containing certain toxic and poisonous vaporizing liquids
Status: in_force

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 CCl

4

Chlorobromomethane CH BrC

2 1

Azeotropic chlormethane CM

7

Dibromodifluoromethane CBr F

2 2

1,2-Dibromo-2-chloro-1, 1,2-trifluoroethane CBrF CBrClF

2

1,2-Dibromo-2, 2-difluoroethane CH BrCBrF

2 2

Methyl bromide CH Br

3

Ethylene dibromide CH BrCH Br

2 2

Hydrogen bromide HBr

Methylene bromide CH Br

2 2

Bromodifluoromethane CHBrF

2

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.
N.D. Cent. Code § 18-13-09 — ND Code / Title 18 / Chapter 18-13 / Section 18-13-09
18-13-09. Sale outside of North Dakota (Contingent expiration date - See note)
Status: in_force

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.
N.D. Cent. Code § 18-11-28 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-28
18-11-28. Service, disability, and survivor pensions - Formulation of optional plan
Status: in_force

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:

a. 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.

b. 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.

a. Eligibility. An active member who becomes disabled before the member's normal

retirement date is eligible to receive a disability pension.

b. 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.

c. 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.

d. 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.

e. 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.

a. 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.

b. 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.

c. 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.

a. 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.

b. 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.

c. 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.

a. 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.

b. 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 If the

Spouse Is Spouse Is

Younger: Joint and Joint and Older: Joint and Joint and

Age Survivor Survivor Age Survivor Survivor

Difference 75% 100% Difference 75% 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
N.D. Cent. Code § 18-03-02 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-02
18-03-02. Fire schools
Status: in_force

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.
N.D. Cent. Code § 18-01-06 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-06
18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protection districts must report fires
Status: in_force

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 emergency response information system, or in a manner

prescribed by the state fire marshal. 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.
N.D. Cent. Code § 18-10-17 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-17
18-10-17. Rural fire protection district - Civil immunity
Status: in_force

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.
N.D. Cent. Code § 18-10-13 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-13
18-10-13. County auditor to set date for hearing
Status: in_force

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.
N.D. Cent. Code § 18-01-05.1 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-05.1
18-01-05.1. Disclosure of information - Immunity - Confidentiality
Status: in_force

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:

a. Pertinent insurance policy information relevant to a fire loss under investigation

and any application for such a policy.

b. Policy premium payment records which are available.

c. History of previous claims made by the insured.

d. 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.
N.D. Cent. Code § 18-05-12 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-12
18-05-12. Secretary and treasurer of firefighters relief association to prepare report - Contents - Filing
Status: in_force

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.
N.D. Cent. Code § 18-12-16 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-16
18-12-16. Fire alarm systems
Status: in_force

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.
N.D. Cent. Code § 18-06-08 — ND Code / Title 18 / Chapter 18-06 / Section 18-06-08
18-06-08. Collection and payment of taxes - Separate account kept by township treasurer
Status: repealed

18-06-08. Collection and payment of taxes - Separate account kept by township

treasurer.

Repealed by S.L. 1957, ch. 165, § 14.
N.D. Cent. Code § 18-11-08 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-08
18-11-08. Report of receipts and expenditures regarding state funds to be filed with state and city auditor
Status: repealed

18-11-08. Report of receipts and expenditures regarding state funds to be filed with

state and city auditor.

Repealed by S.L. 1991, ch. 222, § 22.
N.D. Cent. Code § 18-02-04 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-04
18-02-04. Compensation
Status: repealed

18-02-04. Compensation

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-01-10 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-10
18-01-10. State fire marshal and deputies may subpoena witnesses and records - Witness fees - Oaths - Certificates
Status: in_force

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.
N.D. Cent. Code § 18-02-08 — ND Code / Title 18 / Chapter 18-02 / Section 18-02-08
18-02-08. Designation of forest protection districts
Status: repealed

18-02-08. Designation of forest protection districts

Repealed by S.L. 1997, ch. 203, § 2.
N.D. Cent. Code § 18-05-08 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-08
18-05-08. Pensions to be uniform - Reduction or increase in pensions authorized
Status: in_force

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.
N.D. Cent. Code § 18-10-11 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-11
18-10-11. Territory to be annexed
Status: in_force

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.
N.D. Cent. Code § 18-05-04 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-04
18-05-04. Apportioning insurance tax received by city, rural fire department, or rural fire protection district
Status: in_force

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.
N.D. Cent. Code § 18-11-19 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-19
18-11-19. Fund based upon actuarial tables - Treatment of forfeitures
Status: in_force

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.
N.D. Cent. Code § 18-12-08 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-08
18-12-08. Auditorium stage area protection
Status: repealed

18-12-08. Auditorium stage area protection

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-10-10 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-10
18-10-10. Rural fire department may enter into contract - Power of state and local government agencies to make contract - Reimbursement
Status: in_force

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.
N.D. Cent. Code § 18-10-12 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-12
18-10-12. Boundaries of rural fire protection district
Status: in_force

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.
N.D. Cent. Code § 18-05-06 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-06
18-05-06. Service pension - Who may receive - Recipient entitled to no further relief from association
Status: in_force

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:

a. Has reached the age of fifty years; and

b. 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.
N.D. Cent. Code § 18-07-01 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-01
18-07-01. Petition to board of county commissioners to establish firebreaks - Tax levied
Status: repealed

18-07-01. Petition to board of county commissioners to establish firebreaks - Tax

levied.

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 18-12-06 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-06
18-12-06. Construction requirements
Status: in_force

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.
N.D. Cent. Code § 18-11-12 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-12
18-11-12. Contribution by firefighters
Status: in_force

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.
N.D. Cent. Code § 18-01-13 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-13
18-01-13. Interfering with state fire marshal or deputies - Penalty
Status: in_force

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.
N.D. Cent. Code § 18-10-03 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-03
18-10-03. Notice of hearing
Status: in_force

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.
N.D. Cent. Code § 18-05.1-03 — ND Code / Title 18 / Chapter 18-05.1 / Section 18-05.1-03
18-05.1-03. Definitions
Status: in_force

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.
N.D. Cent. Code § 18-10-06.1 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-06.1
18-10-06.1. Development of firebreaks
Status: in_force

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.
N.D. Cent. Code § 18-12-17 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-17
18-12-17. Sprinklers
Status: repealed

18-12-17. Sprinklers

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-12-13 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-13
18-12-13. Fire extinguishers
Status: repealed

18-12-13. Fire extinguishers

Repealed by S.L. 1985, ch. 257, § 4.
N.D. Cent. Code § 18-07-06 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-06
18-07-06. When prairie may be set on fire to make firebreak
Status: in_force

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.
N.D. Cent. Code § 18-09-02 — ND Code / Title 18 / Chapter 18-09 / Section 18-09-02
18-09-02. State fire marshal to make rules
Status: in_force

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.
N.D. Cent. Code § 18-07-07 — ND Code / Title 18 / Chapter 18-07 / Section 18-07-07
18-07-07. Board of county commissioners may provide tools to make firebreak
Status: in_force

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.
N.D. Cent. Code § 18-03-08 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-08
18-03-08. Report of use of money
Status: in_force

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.
N.D. Cent. Code § 18-11-02 — ND Code / Title 18 / Chapter 18-11 / Section 18-11-02
18-11-02. Operation of association
Status: in_force

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.
N.D. Cent. Code § 18-05-01 — ND Code / Title 18 / Chapter 18-05 / Section 18-05-01
18-05-01. Firefighters relief association - Where it may be organized
Status: in_force

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.
N.D. Cent. Code § 18-10-02 — ND Code / Title 18 / Chapter 18-10 / Section 18-10-02
18-10-02. Petition - Hearing - Order
Status: in_force

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.
N.D. Cent. Code § 18-01-22 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-22
18-01-22. Appearance in court proceeding by parties in interest
Status: in_force

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.
N.D. Cent. Code § 18-01-12 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-12
18-01-12. Testifying falsely at investigation of state fire marshal is perjury
Status: repealed

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

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 18-04-07 — ND Code / Title 18 / Chapter 18-04 / Section 18-04-07
18-04-07. Disbursement of fund by city auditor
Status: in_force

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.
N.D. Cent. Code § 18-01-18 — ND Code / Title 18 / Chapter 18-01 / Section 18-01-18
18-01-18. Appeal from abatement order of state fire marshal
Status: in_force

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.
N.D. Cent. Code § 18-03-09 — ND Code / Title 18 / Chapter 18-03 / Section 18-03-09
18-03-09. Volunteer firemen exempt from poll tax - Duty of secretary of department
Status: repealed

18-03-09. Volunteer firemen exempt from poll tax - Duty of secretary of department

Repealed by S.L. 1969, ch. 528, § 24.
N.D. Cent. Code § 18-12-07 — ND Code / Title 18 / Chapter 18-12 / Section 18-12-07
18-12-07. Shops and industrial arts
Status: repealed

18-12-07. Shops and industrial arts

Repealed by S.L. 1985, ch. 257, § 4.