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Subchapter 002: DIVISION OF FIRE SAFETY
§§ 2721-2727. Repealed. 1971, No. 205 (Adj. Sess.), § 7.
§ 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.)
§ 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.)
§ 2730. Definitions
(a) As used in this subchapter, “public building” means:
(1)(A) a building owned or occupied by a public utility, hospital, school, house of worship,
convalescent center or home for elders or persons who have an infirmity or a disability,
nursery, kindergarten, or child care;
(B) a building in which two or more persons are employed, or occasionally enter as part
of their employment, or are entertained, including private clubs and societies;
(C) a cooperative or condominium;
(D) a building in which people rent accommodations, whether overnight or for a longer
term;
(E) a restaurant, retail outlet, office or office building, hotel, tent, or other structure
for public assembly, including outdoor assembly, such as a grandstand;
(F) a building owned or occupied by the State of Vermont, a county, a municipality, a
village, or any public entity, including a school or fire district; or
(G)(i) a building in which two or more persons are employed, or occasionally enter as part
of their employment, and where the associated extraction of plant botanicals utilizing
flammable, volatile, or otherwise unstable liquids, pressurized gases, or other substances
capable of combusting or whose properties would readily support combustion or pose
a deflagration hazard; and
(ii) notwithstanding subdivision (b)(3) of this section, a building on a working farm or
farms that meets the criteria of subdivision (G)(i) of this subsection is a “public
building.”
(2) Use of any portion of a building in a manner described in this subsection shall make
the entire building a “public building” for purposes of this subsection. For purposes
of this subsection, a “person” does not include an individual who is directly related
to the employer and who resides in the employment-related building.
(b) The term “public building” does not include:
(1) An owner-occupied single-family residence, unless used for a purpose described in
subsection (a) of this section.
(2) A family residence registered as a child care home under 33 V.S.A. chapter 35, or specifically exempted from registration by 33 V.S.A. § 3502(b)(1).
(3) Farm buildings on a working farm or farms. For purposes of this subchapter and subchapter
3 of this chapter, the term “working farm or farms” means farms with fewer than the
equivalent of 10 full-time employees who are not family members and who do not work
more than 26 weeks a year. In addition, the term means a farm or farms:
(A) Whose owner is actively engaged in farming.
(B) If the farm or farms are owned by a partnership or a corporation, one that includes
at least one partner or principal of the corporation who is actively engaged in farming.
(C) Where the farm or farms are leased, the lessee is actively engaged in farming. The
term “farming” means:
(i) The cultivation or other use of land for growing food, fiber, Christmas trees, maple
sap, or horticultural and orchard crops.
(ii) The raising, feeding, or management of livestock, poultry, equines, fish, or bees.
(iii) The production of maple syrup.
(iv) The operation of greenhouses.
(v) The on-site storage, preparation, and sale of agricultural products principally produced
on the farm. Notwithstanding this definition of farming, housing provided to farm
employees other than family members shall be treated as rental housing and shall be
subject to the provisions of this chapter. In addition, any farm building that is
open for public tours and for which a fee is charged for those tours shall be considered
a public building.
(4) An owner-occupied single-family residence with an accessory dwelling unit as permitted
under 24 V.S.A. § 4412(1)(E), unless rented overnight or for a longer term as described in subdivision (1)(D)
of subsection (a) of this section.
(5) A building that is used in the outdoor cultivation of cannabis by a person licensed
pursuant to 7 V.S.A. chapter 33 in accordance with such chapter and related rules with fewer than the equivalent
of 10 full-time employees who are not family members and who do not work more than
26 weeks a year.
(c) For the purpose of this subchapter, subchapter 3 of this chapter, and chapter 174
of this title, the words “premises,” “building,” and “structure,” or any part thereof
shall mean “public building” as defined in this section.
(d) “Historic building” or “historic structure” means any structure that has been listed
in the National Register of Historic Places or the State Register of Historic Places
or that has been determined to be historically significant by the Vermont Advisory
Council on Historic Preservation or that meets the standards adopted by the Division
for Historic Preservation pursuant to 22 V.S.A. § 723(a).
(e) The phrase “damage or destroy the historic architectural integrity of the historic
building or structure” means to have an undue adverse impact on historically significant
features of the historic architectural integrity of the building. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 122; 2017, No. 113 (Adj. Sess.), § 142; 2019, No. 44, § 3, eff. May 30, 2019; 2023, No. 47, § 26, eff. July 1, 2023; 2023, No. 166 (Adj. Sess.), § 12, eff. June 10, 2024; 2023, No. 160 (Adj. Sess.), § 14, eff. July 1, 2024.)
§ 2731. Rules; inspections; variances
(a) Rules.
(1) The Commissioner is authorized to adopt rules regarding the construction of buildings,
maintenance and operation of premises, and prevention of fires and removal of fire
hazards, and to prescribe standards necessary to protect the public, employees, and
property against harm arising out of or likely to arise out of fire.
(2)(A) The Commissioner shall require each of the following certificants to complete an education
module regarding the State’s energy goals and how each certificant’s specific profession
can further those goals:
(i) gas appliance installers, inspectors, and servicers certified under subdivision (c)(4)(C)
of this section;
(ii) oil burning equipment installers, inspectors, and servicers certified under subdivision
(c)(4)(D) of this section; and
(iii) limited oil burning equipment installers, inspectors, and services certified under
subdivision (c)(4)(F) of this section.
(B) The education module shall be not more than two hours and shall be required as a condition
of initial certification and certification renewal. The module shall include education
on any State or utility incentives relevant to the profession.
(i) The education module for initial certification shall provide general information regarding
the State’s energy goals.
(ii) The education module for certification renewal shall provide any updates on the State’s
energy goals and any updates regarding corresponding State energy programs applicable
to the profession.
(C) 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.
(b) Inspections.
(1) The Commissioner shall conduct inspections of premises to ensure that the rules adopted
under this subchapter are being observed and may establish priorities for enforcing
these rules and standards based on the relative risks to persons and property from
fire of particular types of premises.
(2) The Commissioner may also conduct inspections to ensure that buildings are constructed
in accordance with approved plans and drawings.
(c) Fees. The following fire prevention and building code fees are established:
(1) The permit application fee for a construction plan approval shall be based on $8.00
per each $1,000.00 of the total valuation of the construction work proposed to be
done for all buildings, but in no event shall the permit application fee exceed $185,000.00
nor be less than $50.00.
(2) When an inspection is required due to the change in use or ownership of a public building,
the fee shall be $125.00.
(3) The proof of inspection fee for fire suppression, alarm, detection, and any other
fire protection systems shall be $30.00.
(4) Three-year initial certificate of fitness and renewal fees for individuals performing
activities related to fire or life safety established under subsection (a) of this
section shall be:
(A) Water-based fire protection system design:
(i) Initial certification: $150.00.
(ii) Renewal: $50.00.
(B) Water-based fire protection system installation, maintenance, repair, and testing:
(i) Initial certification: $115.00.
(ii) Renewal: $50.00.
(C) Gas appliance installation, inspection, and service: $60.00.
(D) Oil burning equipment installation, inspection, and service: $60.00.
(E) Fire alarm system inspection and testing: $90.00.
(F) Limited oil burning equipment installation, inspection, and service: $60.00.
(G) Domestic water-based fire protection system installation, maintenance, repair, and
testing:
(i) Initial certification: $60.00.
(ii) Renewal: $20.00.
(H) Fixed fire extinguishing system design, installation, inspection, servicing, and recharging:
(i) Initial certification: $60.00.
(ii) Renewal: $20.00.
(I) Emergency generator installation, maintenance, repair, and testing: $30.00.
(J) Chimney and solid fuel burning appliance cleaning, maintenance, and evaluation: $30.00.
(d) Permit processing. The Commissioner shall make all practical efforts to process permits in a prompt manner.
The Commissioner shall establish time limits for permit processing as well as procedures
and time periods within which to notify applicants whether an application is complete.
(e) Variances; exemptions. Except for any rules requiring the education module regarding the State’s energy goals
described in subdivision (a)(2) of this section, the Commissioner may grant variances
or exemptions from rules adopted under this subchapter where strict compliance would
entail practical difficulty, unnecessary hardship, or is otherwise found unwarranted,
provided that:
(1) any such variance or exemption secures the public safety and health;
(2) any petitioner for such a variance or exemption can demonstrate that the methods,
means, or practices proposed to be taken in lieu of compliance with the rule or rules
provide, in the opinion of the Commissioner, equal protection of the public safety
and health as provided by the rule or rules;
(3) the rule or rules from which the variance or exemption is sought has not also been
adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and
(4) any such variance or exemption does not violate any of the provisions of 26 V.S.A. chapters 3 and 20 or any rules adopted thereunder.
(f) State-funded building energy standards. The Commissioner shall, in State-funded buildings or new additions to State-funded
buildings on which construction is begun after June 30, 2001, meet the standards contained
in “The Vermont Guidelines for Energy Efficient Commercial Construction” as published
in its most recent edition by the Department of Public Service.
(g) Definition. “Publicly funded building” as used in this section means any public building or an
addition thereto that is paid for in whole or in part with federal, State, or municipal
monies.
(h) Older and historic renovations. A building owner or contractor engaged in an older and historic renovation project
may propose innovative, performance-based alternatives in lieu of strict fire and
building code compliance. The Commissioner shall consider such alternatives and shall
accept those that provide equivalent protection of the public safety and health. A
decision to accept or deny a proposed alternative shall be in writing and explain
the reasons for accepting or denying the alternative.
(i) Plan reviews.
(1) The Department approves stamped architectural plans by issuing a plan review letter.
If, upon final inspection, the Department requires structural changes, additional
life safety modifications, or State-mandated accessibility modifications, and the
modifications or changes are not the result of design or construction changes by the
owner, the owner or architect:
(A) may apply for a variance or exemption as provided in subsection (e) of this section,
section 2732 of this title, or 26 V.S.A. § 124; and
(B) if the variance or exemption request is denied, upon the completion of the structural
changes or additional life safety, or State-mandated accessibility modifications,
as the case may be, may apply to the Commissioner for a reimbursement of some or all
of the plan review fee paid for the project.
(2) The decisions of the Commissioner pursuant to this subsection shall be final. The
Commissioner shall adopt rules to carry out the provisions of this subsection. This
subsection shall not apply to design or construction changes necessary to comply with
an alternative method of life safety code or State-mandated accessibility compliance
requested by the owner after the plan review.
(j) Alarms. Rules adopted under this section shall require that information written, approved,
and distributed by the Commissioner on the type, placement, and installation of photoelectric-type
or UL 217 compliant smoke alarms and carbon monoxide alarms be conspicuously posted
in the retail sales area where the alarms are sold.
(k) Building codes. Pursuant to his or her authority under this section, the Commissioner of Public Safety
shall:
(1) Develop and maintain on the Department website a graphic chart or grid depicting categories
of construction, including new construction, major rehabilitation, change of use,
and additions, and the respective building codes that apply to each category.
(2) Whenever practicable and appropriate, offer the opportunity to construction and design
professionals to participate in Division of Fire Safety staff training.
(3) Update building codes on three-year cycles, consistent with codes developed by code-writing
authorities, to keep pace with technology, products, and design.
(4) Create a publicly accessible database of decisions that are decided on appeal to the
Commissioner.
(l) Energy standard certificates. Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards)
shall be a condition precedent to the issuance of a certificate of use or occupancy
for a public building under the rules adopted pursuant to this section.
(m) Refrigerants. No rule adopted under this section or any other requirement of this title shall prohibit
or otherwise limit the use of a refrigerant designated as acceptable for use pursuant
to and in accordance with 42 U.S.C. § 7671k or 10 V.S.A. § 586, provided any equipment containing such refrigerant is listed and installed in accordance
with safety standards and use conditions imposed pursuant to such designation. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2003, No. 122 (Adj. Sess.), § 294aa, eff. April 1, 2005; 2005, No. 72, § 15; 2007, No. 180 (Adj. Sess.), § 4, eff. May 29, 2008; 2009, No. 134 (Adj. Sess.), § 1; 2011, No. 137 (Adj. Sess.), § 5, eff. May 14, 2012; 2013, No. 89, § 5; 2015, No. 149 (Adj. Sess.), § 37; 2017, No. 113 (Adj. Sess.), § 143; 2019, No. 178 (Adj. Sess.), § 34, eff. July 1, 2021; 2021, No. 121 (Adj. Sess.), § 3, eff. July 1, 2022; 2025, No. 69, § 24, eff. July 1, 2025.)
§ 2732. Historic Variance Appeals Board; variances, exemptions
(a) The Historic Variance Appeals Board is created. The Board shall consist of the following
three members: the Commissioner of Public Safety or designee, who shall be chair;
the State Historic Preservation Officer or designee; and a representative of the Vermont
historic preservation community appointed by the Governor. A Board member who is not
a State employee shall be entitled to compensation and expenses as provided by 32 V.S.A. § 1010.
(b) The Board shall hear and determine all requests for variances or exemptions from the
rules adopted by the Commissioner under this subchapter for historic buildings and
structures. A request for a variance or exemption may be granted where an applicant
has demonstrated that strict compliance would entail practical difficulty, or unnecessary
hardship, or would damage or destroy the historic architectural integrity of the historic
building or structure, or is otherwise found unwarranted, provided that:
(1) any such variance or exemption secures the public safety and health;
(2) any petitioner for such a variance or exemption can demonstrate that the methods,
means, or practices proposed to be taken in lieu of compliance with the rule or rules
provide, in the opinion of the Board, equal protection of the public safety and health
as provided by rule or rules;
(3) the rule or rules from which the variance or exemption is sought have not also been
adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and
(4) any such variance or exemption does not violate any of the provisions of 26 V.S.A.
chapters 3 and 20 or any rules adopted pursuant to those chapters.
(c) The Board may permit a person seeking a variance or exemption to phase in compliance
with the rules adopted under this subchapter in lieu of or in addition to granting
the variance or exemption requested. The period of phased in compliance shall be reasonable
but shall state a date by which compliance shall be achieved.
(d) Any person seeking a variance or exemption for work involving an historic building
shall file a written request with the Commissioner. The request shall describe the
rule or rules from which the variance or exemption is sought, the reasons why a variance
or exemption is sought, and a description as to how any alternative means of protecting
the public safety and health is to be provided. The Board shall meet and consider
such requests within 15 working days of the request being filed with the Commissioner.
In deciding whether to grant or deny the request, the Board shall take testimony or
receive information from the applicant or his or her representatives, and from Division
of Fire Safety staff. A decision of the Board based on a majority vote of those members
present shall be binding. The Board shall issue a written determination granting or
denying, in whole or in part, any variance or exemption request, or permission to
phase in compliance, within 60 days of hearing the request. If a grant is conditional,
the condition shall be clearly stated in writing. Failure to act on a request within
60 days shall be deemed approval of the request, provided that the public safety and
health is not imminently threatened.
(e) The Board may adopt, amend, or repeal procedural rules to carry out the provisions
of this section.
(f) The Board is attached to the Department of Public Safety for administrative purposes.
(g) The Board shall be subject to the requirements of 1 V.S.A. chapter 5, subchapters
2 and 3. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20, § 170.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 2737. Building permits
Each municipality shall provide to the Commissioner upon request information regarding
building permits issued by the municipality. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)
§ 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.)
§ 2739. Repealed. 2009, No. 134 (Adj. Sess.), § 9(b).
§ 2751. Repealed. 1977, No. 253 (Adj. Sess.), § 7.
§ 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.
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Subchapter 002A: FIRE SAFETY AND CIGARETTES
§ 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.)
§ 2757. Cigarettes; reduced ignition propensity
(a) As used in this section:
(1) “Cigarette” means any product that contains any amount of nicotine, irrespective of
size, shape, or presence of other ingredients, and is intended to be burned or heated
under ordinary conditions of use and consists of or contains any roll of tobacco wrapped
in paper or in any other substance, other than tobacco, and because of its appearance,
the type of tobacco used, and its packaging or labeling is offered to or purchased
by consumers as a cigarette.
(2) “Manufacturer” means any person or a successor that manufactures or produces cigarettes
or causes cigarettes to be manufactured or produced, whether in-state or out-of-state,
and intends to sell the cigarettes in Vermont directly or through an importer, including
any first purchaser that intends to resell cigarettes.
(3) “Quality control and quality assurance program” means laboratory procedures implemented
to ensure that operator bias, systematic and nonsystematic methodological errors,
and equipment-related problems do not affect the results of the testing and to ensure
that the testing repeatability remains within the required repeatability value for
any test trial used to certify cigarettes under this section.
(4) “Repeatability” means the range of values within which the repeat results of cigarette
test trials from a single laboratory will fall 95 percent of the time.
(5) “Retail dealer” means any person other than a wholesale dealer engaged in the sale
of cigarettes or tobacco products.
(6) “Sale” or “selling” means any transfer of title or possession, exchange or barter,
conditional or otherwise, and includes the giving of cigarettes as samples, prizes,
or gifts and the exchange of cigarettes for any consideration.
(7) [Repealed.]
(8) “Wholesale dealer” means any person that sells cigarettes or tobacco products to retail
dealers or other persons for resale, and includes the dealer’s agent.
(b) No cigarettes may be manufactured in this State or sold or offered for sale to any
person in this State unless the cigarettes have been tested in accordance with the
test method and meet the performance standard specified in this subsection, and the
manufacturer has filed a written certification with the Commissioner in accordance
with subsection (c) of this section. The performance standard for cigarettes sold
or offered for sale in Vermont includes all the following:
(1) Testing of cigarettes shall be conducted in accordance with the American Society of
Testing and Materials (ASTM) standard E2187-04 “Standard Test Method for Measuring
the Ignition Strength of Cigarettes.” The Commissioner may adopt a subsequent ASTM
Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding
that the subsequent method does not result in a change in the percentage of full-length
burns exhibited by any tested cigarette when compared to the percentage of full-length
burns the same cigarette would exhibit when tested in accordance with ASTM Standard
E2187-04 and the performance standard of this subsection.
(2) Testing of cigarettes shall be conducted on ten layers of filter paper.
(3) No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length
burns. Forty replicate tests shall comprise a complete test trial for each cigarette
tested.
(4) The performance standard required by this subsection shall only be applied to a complete
test trial.
(5) Laboratories that conduct tests in accordance with this subsection (b) shall implement
a quality control and quality assurance program that includes a procedure to determine
the repeatability of the testing results. The repeatability value shall be no greater
than 0.19.
(6) Each cigarette listed in a certification that uses lowered permeability bands in the
cigarette paper to achieve compliance with the performance standard in this subsection
shall have at least two nominally identical bands on the paper surrounding the tobacco
column. At least one complete band shall be located at least 15 millimeters from the
lighting end of the cigarette. For cigarettes on which the bands are positioned by
design, there shall be at least two bands located at least 15 millimeters from the
lighting end and ten millimeters from the filter end of the tobacco column. In the
case of an unfiltered cigarette, the two complete bands shall be located at least
15 millimeters from the lighting end and ten millimeters from the labeled end of the
tobacco column.
(7) The manufacturer of a cigarette that the Commissioner determines cannot be tested
in accordance with the test method required by this subsection shall propose to the
Commissioner a test method and performance standard for that cigarette. The Commissioner
may approve a test method and performance standard that the Commissioner determines
is equivalent to the requirement of this subsection, and the manufacturer may use
that test method and performance standard for certification pursuant to subsection
(c) of this section.
(8) A manufacturer shall retain all data from testing conducted under this section for
a period of three years. The manufacturer shall provide that data to the Commissioner
and the Attorney General upon request in order to ensure compliance with the performance
standard required by this subsection.
(c) Each manufacturer shall submit to the Commissioner written certification attesting
that each cigarette has been tested in accordance with and has met the performance
standard required under subsection (b) of this section. The description of each cigarette
listed in the certification shall include the brand; style; length in millimeters;
circumference in millimeters; flavor, if applicable; filter or nonfilter; package
description, such as a soft pack or box; and the mark approved pursuant to subsection
(d) of this section. Upon request, this certification shall be made available to the
Attorney General and Department of Liquor and Lottery. Each cigarette certified under
this subsection shall be recertified every three years. For the certification or recertification
of each brand style, the fee shall be $1,000.00. The fees shall be paid into the Fire
Prevention and Building Inspection Special Fund established in section 2738 of this title.
(d) Cigarettes that have been certified pursuant to subsection (c) of this section shall
be marked pursuant to the following requirements:
(1) The marking shall be in a font of at least eight-point type and shall include one
of the following:
(A) Modification of the product UPC Code to include a visible mark printed at or around
the area of the UPC Code. The mark may consist of one or more alphanumeric or symbolic
characters permanently stamped, engraved, embossed, or printed in conjunction with
the UPC Code.
(B) Any visible combination of alphanumeric or symbolic characters permanently printed,
stamped, engraved, or embossed on the cigarette package or the cellophane wrap.
(C) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet
the standards of this section.
(2) A manufacturer shall request approval of a proposed marking from the Commissioner.
Any marking approved and in use for the sale of cigarettes in the State of New York
shall be approved unless the Commissioner determines that the New York Fire Safety
Standards for Cigarettes have changed significantly since those standards were effective
on June 28, 2004. A marking shall be deemed approved if the Commissioner fails to
act within 10 business days of receiving a request for approval. A manufacturer shall
not use a modified marking unless the modification has been approved in accordance
with this subdivision. A manufacturer shall use only one marking on all brands that
the manufacturer markets. A marking or modified marking approved by the Commissioner
shall be applied uniformly on all brands marketed and on all packages, including packs,
cartons, and cases marketed by that manufacturer.
(e) A manufacturer shall provide a copy of certifications to all licensed wholesale dealers
to which the manufacturer sells cigarettes and shall provide sufficient copies of
an illustration of the packaging marking approved and used by the manufacturer pursuant
to subsection (d) of this section for each of the retail dealers that purchases cigarettes
from any of those licensed wholesale dealers. Licensed wholesale dealers shall provide
a copy of the illustration to all retail dealers to which they sell cigarettes. Licensed
wholesale dealers and retail dealers shall permit the Commissioner of Public Safety
or the Commissioner of Liquor and Lottery or their designees to inspect markings on
cigarette packaging at any time.
(f) The Commissioner:
(1) may adopt rules necessary to implement and administer this section;
(2) in consultation with the Commissioner of Liquor and Lottery, may adopt rules regarding
the conduct of random inspections of licensed wholesale dealers, importers, and retail
dealers to ensure compliance with this section; and
(3) shall ensure that the implementation and substance of this section is in accordance
with the implementation and substance of the New York Fire Safety Standards for Cigarettes.
(g) The following civil penalties may be assessed:
(1) Against a manufacturer, wholesale dealer, unlicensed retailer, or any other person
that knowingly sells cigarettes, except by licensed retail sales, in violation of
subsection (b) of this section a civil penalty not to exceed $10,000.00 for each sale.
(2) Against a manufacturer that knowingly makes a false certification pursuant to subsection
(c) of this section a civil penalty not to exceed $10,000.00 for each false certification.
(3) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes
in violation of subsection (b) of this section a civil penalty not to exceed $500.00
for each sale or offer of sale of 1,000 cigarettes or fewer.
(4) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes
in violation of subsection (b) of this section a civil penalty not to exceed $1,000.00
for each sale or offer of sale of more than 1,000 cigarettes.
(5) Against any other person that violates any provision of this section a civil penalty
not to exceed $1,000.00 for each violation. Any cigarettes sold or offered for sale
that do not comply with the safety standard required by subsection (b) of this section
shall be deemed to be contraband and subject to the provisions of 7 V.S.A. § 1009.
(h) In addition to any other remedy provided by law, the Attorney General may file an
action in Superior Court for a violation of this section, including petitioning for
injunctive relief, recovery of costs or damages suffered by the State as the result
of a violation of this section, including enforcement costs relating to the specific
violation and attorney’s fees. In any such action, the Attorney General shall have
the same authority to investigate and obtain remedies, except civil penalties under
subsection (g) of this section, as if the action were brought pursuant to the Consumer
Protection Act, 9 V.S.A. chapter 63. Each violation of this section or of any rule adopted under this section shall constitute
a separate civil violation for which the Attorney General may obtain relief. (Added 2005, No. 68, § 1, eff. May 1, 2006; amended 2009, No. 134 (Adj. Sess.), § 3; 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2019, No. 73, § 33; 2021, No. 105 (Adj. Sess.), § 392, eff. July 1, 2022.)
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Subchapter 004: INVESTIGATION OF FIRES
§ 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.)
§ 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.)
§ 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.)
§ 2834. Repealed. 1973, No. 137 (Adj. Sess.), § 5.
§ 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.)
§ 2836. Inquiry and return
Such magistrate shall make such inquiry and return as is provided in the case of inquest
on the dead and the expenses thereof and the fees shall be paid in the same manner.
§ 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.)
§ 2862. Assistance of State’s Attorney in investigation
Upon request of the Fire Marshal or the Deputy Fire Marshal, a State’s Attorney shall
assist such officers in an investigation of a fire that in their opinion is of suspicious
origin.
§ 2863. Entry on premises
The Fire Marshal and his or her assistants, upon complaint duly made, shall have authority
to enter, at all reasonable hours, into and upon all buildings and premises within
their jurisdiction for the purposes of examination in the performance of their duties.
§ 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.)
§ 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.
§ 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.)
§ 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.
§ 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.)
§ 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.