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SB 2090

AN ACT to amend and reenact section 18-01-02, subsection 1 of section 18-01-03.1, sections 18-01-06, 18-01-07, 23-15-04, and 54-12-01 of the North Dakota Century Code, relating to updating language for the state fire marshal department and to the attorney general's authority to appoint the state fire marshal; to repeal sections 18-01-35 and 18-01-36 of the North Dakota Century Code, relating to fund fees collected by the state fire marshal department; and to provide for a retroactive application.

69th Legislative Assembly (2025-26)

SB 2090 modernizes State Fire Marshal duties, updates fire-safety inspections and fireworks licensing, and shifts certain fee receipts to the Insurance Regulatory Trust Fund.

Filed with Secretary Of State 03/25
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Bill Summary · SB 2090

SB 2090 — Summary (North Dakota)

Status: Filed with Secretary of State 03/25/2025
Introduced: March 7, 2025 (at the request of the Insurance Commissioner)
Primary sponsor: State and Local Government Committee (Insurance Commissioner request)

Purpose

SB 2090 updates and modernizes statutory language related to the State Fire Marshal, revises certain operational and fee provisions for fire-safety inspections and fireworks licensing, clarifies reporting and investigation timelines and formats, transfers certain fee deposit locations, removes obsolete fee-fund statutes, and revises the Attorney General’s authority regarding appointment of the State Fire Marshal. The bill also provides for retroactive application.

Key provisions (by statute)

  • Section 18-01-02 — Duties of State Fire Marshal

    • Clarifies and modernizes the list of duties for the state fire marshal and deputies (prevention of fires; storage/sale/use of combustibles, explosives, fireworks, hazardous materials; fire protection and life‑safety systems; exit adequacy and fire/life‑safety code compliance for schools and places holding 50+ persons; arson suppression and investigation; public fire-safety education).

  • Section 18-01-03.1(1) — Fire‑safety inspections & inspection fee

    • Authorizes the state fire marshal and deputies to perform fire-safety inspections for facilities required under Department of Health and Human Services rules.
    • Authorizes an inspection fee not to exceed $50 (exact amount set by administrative rule).
    • Inspection fees must be deposited into the Insurance Regulatory Trust Fund — Operating Fund.

  • Section 18-01-06 — Fire reporting

    • Requires fire chiefs (or contracted organizations, city auditors, or rural fire district secretaries) to report fires causing damage within 30 days.
    • Reports must be submitted in a format compliant and compatible with the National Fire Incident Reporting System (NFIRS) or the emergency response information system, or as prescribed by the state fire marshal.

  • Section 18-01-07 — Fire investigations and records

    • Requires investigations by the reporting officers; the state fire marshal may supervise/direct investigations when necessary.
    • Investigation reports must be furnished to the state fire marshal within 30 days (changes earlier timing language).
    • The state fire marshal must keep or have access to records of all reported fires and related statistics.

  • Section 23-15-04 — Fireworks licensing/fees

    • Continues distributor and retailer licensing structure:
    • Distributor license fee: $250
    • Retailer license fee: $20
    • Distributor license fees are to be deposited in the Insurance Regulatory Trust Fund (was previously directed to the general fund).
    • Retailer license fees remain deposited to county general funds.
    • Clarifies application and recordkeeping requirements (forms prescribed by state fire marshal; invoice retention and inspection).

  • Section 54-12-01 — Attorney General duties

    • Amends duties of the Attorney General to incorporate authority relevant to the State Fire Marshal — including authority to appoint (text truncated in provided documents, but bill title and committee report indicate attorney general’s authority to appoint the state fire marshal is addressed).

  • Repeals: sections 18-01-35 and 18-01-36 (statutes that previously governed a fund for fees collected by the state fire marshal department), consistent with redirecting fee deposits.

  • Retroactivity: The bill provides for retroactive application (the enrolled text indicates retroactive application language; no specific retroactive date is shown in the excerpts).

Who is affected

  • State Fire Marshal’s office and deputies (duties, records, appointment process).
  • Local fire departments, contracted firefighting organizations, city auditors, rural fire district secretaries (reporting and investigation obligations).
  • Facilities subject to fire‑safety inspections (inspection fee up to $50).
  • Fireworks wholesalers/distributors and retailers (licensing, fees, and recordkeeping).
  • State budgeting/treasury: revenue flow shifts from general fund to the Insurance Regulatory Trust Fund for certain fees.
  • Attorney General’s office (appointment authority/administrative duties relative to the State Fire Marshal).

Fiscal/administrative impact

  • Small revenue/receipts change: inspection and distributor license fees are directed to the Insurance Regulatory Trust Fund operating fund instead of the general fund (or prior fire marshal fund that is repealed). The bill does not change fee amounts (inspection subject to $50 cap; fireworks fees unchanged).
  • Administrative updates required for reporting formats (NFIRS/ERIS compatibility) and for redepositing receipts.

Procedural/timeline notes

  • Introduced March 7, 2025. Committee report and first engrossment reflect House amendments and committee adoption at the request of the Insurance Commissioner.
  • Enrolled version indicates retroactive application; specific effective/retroactive date is not shown in the provided excerpts — consult final enrolled act for exact effective/retroactive dates.

For the final legal effect, consult the enrolled bill or the codified North Dakota Century Code after enactment for exact statutory language, effective dates, and any implementing administrative rules.

Compiled from official sources — confirm details with the bill’s official record.

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