reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2369. Statewide policy; required use of body camera policy

§ 2369. Statewide policy; required use of body camera policy
(a)(1) On and after January 1, 2022, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce a model body camera policy established by the Council, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy.
(2) Until the date set forth in subdivision (1) of this subsection, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce the Model Body Worn Camera (BWC) Policy established by the Law Enforcement Advisory Board pursuant to 2016 Acts and Resolves No. 163, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy.
(b) The Council shall incorporate the provisions of this section into training it provides. (Added 2019, No. 166 (Adj. Sess.), § 13, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2370. Record of case disposition

§ 2370. Record of case disposition
Each law enforcement agency shall maintain a record of all final judgments and settlements paid by the law enforcement agency for court claims related to alleged violations of constitutional rights established under the Constitution of the State of Vermont. All judgments, settlements, and their underlying complaints are subject to public disclosure unless an exemption applies pursuant to the Vermont Public Records Act. Any record disclosed shall include the name of the law enforcement agency and the monetary amount paid pursuant to the judgment or settlement. (Added 2021, No. 126 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2402. Law enforcement agencies; duty to adopt an effective internal affairs program

§ 2402. Law enforcement agencies; duty to adopt an effective internal affairs program
(a) Each law enforcement agency shall adopt an effective internal affairs program in order to manage complaints regarding the agency’s law enforcement officers.
(b) The Council shall create an effective internal affairs program model policy that may be used by law enforcement agencies to meet the requirements of this section. (Added 2017, No. 56, § 1, eff. July 1, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2403. Law enforcement agencies; duty to report

§ 2403. Law enforcement agencies; duty to report
(a)(1) The executive officer of a law enforcement agency or the chair of the agency’s civilian review board shall report to the Council within 10 business days if any of the following occur in regard to a law enforcement officer of the agency:
(A) Category A.
(i) There is a finding of probable cause by a court that the officer committed Category A conduct.
(ii) There is any decision or findings of fact or verdict regarding allegations that the officer committed Category A conduct, including a judicial decision and any appeal from a decision.
(B) Category B.
(i) The agency receives a credible complaint against the officer that alleges that the officer committed Category B conduct.
(ii) The agency receives or issues any of the following:
(I) a report or findings of a valid investigation finding that the officer committed Category B conduct; or
(II) any decision or findings, including findings of fact or verdict, regarding allegations that the officer committed Category B conduct, including a hearing officer decision, arbitration, administrative decision, or judicial decision, and any appeal from such a decision.
(C) Termination. The agency terminates the officer for Category A or Category B conduct.
(D) Resignation. The officer resigns from the agency while under investigation for unprofessional conduct.
(2) As part of his or her report, the executive officer of the agency or the chair of the civilian review board shall provide to the Council a copy of any relevant documents associated with the report, including any findings, decision, and the agency’s investigative report.
(b) The Council shall provide a copy of any report and the relevant documents provided with it to the Council Advisory Committee, which shall recommend any appropriate action to take in regard to a law enforcement officer who is the subject of that report.
(c) The Executive Director of the Council shall report to the Attorney General and the State’s Attorney of jurisdiction any allegations that an officer committed Category A conduct. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 166 (Adj. Sess.), § 15, eff. Oct. 1, 2020; 2021, No. 20, § 164.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2404. Investigations

§ 2404. Investigations
(a) Agency investigations of Category A and B conduct.
(1)(A) Each law enforcement agency shall conduct a valid investigation of any complaint alleging that a law enforcement officer employed by the agency committed Category A or Category B conduct. An agency shall conclude its investigation even if the officer resigns from the agency during the course of the investigation.
(B) Notwithstanding the provisions of subdivision (A) of this subdivision (1), a law enforcement agency shall refer to the Council any unprofessional conduct complaints made against a law enforcement officer who is the executive officer of that agency.
(2)(A) The Council shall accept from any source complaints alleging a law enforcement officer committed unprofessional conduct and, if the Executive Director of the Council deems such a complaint credible, he or she shall refer any complaints regarding Category A or Category B conduct to the executive officer of the agency who employs that officer, and that agency shall conduct a valid investigation.
(B) Notwithstanding the provisions of subdivision (A) of this subdivision (2), the Council shall cause to be conducted an alternate course of investigation if the allegation is in regard to a law enforcement officer who is the executive officer of the agency.
(b) Exception to an agency’s valid investigation. Notwithstanding a law enforcement agency’s valid investigation of a complaint, the Council may investigate that complaint or cause the complaint to be investigated if the officer resigned before a valid investigation had begun or was completed.
(c) Council investigations of Category C conduct. The Council shall investigate allegations of Category C conduct. (Added 2017, No. 56, § 1, eff. July 1, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2405. Council sanction procedure

§ 2405. Council sanction procedure
Except as otherwise provided in this subchapter, the Council shall conduct its proceedings in accordance with the Vermont Administrative Procedure Act. This includes the ability to summarily suspend the certification of a law enforcement officer in accordance with 3 V.S.A. § 814(c). (Added 2017, No. 56, § 1, eff. July 1, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2406. Permitted Council sanctions

§ 2406. Permitted Council sanctions
(a) Generally. The Council may impose any of the following sanctions on a law enforcement officer’s certification upon its finding that a law enforcement officer committed unprofessional conduct:
(1) written warning;
(2) suspension, but to run concurrently with the length and time of any suspension imposed by a law enforcement agency with an effective internal affairs program, which shall amount to suspension for time already served if an officer has already served a suspension imposed by his or her agency with such a program;
(3) revocation, with the option of recertification at the discretion of the Council; or
(4) permanent revocation.
(b) Intended revocation; temporary voluntary surrender.
(1)(A) If, after an evidentiary hearing, the Council intends to revoke a law enforcement officer’s certification due to its finding that the officer committed unprofessional conduct, the Council shall issue a decision to that effect.
(B) Within 10 business days from the date of that decision, such an officer may voluntarily surrender his or her certification if there is a pending labor proceeding related to the Council’s unprofessional conduct findings.
(C) A voluntary surrender of an officer’s certification shall remain in effect until the labor proceeding and all appeals are finally adjudicated or until the officer requests a final sanction hearing, whichever occurs first, and thereafter until the Council’s final sanction hearing on the matter. At that hearing, the Council may modify its findings and decision on the basis of additional evidence, but shall not be bound by any outcome of the labor proceeding.
(2) If an officer fails to voluntarily surrender his or her certification in accordance with subdivision (1) of this subsection, the Council’s original findings and decision shall take effect. (Added 2017, No. 56, § 1, eff. July 1, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2407. Limitation on Council sanctions

§ 2407. Limitation on Council sanctions
(a) Council sanctions; first offense of Category A and certain Category B conduct. After a valid investigation of Category A and Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for a first offense of:
(1) Category A conduct as defined in subdivision 2401(1) of this title; or
(2) the following instances of Category B conduct as defined in subdivision 2401(2) of this title:
(A) sexual harassment involving physical contact pursuant to subdivision 2401(2)(A) of this title;
(B) excessive use of force under authority of the State pursuant to subdivision 2401(2)(C) of this title;
(C) placing a person in a chokehold pursuant to subdivision 2401(2)(F) of this title;
(D) failing to intervene and report to a supervisor when an officer observes another officer placing a person in a chokehold or using excessive force pursuant to subdivision 2401(2)(G) of this title;
(E) attempting to cause or causing physical harm to a family or household member, or placing a family or household member in fear of imminent serious physical harm pursuant to subdivision 2401(2)(H) of this title; or
(F) a violation of the Domestic Violence Involving Law Enforcement Model Policy adopted pursuant to section 2365 of this title pursuant to subdivision 2401(2)(I) of this title.
(b) Council action; second or subsequent offense of certain other Category B conduct. After a valid investigation of Category B conduct made pursuant to section 2404 of this title concludes, the Council may impose a sanction for an offense of Category B conduct not specified in subdivision (a)(2) of this section only for the second or subsequent offense.
(c) “Offense” defined. As used in this section, an “offense” means any offense committed by a law enforcement officer during the course of the law enforcement officer’s certification, and includes any offenses committed during employment at a current or previous law enforcement agency. (Added 2017, No. 56, § 1, eff. July 1, 2018; amended 2019, No. 147 (Adj. Sess.), § 5, eff. Sept. 1, 2020; 2021, No. 27, § 6, eff. Oct. 1, 2021; 2023, No. 74, § 4, eff. June 19, 2023.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 2408. Invalid investigations

§ 2408. Invalid investigations
Nothing in this subchapter shall prohibit the Council from causing a complaint to be investigated or taking disciplinary action on an officer’s certification if the Council determines that a law enforcement agency’s investigation of the officer’s conduct did not constitute a valid investigation. (Added 2017, No. 56, § 1, eff. July 1, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2482. Body corporate; first meeting

§ 2482. Body corporate; first meeting
The inhabitants of the district shall be a body corporate. The first meeting shall be called by the selectboard in the manner provided for warning fire district meetings. The selectboard chair or, in the chair’s absence, either of the others shall preside at such meeting. (Amended 2021, No. 105 (Adj. Sess.), § 391, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2483. Annual and special meetings

§ 2483. Annual and special meetings
The annual fire district meeting shall be held on the second Monday in January, or at such other time as the district at any regular or special meeting may determine, and shall be warned by the clerk, or, in the clerk’s absence or neglect, by one of the prudential committee. Special meetings shall be warned in the same manner on application in writing by three or more voters of the district, or by five percent of the voters of the district, whichever is greater. A warning for a fire district meeting shall state the business to be transacted. The time and place of holding the meeting shall be posted in two or more public places in the district not more than 40 days nor less than 30 days before the meeting and recorded in the office of the clerk before the same is posted. (Amended 1985, No. 196 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2485. Officers generally

§ 2485. Officers generally
A fire district shall elect at its first meeting and at each annual meeting thereafter a clerk, a treasurer, and a collector of taxes. Such fire district may elect a chief engineer and such assistant engineers as are necessary, whether or not they are inhabitants of the district, who shall rank in the order of their election. Such officers shall hold office until the next annual meeting and until others are elected. A vacancy in any office may be filled by the prudential committee. Such district at its first meeting shall elect a prudential committee that shall consist of three persons, who shall serve for one, two, and three years, respectively. Thereafter at each annual meeting a member of such committee shall be elected for the term of three years. If the fire district so votes, two additional persons may be elected to such committee for a term of one year. A vacancy in such committee may be filled at an annual meeting, or at a special meeting called for that purpose, but the selectboard of the town in which such district is located may fill a vacancy in such committee until an election by the appointment of a resident of such district. When a meeting is not held on the second Monday in January, the officers of the district may be elected at a special meeting. The officers shall be elected by ballot if demanded by a voter and by a majority vote. (Amended 1993, No. 77, § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2486. Collector

§ 2486. Collector
A fire district may elect the collector of town taxes, although he or she is not an inhabitant of the district, to be collector of fire district taxes. If he or she accepts the office, he or she shall have the powers and be subject to the duties imposed upon fire district collectors.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2488. Board of tax abatement

§ 2488. Board of tax abatement
The board for the abatement of taxes of a fire district shall consist of the prudential committee, the clerk of the committee, the justices of the peace, and listers residing in the district. The board may abate taxes accruing to such municipality in all cases where a different provision is not made by the charter, acts of incorporation, or amendments to the charter or acts of incorporation of the municipality. (Amended 2021, No. 20, § 165.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2489. Fire districts; two or more towns

§ 2489. Fire districts; two or more towns
(a) Where the limits of a proposed fire district include two or more towns, or portions of two or more towns, irrespective of whether the towns are situated in different counties, the application set forth in section 2481 of this title shall be made to the selectboard of each such town and the selectboard of each town as provided in section 2481 of this title may establish the proposed fire district and define its limits. The selectboard of each town shall file a certificate of their doings for record in the office of their respective town clerks and, if the proposed district extends into more than one county, in the office of the clerk of each such county. The selectboard may change the limits of the fire district upon a similar application subject to the approval of the fire district as provided in this chapter.
(b) The first meeting of the fire district shall be called by the combined membership of the selectboards of the several towns in the manner provided for warning fire district meetings. The combined membership shall elect from its members a chair to preside at the first meeting. Where a vacancy in the prudential committee arises, the vacancy in the committee may be filled by the combined vote of the selectboard of each town. The fire district shall have all the same rights, duties, obligations, and responsibilities, and be governed by all of the provisions relating to fire districts located wholly within the limits of one town. (Added 1971, No. 62, § 1, eff. April 14, 1971.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2541. Formation

§ 2541. Formation
At an annual or special meeting, by a majority vote of those present and voting, towns may vote to form a fire district whose limits shall be the town limits, provided the warning for such meeting contains an article to that effect. (Amended 1971, No. 62, § 2, eff. April 14, 1971.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2601. Generally

§ 2601. Generally
A fire district may vote to adopt the town manager system in compliance with 24 V.S.A. chapter 37. It may vote a tax upon the taxable estate for the protection of property in the district from damage by fire; for the acquisition, construction, and maintenance of sewers and sewage treatment works; sidewalks; public parks; water works, water companies, and equipment and real estate used in connection therewith, including reservoirs and dams; for lighting; and for other lawful purposes. The prudential committee and collector shall have the same power in assessing, levying, and collecting the tax, as town officers have in assessing and collecting town taxes, including the collection of interest on overdue taxes. The prudential committee may expend such sums for acquiring, constructing, and maintaining sewers and sewage treatment works; sidewalks; public parks; water works, water companies, and all equipment and real estate used in connection therewith, including reservoirs and dams; and for lighting purposes as the fire district may vote. The committee may use and occupy such portions of the highways within the district as may be necessary for constructing and maintaining sewers and sewage treatment works; sidewalks; public parks; water works and mains, and for lighting purposes. (Amended 1969, No. 223 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 133 (Adj. Sess.), § 2, eff. April 2, 1982.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2602. Matters subject to regulation by bylaws

§ 2602. Matters subject to regulation by bylaws
A fire district at its meetings may regulate by bylaws the manufacture and safekeeping of ashes, gunpowder, and combustibles, and the preservation of buildings from fire by precautionary measures and by inspection.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2604. Preservation of property

§ 2604. Preservation of property
In the name of the district, the prudential committee may make contracts and expenditures for the preservation of property in the district from damage by fire as they deem necessary and draw orders on the treasury for that purpose. However, the committee shall not bind the district for a greater sum than has been voted. (Amended 2021, No. 20, § 166.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2606. Eminent domain

§ 2606. Eminent domain
When a fire district decides to erect a building for the preservation of its fire apparatus and the location of land for the building is determined, if the owner of the land refuses to convey the land to the district at a price that the district deems reasonable, the district may take the land in the same manner as a town may take land for town purposes as provided in 24 V.S.A. §§ 2805-2812. The duties imposed by 24 V.S.A. §§ 2805-2812 upon the selectboard shall be performed by the prudential committee of the district. All petitions and notices shall be served on the clerk of the district in lieu of on the town clerk as provided pursuant to 24 V.S.A. §§ 2805-2812. (Amended 2021, No. 20, § 167.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2671. Duties generally

§ 2671. Duties generally
The chief engineer, or, in his or her absence, the assistants in the order of their rank, under the supervision of the prudential committee, shall have charge of the apparatus for the prevention and extinguishment of fires, and shall keep the same in serviceable order. When on duty, an engineer shall wear conspicuously a badge of office with his or her rank inscribed thereon.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2672. Enforcement of bylaws; alteration and repair of fireplaces, furnaces, and stoves

§ 2672. Enforcement of bylaws; alteration and repair of fireplaces, furnaces, and stoves
The chief engineer may carry into effect any bylaw or rule of the district and may direct alterations in the position and repairs of fireplaces, furnaces, stoves, and other things from which damage from fire is apprehended. If the directions are not complied with promptly, he or she may cause the change or repairs to be made and recover the expense of the change or repairs, with costs, from the owner or possessor in a civil action in the name of the district. (Amended 2021, No. 20, § 168.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2673. Powers and duties during hazardous chemical or substance incident, fires; threat of fires or explosions

§ 2673. Powers and duties during hazardous chemical or substance incident, fires; threat of fires or explosions
(a) The chief engineer, or in the chief’s absence, the assistant highest in rank present at a hazardous chemical or substance incident or fire, shall have charge of the fire apparatus and of the companies and persons attending the hazardous chemical or substance incident or fire for the purpose of containing, controlling, or extinguishing the same and may remove goods and effects out of a building or place endangered by the hazardous chemical or substance incident or fire. The chief engineer may cause to be pulled down or removed such buildings as the chief deems necessary to prevent the spread of hazardous material or fire and for such purposes may require the assistance of inhabitants of the district. During the hazardous chemical or substance incident or fire, the chief engineer may suppress tumults or disorders and direct the labor of inhabitants present in such fire district.
(b) Where an emergency situation exists in a municipality and there is no fire, but there is an imminent threat of a hazardous chemical or substance incident, fire, or explosion, the ranking member of the fire company responding will be in charge as long as the imminent threat continues. Where there is a threat of bombing, the fire department shall surrender responsibility to the police department having jurisdiction in the area.
(c) The ranking member of a fire department shall have authority to direct, control, and supervise traffic at the scene of a fire or other emergency to which a fire department has responded.
(d) [Repealed.] (Amended 1961, No. 52, § 1; 1975, No. 222 (Adj. Sess.), § 1, eff. May 7, 1976; 1991, No. 29, § 1; 1993, No. 194 (Adj. Sess.), § 10, eff. June 14, 1994; 2009, No. 135 (Adj. Sess.), § 26(8)(A).)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2674. Assistance outside district

§ 2674. Assistance outside district
When a fire occurs in a fire district or town and application for assistance is made to an officer or inhabitant of another organized fire district by an officer or inhabitant of such district or town, if in his or her judgment assistance should be granted, the chief engineer may designate the engine and company to render such assistance.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 171 - Fire Districts › § 2675. Penalties for disobedience of order or bylaw

§ 2675. Penalties for disobedience of order or bylaw
A person who refuses to obey a lawful order or direction of an engineer or the official highest in rank present at a fire or other emergency or disobeys a bylaw of the district shall be fined not more than $250.00. (Amended 1961, No. 52, § 2; 1991, No. 29, § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 172 - Rental Housing Health and Safety › § 2676. Definition

§ 2676. Definition
As used in this chapter, “rental housing” means:
(1) a “premises” as defined in 9 V.S.A. § 4451 that is subject to 9 V.S.A. chapter 137 (residential rental agreements); and
(2) a “short-term rental” as defined in 18 V.S.A. § 4301 and subject to 18 V.S.A. chapter 85, subchapter 7. (Added 2021, No. 181 (Adj. Sess.), § 1, eff. June 7, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 172 - Rental Housing Health and Safety › § 2677. Rental housing; rules; inspections; penalty

§ 2677. Rental housing; rules; inspections; penalty
(a) Rules. The Commissioner of Public Safety may adopt rules to prescribe standards for the health, safety, sanitation, and fitness for habitation of rental housing that the Commissioner determines are necessary to protect the public, property owners, and property against harm.
(b) Inspections.
(1) After adopting rules pursuant to subsection (a) of this section, the Commissioner shall design and implement a complaint-driven system to conduct inspections of rental housing.
(2) When conducting an inspection, the Commissioner shall:
(A) issue a written inspection report on the unit or building that:
(i) contains findings of fact that serve as the basis of one or more violations;
(ii) specifies the requirements and timelines necessary to correct a violation;
(iii) provides notice that the landlord is prohibited from renting the affected unit to a new tenant until the violation is corrected; and
(iv) provides notice in plain language that the landlord or agents of the landlord must have access to the rental unit to make repairs as ordered by the Commissioner consistent with the access provisions in 9 V.S.A. § 4460;
(B) provide a copy of the inspection report to the landlord, to the person who requested the inspection, and to any tenants who are affected by a violation:
(i) electronically, if the Department has an electronic mailing address for the person; or
(ii) by first-class mail, if the Department does not have an electronic mailing address for the person;
(C) if an entire building is affected by a violation, provide a notice of inspection directly to the individual tenants, and may also post the notice in a common area, that specifies:
(i) the date of the inspection;
(ii) that violations were found and must be corrected by a certain date;
(iii) how to obtain a copy of the inspection electronically or by first-class mail; and
(iv) if the notice is posted in a common area, that the notice shall not be removed until authorized by the Commissioner; and
(D) make the inspection report available as a public record.
(c) Penalties. If the person responsible for a violation does not comply with the requirements and timelines specified in an inspection report issued pursuant to subsection (b) of this section, the Commissioner may impose an administrative penalty that is reasonably related to the severity of the violation, not to exceed $1,000.00 per violation. (Added 2021, No. 181 (Adj. Sess.), § 1, eff. June 7, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2681. Commissioner of Public Safety as Fire Marshal; deputy and assistants; HAZMAT emergency operation team

§ 2681. Commissioner of Public Safety as Fire Marshal; deputy and assistants; HAZMAT emergency operation team
(a) The Commissioner of Public Safety shall be ex officio Fire Marshal. The Commissioner shall annually by March 15 submit to the Governor a detailed report. A copy of this report shall be mailed to each fire department, paid or volunteer, in the State of Vermont. Subject to the approval of the Governor, the Commissioner may appoint a deputy fire marshal and other necessary assistants who shall assist him or her as State Fire Marshal.
(b), (c) [Repealed.] (Amended 1971, No. 75, § 1, eff. April 16, 1971; 1973, No. 137 (Adj. Sess.), § 1; 1993, No. 194 (Adj. Sess.), § 11, eff. June 14, 1994; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 122 (Adj. Sess.), § 294p; 2003, No. 122 (Adj. Sess.), § 294y, eff. April 1, 2005; 2005, No. 8, § 1, eff. April 25, 2005; 2009, No. 135 (Adj. Sess.), § 26(8)(B), eff. May 29, 2010.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2685. Record of fires

§ 2685. Record of fires
The Fire Marshal shall keep in his or her office a record of every fire occurring in this State that causes serious injury to any person or loss or damage to property in excess of $200.00. He or she shall record all the facts concerning these fires, including statistics as to their extent and the damage caused thereby, and whether the losses were covered by insurance and, if so, in what amount. The record shall be made daily from the reports made to him or her under the provisions of this chapter. All such records shall be public, except information and testimony taken where arson is suspected. (Amended 1973, No. 137 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2688. Report of fire insurance company

§ 2688. Report of fire insurance company
When required by the Commissioner, a fire insurance company or association transacting business in this State shall report to such Commissioner, after the adjustment of a loss, the amount of all policies issued by such company or association on the property destroyed or damaged, the amount paid or payable on account of such loss, and such other information relating to the matter as the Commissioner may require.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2689. Failure of officer to preform duty

§ 2689. Failure of officer to preform duty
An officer referred to in section 2831 of this title who intentionally neglects to comply with any of the requirements of this chapter shall be fined not more than $100.00 nor less than $10.00. (Amended 2021, No. 20, § 169.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2728. Director of Fire Safety

§ 2728. Director of Fire Safety
There shall be a Director of Fire Safety, who shall be responsible for the operation and supervision of the Fire Safety Division of the Department of Public Safety. The Director shall report directly to the Commissioner and shall serve as a member of the Fire Service Training Council. The Director shall be an exempt State employee and shall be appointed by the Commissioner, with the approval of the Governor. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2729. General provisions

§ 2729. General provisions
(a) A person shall not build or cause to be built any structure that is unsafe or likely to be unsafe to other persons or property in case of fire or generation and leakage of carbon monoxide.
(b) A person shall not maintain, keep, or operate any premises or any part thereof, or cause or permit to be maintained, kept, or operated, any premises or part thereof, under his or her control or ownership in a manner that causes or is likely to cause harm to other persons or property in case of fire or generation and leakage of carbon monoxide.
(c) On premises under a person’s control, excluding single family owner-occupied houses and premises, that person shall observe rules adopted under this subchapter for the prevention of fires and carbon monoxide leakage that may cause harm to other persons or property.
(d) Any condominium or multiple unit dwelling using a common roof, or row houses so-called, or other residential buildings in which people sleep, including hotels, motels, and tourist homes, excluding single family owner-occupied houses and premises, whether the units are owned or leased or rented, shall be subject to the rules adopted under this subchapter and shall be provided with one or more carbon monoxide detectors, as defined in 9 V.S.A. § 2881(3), properly installed according to the manufacturer’s requirements. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 19, § 2, eff. July 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2733. Orders to repair, rehabilitate, or remove structure

§ 2733. Orders to repair, rehabilitate, or remove structure
(a) Whenever the Commissioner finds that premises or any part of them does not meet the standards adopted under this subchapter, the Commissioner may order it repaired or rehabilitated. If it is not repaired or rehabilitated within a reasonable time as specified by the Commissioner in his or her order, the Commissioner may order the premises or part of them closed, if by doing so the public safety will not be imperiled; otherwise he or she shall order demolition and removal of the structure, or fencing of the premises. Whenever a violation of the rules is deemed to be imminently hazardous to persons or property, the Commissioner shall order the violation corrected immediately. If the violation is not corrected, the Commissioner may then order the premises or part of them immediately closed and to remain closed until the violation is corrected.
(b) Whenever a structure, by reason of age, neglect, want of repair, action of the elements, destruction, either partial or total by fire or other casualty or other cause, is so dilapidated, ruinous, decayed, filthy, unstable, or dangerous as to constitute a material menace or damage in any way to adjacent property, or to the public, and has so remained for a period of not less than one week, the Commissioner may order such structure demolished and removed.
(c) Orders issued under this section shall be served by certified mail with return receipt requested or, in the discretion of the Commissioner, shall be served in the same manner as summonses are served under the Vermont Rules of Civil Procedure promulgated by the Supreme Court, to all persons who have a recorded interest in the property recorded in the place where land records for the property are recorded, including owners, tenants, mortgagees, attaching creditors, lien holders, and public utilities or water companies serving the premises. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2734. Penalties

§ 2734. Penalties
(a) A person who violates any provision of this subchapter or any order or rule issued pursuant to this subchapter shall be fined not more than $10,000.00. The State’s Attorney of the county in which the violation occurs shall prosecute the violation and may commence a proceeding in the Superior Court to compel compliance with the order or rule, and the court may make orders and decrees in relation to the proceeding by way of writ of injunction or otherwise.
(b) A person who fails to comply with a lawful order issued under authority of this subchapter in case of sudden emergency shall be fined not more than $20,000.00. A person who fails to comply with an order requiring notice shall be fined $200.00 for each day’s neglect commencing with the effective date of the order or the date the order is finally determined if an appeal has been filed.
(c) The Commissioner may, after notice and opportunity for hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter or any rule adopted under this subchapter. Penalties assessed pursuant to this subsection shall be based on the severity of the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority under subsection (a) of this section.
(d) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20, § 171.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2735. State buildings

§ 2735. State buildings
The Commissioner shall establish a risk classification system for all State buildings. State buildings classified as high or medium risk shall be inspected at least every five years. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2011, No. 139 (Adj. Sess.), § 17, eff. May 14, 2012.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2736. Municipal enforcement

§ 2736. Municipal enforcement
(a) The legislative body of a municipality may appoint one or more trained and qualified officials and may establish procedures to enforce rules and standards adopted under subsection 2731(a) of this title. After considering the type of buildings within the municipality, if the Commissioner determines that the training, qualifications, and procedures are sufficient, he or she may assign responsibility to the municipality for enforcement of some or all of these rules and standards. The Commissioner may also assign responsibility for enforcement of the rules of the Access Board adopted under section 2902 of this title. The Commissioner shall provide continuing review, consultation, and assistance as may be necessary. The assignment of responsibility may be revoked by the Commissioner after notice and an opportunity for hearing if the Commissioner determines that the training, qualifications, or procedures are insufficient. The assignment of responsibility shall not affect the Commissioner’s authority under this subchapter.
(b) If a municipality assumes responsibility under subsection (a) of this section for performing any functions that would be subject to a fee established under subsection 2731(c) of this title, the municipality may establish and collect reasonable fees for its own use, and no fee shall be charged for the benefit of the State.
(c) Subject to rules adopted under section 2731 of this title, municipal officials appointed under this section may enter any premises in order to carry out the responsibilities of this section. The officials may order the repair, rehabilitation, closing, demolition, or removal of any premises to the same extent as the Commissioner may under section 2733 of this title.
(d) Upon a determination by the Commissioner that a municipality has established sufficient procedures for granting variances and exemptions, such variances and exemptions may be granted to the same extent authorized under subsection 2731(e) of this title.
(e) The results of all activities conducted by municipal officials under this section shall be reported to the Commissioner periodically upon request.
(f) Nothing in this section shall be interpreted to decrease the authority of municipal officials under other laws, including laws concerning building codes and laws concerning housing codes. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2738. Fire Prevention and Building Inspection Special Fund

§ 2738. Fire Prevention and Building Inspection Special Fund
(a) The Fire Prevention and Building Inspection Special Fund revenues shall be from the following sources:
(1) fees relating to construction and inspection of public building and fire prevention inspections under section 2731 of this title;
(2) fees relating to boilers and pressure vessels under section 2883 of this title;
(3) fees relating to electrical installations and inspections and the licensing of electricians under 26 V.S.A. §§ 891-915;
(4) fees relating to cigarette certification under section 2757 of this title; and
(5) fees relating to plumbing installations and inspections and the licensing of plumbers under 26 V.S.A. §§ 2171-2199.
(b) Fees collected under subsection (a) of this section shall be available to the Department of Public Safety to offset the costs of the Division of Fire Safety.
(c) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2005, No. 6, § 85, eff. March 26, 2005; 2009, No. 134 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2752. Smoking

§ 2752. Smoking
(a) A person who smokes a pipe, cigar, or cigarette in a mill, factory, barn, stable, or other outbuilding belonging to or occupied by another person, or in a public building in which a notice containing this section, prohibiting such smoking, signed by the owner, agent, occupant, or custodian of the same is posted conspicuously near the main entrance thereof, shall be fined not more than $5.00.
(b) All prosecutions under this section shall be commenced within 30 days from the date of the offense.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2756. Purpose

§ 2756. Purpose
It is the intent of this subchapter to require that only reduced ignition propensity cigarettes be sold in Vermont. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce fires and related personal injury and property damage caused by cigarette smoking. (Added 2005, No. 68, § 1, eff. May 1, 2006; amended 2021, No. 20, § 172.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2799. Definitions

§ 2799. Definitions
As used in this subchapter:
(1) “Explosive material” includes “explosives,” “explosive material,” “blasting agents,” and “detonators,” as defined in 18 U.S.C. § 841, as amended, and regulations promulgated pursuant to that section.
(2) “Flammable material” means, in addition to its ordinary meaning, motion picture film.
(3) “Hazardous material” means any substance having such properties that it may spontaneously or acting under the influence of any thing contiguous or of any chemical or physical agency ignite or generate flammable or explosive vapors or gases to a dangerous extent.
(4) “Petroleum product” includes liquid petroleum gas, explosive flammable gases, and flammable fluids, compounds, or tablets, derived in whole or in part from petroleum. (Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005; amended 2021, No. 20, § 173.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2800. Rules and standards

§ 2800. Rules and standards
The Commissioner may adopt rules and standards for explosion prevention, fire prevention, and public safety with respect to the safekeeping, storage, use, manufacturing, sale, handling, transportation, and other disposition of explosive materials, flammable materials, hazardous materials, petroleum, and petroleum products. The Commissioner may prescribe the location, materials, and construction of buildings and other facilities to be used for these purposes. (Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2801. Seizure of materials

§ 2801. Seizure of materials
Without warrant, the Commissioner, a member of the State Police, a sheriff, a deputy sheriff, a police officer, or a constable may seize materials held by a person in violation of rules adopted under this subchapter and hold the same subject to the order of the court taking jurisdiction of the offense. (Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2802. Orders

§ 2802. Orders
After an inspection, the Commissioner may issue an appropriate order to remove or abate a condition dangerous to persons or property involving explosive materials, flammable materials, or hazardous materials. This order shall be served on the owner or occupant of the premises on which the condition exists. (Added 2003, No. 141 (Adj. Sess.), § 4, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2831. Investigations

§ 2831. Investigations
(a) The Fire Marshal and the Fire Marshal’s assistants are authorized to investigate the cause, origin, and circumstances of every fire within the State that causes injury to any person or that causes damage or loss of property in excess of $200.00. The Fire Marshal and the Fire Marshal’s assistants shall make a special investigation of any fire of suspicious origin. In any investigation carried out by the Fire Marshal, the Fire Marshal shall cooperate with the local fire department.
(b) The chief of a volunteer or paid fire department or the chief’s designee and, in towns lacking a fire department, the selectboard chair shall investigate the cause, origin, and circumstances of every fire occurring in the jurisdiction that causes injury to any person or that causes damage or loss of property in excess of $200.00. The chief or the selectboard chair may make a special investigation as to whether a fire was the result of carelessness or accident and shall make a special investigation of any fire of suspicious origin. (Amended 1973, No. 137 (Adj. Sess.), § 3; 2021, No. 105 (Adj. Sess.), § 393, eff. July 1, 2022.)