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Searching 2017-2018 Session

The Vermont Statutes Online

Title 20 : Internal Security and Public Safety

Chapter 173 : PREVENTION AND INVESTIGATION OF FIRES

Subchapter 002 : FIRE SAFETY DIVISION

(Cite as: 20 V.S.A. § 2736)
  • § 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(a) 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 2732 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(b) 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.)