State fire marshal; appointment; powers and duties.

A. The state fire marshal shall be appointed by the secretary of homeland security and emergency management. The state fire marshal shall be appointed solely on the basis of fitness to perform the duties of state fire marshal and without reference to political party affiliation. The state fire marshal shall be well versed in fire services, including structural fires, training, investigations and code enforcement, as well as administrative duties, including personnel, operating budgets and capital planning and expenditures. The state fire marshal shall have an understanding of insurance services office requirements, wildland firefighting and legislative advocacy. B. The state fire marshal shall be an at-will employee and is exempt from the federal Fair Labor Standards Act of 1938. C. The state fire marshal shall: (1) oversee and manage the state fire marshal's office and direct its activities; (2) promulgate rules pursuant to the State Rules Act relating to the state fire marshal's office and the fire services council; and (3) consider advice from the fire services council concerning the adoption of fire safety management policies of the state fire marshal's office.