SECTION 460:15-1-7. Fire-boss

(a)   The operator shall, at each entrance to the mine, or to the main intake airways near to the mine entrance, provide a permanent station for the fire-boss to record his inspection. He will post a danger signal if it is unsafe and it shall be unlawful for any person of persons except the mine officials in cases of necessity, and such other persons as may be designated by them to pass beyond said danger station, until the mine has been examined by the fire -boss as aforesaid and the same, or certain parts thereof, reported by him to be safe; and in all mines where operations are temporarily or indefinitely suspended, the superintendent and mine foreman shall see that a danger signal is places at the mine entrance, or entrances, which shall be a sufficient warning to person not to enter the mine and if ordinary circulation of air through the mine be stopped, each entrance to said mine shall be securely fenced off and a danger signal shall be displayed upon said fence, and any workman or other person (except those persons hereinbefore provided for) passing beyond any danger signal into the mine before it has been examined and reported to be safe as aforesaid, also any person or persons passing beyond any danger signal placed at the entrance to a working place, or any other place, in the mine, without permission of the mine foreman, his assistant or his fire-boss, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire-boss, mine foreman or superintendent to forthwith prosecute such persons of person before the proper legal authority, or to notify the district inspector, who shall enter proceedings against such person or persons.

(b)   A miner may be allowed to check for gas in his working place with an approved methane detection device, other than a flame safety lamp, provided he has received the initial training and annual retraining on gases, gas detecting devices, and legal gas checks. Records showing the above training shall be retained at the mine office.

(c)   Any fire-boss who neglects to comply with the provisions of this Chapter relating to his duties, or who shall make a false report of the condition of any place in the portion of the mine allotted to him for examination, shall be deemed guilty of a misdemeanor, and shall be suspended by the mine foreman, and his name shall be given to the inspector for prosecution and if he is found guilty he shall return his certificate to the State Mining Commission to be canceled.