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2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2832. Time of investigation; supervision and direction

§ 2832. Time of investigation; supervision and direction
An investigation pursuant to section 2831 of this subchapter shall be begun within five days after the occurrence of the fire or as soon thereafter as it appears that there is cause for an investigation. The Fire Marshal or the Deputy Fire Marshal shall have the right to supervise and direct the investigation whenever he or she deems it necessary or expedient. (Amended 2021, No. 20, § 174.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2833. Reports to Fire Marshal

§ 2833. Reports to Fire Marshal
(a) The chief of a volunteer or paid fire department or, if there is no fire department, the selectboard chair of a town shall within five days of the occurrence of a fire within the jurisdiction that causes serious injury to any person or loss or damage to property that exceeds $200.00 forward a report of the fire to the State Fire Marshal on forms provided by the Fire Marshal. If the reporting officer has reason to believe that a fire is of suspicious origin, the officer shall report that fact to the State Fire Marshal immediately. No fee shall be paid or allowed any officer for rendering the report required by this subsection.
(b) An officer referred to in subsection (a) of this section who intentionally neglects to comply with any of the requirements of this subchapter shall be fined not more than $100.00. (Amended 1973, No. 137 (Adj. Sess.), § 4; 2021, No. 20, § 175; 2021, No. 105 (Adj. Sess.), § 394, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2835. Superior judge

§ 2835. Superior judge
If a selectperson of a town or a mayor of a city is informed that a building, pile of wood, lumber, or bark, or any other property in the municipality, has been intentionally and maliciously set on fire or burned, a majority of the selectboard, or the mayor, may apply to a Superior judge, who shall inquire into the cause of the fire and the manner in which it was set and the property burned. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 73, eff. April 9, 1974; 2021, No. 20, § 176.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2861. Generally

§ 2861. Generally
When it may seem to be for the public good, the Fire Marshal shall personally visit and investigate any fire in accordance with the provisions of this chapter and shall be repaid for any related expenses out of the funds appropriated to the Division of Fire Safety. (Amended 2021, No. 20, § 177.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2864. Attendance of witnesses; production of documents

§ 2864. Attendance of witnesses; production of documents
The Fire Marshal and the Deputy Fire Marshal, or either of them, may summon and compel the attendance of witnesses to testify relative to any matter that is subject to an inquiry or investigation pursuant to the provisions of this chapter and may require the production of any book, paper, or document that they deem pertinent to the inquiry or investigation. Witnesses shall be subpoenaed in the same manner as witnesses in the Criminal Division of the Superior Court and a person shall not be excused from appearing before the Fire Marshal or Deputy Fire Marshal when summoned to appear. A witness shall receive the same compensation as is paid in the Criminal Division of the Superior Court, which shall be paid out of the Fire Prevention and Building Inspection Special Fund upon vouchers signed by the Fire Marshal or Deputy Fire Marshal before whom the witnesses appeared. At the close of the investigation for which the witnesses were subpoenaed the officer shall certify to their attendance and mileage and the certificate shall be filed in the Office of the Fire Marshal. (Amended 2009, No. 154 (Adj. Sess.), § 238; 2021, No. 20, § 178.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2865. Privacy of hearings

§ 2865. Privacy of hearings
All investigations held by or under the direction of the Fire Marshal or Deputy Fire Marshal may, in his or her discretion, be private. Persons other than those required to be present by the provisions of this chapter may be excluded from the place where such investigation is held. Witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2866. Testimony under oath

§ 2866. Testimony under oath
When in his or her opinion further investigation is necessary, the Fire Marshal shall take or cause to be taken the testimony under oath of all persons supposed to have knowledge of any facts or to have means of knowledge relating to any fire or matter regarding which an examination is required to be made pursuant to this chapter, and he or she shall cause the testimony to be reduced to writing. (Amended 2021, No. 20, § 179.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2867. Administration of oaths; perjury

§ 2867. Administration of oaths; perjury
The Fire Marshal and Deputy Fire Marshal may each administer oaths and affirmations to any person appearing as a witness before them. A person who falsely swears in any matter or proceeding shall be deemed guilty of perjury and shall be punished accordingly.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2868. Contempt

§ 2868. Contempt
A witness may be punished as for contempt of court who:
(1) refuses to obey a summons of the Fire Marshal or Deputy Fire Marshal; or
(2) refuses to be sworn or to testify; or
(3) disobeys a lawful order of the Fire Marshal or Deputy Fire Marshal in relation to an investigation instituted by him or her; or
(4) fails or refuses to produce any book, paper, or document relating to any matter under investigation or examination; or
(5) is guilty of any contemptuous act after being summoned to appear before the Fire Marshal or Deputy Fire Marshal to give testimony relating to any matter under examination or investigation. (Amended 2021, No. 20, § 180.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2869. Prosecution

§ 2869. Prosecution
After making such investigation, if the Fire Marshal or Deputy Fire Marshal is of the opinion that there is probable cause to believe a person guilty of the crime of arson, or of an attempt to commit the crime of arson, or of a conspiracy to defraud, or any criminal conduct in connection with such fires, he or she shall furnish to the State’s Attorney a copy of all such testimony together with the names and residences of witnesses and all necessary information obtained by him or her. Such State’s Attorney shall take such action as the facts justify and diligently inquire into all circumstances attending the fire. The Fire Marshal may assist in the prosecution either in person or by the Deputy Fire Marshal.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2881. General provisions

§ 2881. General provisions
(a) A person shall not install or maintain a boiler or pressure vessel that is unsafe or likely to be unsafe to other persons or property.
(b) A person shall not operate, cause to be operated, or permit to be operated any boiler or pressure vessel under his or her control or ownership in a manner that causes or is likely to cause harm to other persons or property. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2882. Rules; installation standards

§ 2882. Rules; installation standards
(a) The Commissioner may adopt rules pertaining to boilers and pressure vessels, and standards to be observed, necessary for the safety and protection of the public, employees, and property. The Commissioner may provide for operating certificates to be issued before a boiler or pressure vessel may be used.
(b) A boiler or pressure vessel regulated by the rules adopted under this section shall be designed, manufactured, and assembled in accordance with the relevant standards published by the:
(1) American Society of Mechanical Engineers;
(2) Canadian Standards Association;
(3) European Committee for Standardization, for boilers with a maximum water jacket size of 60 gallons, a maximum input of 250,000 Btu, and a maximum relief valve setting of 30 pounds per square inch gauge; or
(4) European Committee for Standardization, for boilers or pressure vessels with an input of greater than 250,000 Btu or a water jacket size of greater than 60 gallons as approved by the Commissioner.
(c) A boiler or pressure vessel regulated by the rules adopted under this section shall be installed in accordance with the National Board Inspection Code, as amended, including control, safety, and pressure relief devices in accordance with the relevant standards published by the American Society of Mechanical Engineers.
(d) A boiler or pressure vessel regulated by the rules adopted under this section shall provide the manufacturer’s design information, instructions, data plates, and warning labels in English.
(e) In reviewing an application for a variance, the Commissioner may rely upon decisions or information from other states or governmental entities that have reviewed and approved a boiler or pressure vessel that does not meet one of the standards set forth under subsection (b) of this section. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 86 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2883. Boiler inspections

§ 2883. Boiler inspections
(a) The Commissioner has authority to obtain specific information from boiler inspectors on forms that shall first be approved by the Commissioner.
(b) The Commissioner may authorize qualified inspectors to conduct inspections under such rules as the Commissioner may prescribe.
(1) If a boiler or pressure vessel is insured, the inspection may be conducted by a qualified inspector who is employed, or contractually authorized, by the insurer.
(2) If a boiler or pressure vessel is not insured, the inspection may be conducted by any qualified inspector authorized by the Commissioner. In case the inspection is made by such an inspector, a fee shall not be charged by the Division, except a process fee of $30.00 for issuance of an operating certificate.
(c)(1) The fee for a person requesting a three-year authorization to conduct inspections shall be $150.00.
(2) A licensed boiler inspector shall carry liability insurance in an amount determined by the Department. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 134 (Adj. Sess.), § 4; 2019, No. 178 (Adj. Sess.), § 35, eff. July 1, 2021.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2884. Qualifications of inspectors

§ 2884. Qualifications of inspectors
(a) Examination. All boiler inspectors shall have passed the examination required by the National Board of Boiler and Pressure Vessel Inspectors, and hold annual certification from that Board.
(b) Education. The Commissioner shall require each boiler inspector to complete an education module regarding the State’s energy goals and how the boiler inspection profession can further those goals.
(1) The education module shall be not more than two hours and shall be required as a condition of initial authorization and authorization renewal. The module shall include education on any State or utility incentives relevant to the profession.
(A) The education module for initial authorization shall provide general information regarding the State’s energy goals.
(B) The education module for authorization renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession.
(2) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005; amended 2009, No. 134 (Adj. Sess.), § 4; 2019, No. 178 (Adj. Sess.), § 35, eff. July 1, 2021.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 173 - Prevention and Investigation of Fires › § 2885. Penalties

§ 2885. Penalties
The Commissioner may assess penalties pursuant to section 2734 of this title against a person who violates this subchapter or any rule adopted under this subchapter. (Added 2003, No. 141 (Adj. Sess.), § 4a, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2901. Access Board

§ 2901. Access Board
(a) An access board is created consisting of ten members. The members of the board shall be the Commissioner of Public Safety or designee; the Chair of the House Committee on Corrections and Institutions or designee; the Chair of the Senate Committee on Institutions or designee; the Commissioner of Buildings and General Services or designee; the State Historic Preservation Officer or designee; and five members appointed by the Governor, including an independent architect, a builder or contractor, and three individuals with disabilities representing organizations for persons with disabilities in this State, appointed by the Governor. The Governor shall also appoint one additional individual with a disability to act as an alternate for the three members with disabilities in the event one of those members is unable to attend a Board meeting. The alternate may attend all meetings and shall be paid a per diem for those meetings attended. The alternate shall vote only in the absence of an appointed member with a disability. Members and the alternate appointed by the Governor shall serve for a term of six years.
(b) The Commissioner of Public Safety or designee, shall be the Chair of the Access Board and shall convene the Board whenever an application is made for a variance. Five members of the Board shall constitute a quorum. A decision of the Board based upon a majority vote of members present shall be binding. Members of the Board who are not State employees shall receive a per diem of $50.00 for each day devoted to official duties and reimbursement for actual and necessary expenses. These expenses shall be reimbursed from the appropriation to the Department of Public Safety.
(c) The Access Board may adopt, amend, and repeal rules under 3 V.S.A. chapter 25 to carry out the provisions of this chapter. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2903. Exemptions

§ 2903. Exemptions
(a) The following are exempt from the provisions of this chapter, unless compliance with access standards is required by federal law:
(1) Alterations to privately funded and operated dwelling units consisting of two or more stories within a single dwelling unit. This exemption shall not apply to alterations of dwelling units that are operated by State or local government or units that receive federal financial assistance to alter the unit or to provide rental assistance to an altered unit.
(2) Apartments or rooming houses, cooperatives, condominiums, and other residential buildings consisting of three living units or less.
(3) Alterations to the dwelling unit in a public building in which the owner of the public building resides.
(b) Unless required by federal law, dwelling units that consist of three stories or less and two- or three-story retail establishments with a total of 15,000 square feet or less shall be exempt from any requirements pertaining to the installation of elevators. All other multistory buildings shall be provided with vertical access unless the building is exempted from this requirement pursuant to a rule of the Access Board.
(c) Unless required by federal law, any single dwelling unit of two or more stories within a building consisting of four or more dwelling units is not required to have a vertical access within the dwelling unit, provided that five percent of the dwelling units or one unit, whichever is greater, has an accessible entrance, and all the dwelling units meet or exceed the minimum standards required in section 2907 of this title. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2904. Parking spaces

§ 2904. Parking spaces
Any parking facility on the premises of a public building shall contain at least the number of parking spaces required by ADAAG standards, and in any event at least one parking space, as designated parking for individuals with ambulatory disabilities or individuals who are blind patronizing the building. The space or spaces shall be accessibly and proximately located to the building, and, subject to 23 V.S.A. § 304a(d), shall be provided free of charge. Consideration shall be given to the distribution of spaces in accordance with the frequency and persistence of parking needs. Such spaces shall be designated by a clearly visible sign that cannot be obscured by a vehicle parked in the space, by the international symbol of access and, where appropriate, by the words “van accessible”; shall otherwise conform to ADAAG standards; and shall be in accordance with the standards established under section 2902 of this title. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2009, No. 82 (Adj. Sess.), § 2; 2011, No. 62, § 40; 2013, No. 96 (Adj. Sess.), § 124.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2905. Accessibility; markings

§ 2905. Accessibility; markings
All public buildings that comply with the standards adopted under this chapter may be marked with the international symbol of access. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2906. Administration and enforcement

§ 2906. Administration and enforcement
(a) The Department of Public Safety shall enforce the provisions of this chapter relating to facilities for persons with disabilities and shall adopt rules which are necessary for the performance of its duties under this chapter.
(b) Any person may file a complaint with the Commissioner of Public Safety alleging that a public building or unit is out of compliance with the provisions of this chapter. The Commissioner shall investigate the complaint, and if substantiated, shall order that the public building or unit be brought into compliance with the provisions of this chapter within a reasonable period of time. Notwithstanding the foregoing, the Commissioner may establish a priority system for the investigation and enforcement of this chapter.
(c) Any person who fails to carry out an order or condition attached to an approval shall be fined not more than $200.00 per day, not to exceed a maximum of $10,000.00, until compliance is effected.
(d) On application by the Commissioner, the Superior Court for the county in which a violation of any rule adopted or any order issued under this chapter occurs shall have jurisdiction to enjoin or restrain the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority under this or other subchapters.
(e) The Commissioner may assess penalties under section 2734 of this title against a person who violates this chapter or any rule adopted under this chapter. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 174 - Accessibility Standards for Public Buildings and Parking › § 2907. Accessibility standards; residential construction

§ 2907. Accessibility standards; residential construction
(a) As used in this chapter, “residential construction” means new construction of one family or multifamily dwellings. “Residential construction” shall not include a single family dwelling built by the owner for the personal occupancy of the owner and the owner’s family, or the assembly or placement of residential construction that is prefabricated or manufactured out-of-state.
(b) Any residential construction shall be built to comply with all the following standards:
(1) at least one first floor exterior door that is at least 36 inches wide;
(2) first floor interior doors between rooms that are at least 34 inches wide or open doorways that are at least 32 inches wide with thresholds that are level, ramped, or beveled;
(3) interior hallways that are level and at least 36 inches wide;
(4) environmental and utility controls and outlets that are located at heights that are in compliance with standards adopted by the Vermont Access Board; and
(5) bathroom walls that are reinforced to permit attachment of grab bars.
(c) A violation of this section shall neither affect marketability nor create a defect in title of the residential construction.
(d) Prior to the sale of residential construction, a seller shall provide written disclosure to a prospective buyer detailing whether the residential construction is in compliance with the standards described in subsection (b) of this section. Disclosure shall be made on a form and in a manner prescribed by the Access Board. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2015, No. 115 (Adj. Sess.), § 1, eff. May 17, 2016.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2921. Powers and duties of official in charge

§ 2921. Powers and duties of official in charge
In towns that do not maintain a firefighting force and are served by a volunteer fire department, the official in charge of such volunteer fire department or in his or her absence the assistant highest in rank present at a fire shall have the powers and duties of a chief engineer provided in section 2673 of this title.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2922. Liability of official or member

§ 2922. Liability of official or member
An official of a volunteer fire department shall not be liable for any act or omission on his or her own part, or on the part of any member of such department, while engaged in extinguishing a fire at or near the scene of such fire, nor shall any member of such department be liable for his or her own act or omission if then acting under orders of his or her superior.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2961. Authorization

§ 2961. Authorization
Any town, city, or private volunteer fire department may, by ordinance or resolution, authorize and permit its firefighting forces and equipment to go to the aid of a person, corporation, or private volunteer fire department in another municipality, subject to any conditions and restrictions set forth in the ordinance or resolution. (Amended 2021, No. 20, § 182.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2962. Liability

§ 2962. Liability
No political subdivision or private volunteer fire department whose fire fighting forces are rendering outside aid pursuant to this subchapter shall be 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 therewith, nor shall any commissioner, chief, or the superior officer of a fire department, fire company, or other firefighting force acting pursuant to this subchapter be liable on account of any act or omission on the part of any of his or her subordinates while such subordinates are rendering aid pursuant to this subchapter under the command of an officer other than himself or herself.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2963. Payment

§ 2963. Payment
(a) The person, corporation, private volunteer fire department, or political subdivision that is aided pursuant to this subchapter may reimburse the political subdivision or private volunteer fire department furnishing such aid, such compensation for such services as may be agreed upon by a contract between such person, corporation, private volunteer fire department, or political subdivision and the private volunteer fire department or political subdivision furnishing such aid.
(b) Nothing contained in this subchapter shall prevent any assisting private volunteer fire department or political subdivision from assuming all or any part of such loss, damage, expense, or other cost as a result of assistance rendered, or from loaning such equipment, or from donating such services to the receiving private volunteer fire department or political subdivision without charge or cost.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2964. Powers, duties, rights, privileges, and immunities of members

§ 2964. Powers, duties, rights, privileges, and immunities of members
Whenever the firefighting forces of any town, city, or private volunteer fire department are rendering aid pursuant to this subchapter, the officers and members of such firefighting forces shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2965. Application to other states

§ 2965. Application to other states
The provisions of this subchapter shall apply with respect to firefighting forces and equipment of other states of the United States that render services in this State in answer to a call for assistance provided that the laws of any such state contain substantially similar provisions, as certified by the Secretary of State, with respect to firefighting forces and equipment of this State when rendering service in such other state in answer to a call for assistance.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2981. Mutual aid fire protection authorized by municipality

§ 2981. Mutual aid fire protection authorized by municipality
A municipality or fire district may vote to authorize its fire department, by its chief or chief engineer, to enter into agreements with such other duly authorized fire departments, or any private and volunteer fire department, as seem appropriate to provide mutual aid fire protection on a systematic basis. A municipal fire department so authorized may join in the formation or operation, or both, of a district fire mutual aid system, which shall be a public municipal corporation, as provided under sections 2986 through 2992 of this title. (1967, No. 255 (Adj. Sess.), § 1, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2982. Private and volunteer fire department may enter into mutual aid agreements

§ 2982. Private and volunteer fire department may enter into mutual aid agreements
A private and volunteer fire department may enter into a district fire mutual aid system, which shall be a public municipal corporation, as provided under sections 2986 through 2992 of this title. (Added 1967, No. 255 (Adj. Sess.), § 2, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2983. Voting qualifications

§ 2983. Voting qualifications
The qualifications for voting to authorize a municipal fire department to enter into mutual aid agreements shall be the same as those for the election of town officers. (Added 1967, No. 255 (Adj. Sess.), § 3, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2984. Vote on authorization

§ 2984. Vote on authorization
The vote on the question of authorizing a municipal fire department to enter into mutual aid agreements may be by voice vote or by ballot on a question substantially as follows:
Article —. To see if the town will authorize its fire department, by its chief, to enter into agreements with such other duly authorized fire departments, or any private and volunteer fire department, as seem appropriate to provide mutual fire protection on a systematic basis. (Added 1967, No. 255 (Adj. Sess.), § 4, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2985. State aid in preparation

§ 2985. State aid in preparation
When requested to do so by any fire department, the State Fire Marshal shall aid and assist in the preparation and development of agreements. (Added 1967, No. 255 (Adj. Sess.), § 5, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2986. District fire mutual aid systems; formation of

§ 2986. District fire mutual aid systems; formation of
Whenever three or more municipalities within the State vote to authorize their respective fire departments to render outside aid as provided in sections 2981 through 2985 of this title, they may, if they so desire, form a district fire mutual aid system, which shall be a public municipal corporation. They may petition the State Fire Marshal in writing to call the organization meeting of the system. (Added 1967, No. 255 (Adj. Sess.), § 6, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2987. Organization

§ 2987. Organization
Upon receipt of a petition pursuant to section 2986 of this subchapter, the State Fire Marshal shall call the first or organization meeting of the system by giving written notice to the chief of each fire department in the system and may invite private fire departments within the designated area to join in the meeting by giving similar notice to them. Each fire department shall send one delegate to the organization and subsequent meetings and shall be entitled to one vote in all proceedings. The delegate shall be the chief of each fire department or his or her designee. At the organization meeting, the members of the system shall adopt articles of association and bylaws and rules for the future government and operation of the system that shall take effect upon submission to and approval by the Attorney General, who shall cause them to be recorded by the Secretary of State. The system shall be deemed to be formally established upon that recording. The organization meeting shall also elect a board of directors consisting of such number as the delegates determine. Delegates and directors need not be residents. The board of directors shall be the governing body of the system and shall serve for terms of one year and until their successors are elected and qualify. The delegates shall choose from their number the officers of the system, except that a secretary or a treasurer, or both, may be nondelegates. All officers shall have such duties and powers as the bylaws provide. Within the limits of available funds, the directors may employ and fix the compensation of agents and other necessary personnel who shall serve at their pleasure and have and exercise such powers and authority as they may delegate to them. (Added 1967, No. 255 (Adj. Sess.), § 7, eff. Feb. 20, 1968; amended 1979, No. 31; 2021, No. 20, § 183.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2988. Powers and duties

§ 2988. Powers and duties
A district fire mutual aid system shall coordinate the services of all fire departments belonging to it so as to provide better and more efficient cooperation in the protection of life and property against fire and in the case of other accidental or natural emergency within the area that it comprises. It may establish an overall plan or plans for that coordination. Within the limits of available funds, it may acquire and operate property and equipment, including a dispatch center and a communications service, and may extend the advantages of group purchasing and benefits to departments in the system. It may provide and operate training programs for firefighters and others, or enter into agreements with other agencies or institutions to provide and operate those programs. It shall cooperate with other State agencies and with the civil defense authorities, State and local. The State Fire Marshal may give advice, recommendations, and assistance to the system on request. It may accept any and all donations, gifts, and grants of money, property, equipment, supplies, materials, and services from the federal or any State or local government, or any agency of federal, State, or local government and from any person, firm, or corporation, for any of its purposes and functions under this subchapter, and may receive and utilize the donations, gifts, and grants subject to the terms, conditions and rules governing the donations, gifts, and grants. (Added 1967, No. 255 (Adj. Sess.), § 8, eff. Feb. 20, 1968; amended 2021, No. 20, § 184.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2989. Joining and withdrawal

§ 2989. Joining and withdrawal
Additional municipalities within the State may join the system, as provided in sections 2981 through 2985 of this title, and shall be received as members subject to the approval of the board of directors. Municipalities that do not have active fire departments may be admitted as members upon such conditions as the board of directors may fix. Private fire departments within the State may also be accepted by the board of directors as members, with equal voting rights under such arrangements as are mutually agreed upon. A municipality or private fire department may, by vote of its governing board, withdraw from the system, but the withdrawal shall not be effective until 90 days after written notice of the withdrawal shall have been delivered to one of the officers of the system. (Added 1967, No. 255 (Adj. Sess.), § 9, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2990. Limitation of liability

§ 2990. Limitation of liability
There shall be no liability imposed by law on the system or on any municipality, on the personnel of its fire department, nor on any private fire department or its personnel, belonging to such a system, for failure to respond or to respond reasonably for the purpose of extinguishing a fire or assisting in the case of other accidental or natural emergency. This immunity is not intended to be exclusive of other immunities existing by statute or at common law. (Added 1967, No. 255 (Adj. Sess.), § 10, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2991. Appropriations

§ 2991. Appropriations
Municipalities belonging to such a system may raise and appropriate money for the purposes of the system. The General Assembly may authorize and appropriate money for the purposes of the system. (Added 1967, No. 255 (Adj. Sess.), § 11, eff. Feb. 20, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 175 - Local Fire Departments › § 2992. Definition

§ 2992. Definition
The term “private fire department” includes fire protection organizations operated by industries, institutions, and establishments for self-protection and also nonprofit volunteer fire associations. Nothing contained in this subchapter shall be construed to interfere with the exclusive jurisdiction vested by law in the State Forester and the State Forester’s subordinates over forest fires as provided in 10 V.S.A. § 2603(d); 10 V.S.A. chapter 83, subchapters 4 and 7; or 10 V.S.A. chapter 81, nor to affect the laws governing prevention or extinguishment of forest fires. Nothing contained in this subchapter shall be construed to interfere with general authorization vested by law in a chief engineer of a fire district or chief of a volunteer fire department to give outside aid as provided in sections 2674 and 2961 of this title. (Added 1967, No. 255 (Adj. Sess.), § 12, eff. Feb. 20, 1968; amended 2021, No. 105 (Adj. Sess.), § 395, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3061. Possession

§ 3061. Possession
A person who keeps or suffers to be kept upon premises owned or occupied by him or her, within 50 rods of an inhabited building of another person, more than 50 pounds of gunpowder or nitroglycerine at one time, or more than one pound unless contained in sound canisters of tin or other metal, or a package containing more than 50 pounds of dynamite shall be fined $25.00, and $25.00 additional for each day that it is so kept after notice from an inhabitant of such town to remove the same.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3062. Unlawful transportation

§ 3062. Unlawful transportation
(a) No person shall transport, carry, or convey from one place in this State to another place in this State dynamite, gunpowder, or other explosive on a vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire.
(b) No person shall transport, carry, or convey intrastate liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosive on a vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3063. Lawful transportation

§ 3063. Lawful transportation
It shall be lawful to transport on such vessel or vehicle small arms; ammunition in any quantity; and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of a half pound each, and not exceeding 20 samples at one time in a single vessel or vehicle, but such samples shall not be carried in that part of a vessel or vehicle that is intended for transportation of passengers for hire. However, subsection 3062(a) of this title shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment, vessels, or vehicles.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3064. Marking packages

§ 3064. Marking packages
Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside the contents thereof. No person shall deliver or cause to be delivered to a common carrier an explosive or other dangerous article under a false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery for carriage is made.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3065. Penalties

§ 3065. Penalties
(a) A person who knowingly violates, or causes to be violated, a provision of sections 3062-3064 of this title, or a regulation made by the Public Utility Commission in pursuance thereof, shall be imprisoned not more than 18 months or fined not more than $2,000.00, or both.
(b) When the death or bodily injury of a person is caused by the explosion of any explosive named in sections 3062-3064 and 3091-3092 of this title, while the same is being placed upon a vessel or vehicle to be transported in violation hereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person who knowingly places or aids or permits the placement of such explosives upon such vessel or vehicle to be so transported shall be imprisoned not more than ten years. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3071. Possession by employee

§ 3071. Possession by employee
For the purposes of this division, explosives in the possession of an employee who is acting within the scope of his or her duties shall be considered to be in the possession of the employer. (Added 1971, No. 107, § 10, eff. May 22, 1971.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3072. Issuance of license

§ 3072. Issuance of license
(a) Any person who is at least 18 years of age may apply to the Commissioner of Public Safety for a license to possess, purchase, store, use, transport, give, transfer, or sell explosives, as defined in 13 V.S.A. § 1603, in this State for not more than one year from the date of issue.
(b) An applicant for a license shall be entitled to the issuance of the license upon the submission of evidence, under oath, that satisfies the Commissioner of Public Safety that the applicant:
(1) has a reasonable and lawful purpose for possessing, purchasing, storing, using, transporting, giving, transferring, or selling explosives;
(2) has not been convicted of an offense with a maximum term of imprisonment that exceeds one year within the seven years preceding the application;
(3) has not been adjudged incompetent to stand trial or not guilty by reason of insanity, or has not been indicted by reason of insanity pursuant to 13 V.S.A. § 4817, 4818, or 4819 by a court of competent jurisdiction in this or any other jurisdiction; and
(4) demonstrates that he or she is competent to possess, purchase, store, use, transport, give, transfer, or sell the explosives, as the case may be.
(c) The application for a license shall be in duplicate on forms provided by the Commissioner of Public Safety and shall bear the name, address, and signature of the licensee or an officer of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved for three years by the Commissioner of Public Safety.
(d) The license shall be issued or denied within 15 days after the application is submitted. If the application is denied, the reasons for the denial shall be stated in writing with a copy mailed to the applicant.
(e) The Commissioner of Public Safety may revoke any license issued under this division if, in his or her opinion, the holder has violated any provision of this division or of 13 V.S.A. §§ 1603-1611, or is ineligible to acquire explosives or to obtain a license under this section. A written notice of a revocation of a license by the Commissioner of Public Safety shall be given to the holder of the license in person or by certified mail prior to or concurrently with the effective date of the revocation. The notice shall state specific grounds upon which the revocation is based. (Added 1971, No. 107, § 10, eff. May 22, 1971; amended 2013, No. 96 (Adj. Sess.), § 125; 2021, No. 20, § 185.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3073. Fees

§ 3073. Fees
The fee for applications for licenses shall be $50.00 for residents of the State and $100.00 for nonresidents. Initial licenses shall be for a term of one year. License renewals shall be for three years for a fee of $75.00 for residents and $150.00 for nonresidents. Fees collected under this section shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service. (Added 1971, No. 107, § 10, eff. May 22, 1971; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1999, No. 49, § 163; 2005, No. 72, § 17.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3074. Appeals

§ 3074. Appeals
Any person denied a license for failing to satisfy the requirements enumerated in subsection 3072(b) of this title or whose license is revoked may, within 15 days after the date of the written denial of the person’s application, request a hearing before the Commissioner of Public Safety. The Commissioner of Public Safety shall record any evidence offered by or on behalf of the person seeking the license, and also shall record any evidence denying or revoking the license, and list findings of fact upon which a decision was based. In the event the license is again denied or its revocation continued for failure to satisfy the requirements enumerated in subsection 3072(b) of this title, an appeal may be taken to the appropriate Superior Court. (Added 1971, No. 107, § 10, eff. May 22, 1971; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2021, No. 105 (Adj. Sess.), § 396, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3075. Rules

§ 3075. Rules
The Commissioner of Public Safety may adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this division and to govern the storage, transportation, and the manner of use of explosives as defined in 13 V.S.A. § 1603. (Added 1971, No. 107 § 10, eff. May 22, 1971; amended 2021, No. 20, § 186; 2021, No. 105 (Adj. Sess.), § 397, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3076. Penalties

§ 3076. Penalties
Any person convicted of violating the rules adopted under this division or of making a false statement in applying for a license under this division shall be fined not more than $1,000.00 or imprisoned not more than five years, or both. (Added 1971, No. 107, § 10, eff. May 22, 1971; amended 2021, No. 20, § 187.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3091. Permit

§ 3091. Permit
No person shall manufacture, possess, use, or transport bombs, commonly called tear bombs, without first securing a written permit from the Commissioner of Public Safety. Such permits shall be of such form and conditions and for such length of time as the Commissioner of Public Safety may prescribe, and he or she may revoke for cause any permit so granted.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 177 - Explosives and Fireworks › § 3092. Penalties

§ 3092. Penalties
A person who violates the provisions of section 3091 of this title may be fined not more than $1,000.00 or imprisoned for a period not exceeding one year, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)