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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2324: fire code; municipalities; county buildings
Sponsor: Representative Kupper, LD 25
Committee on Government
Overview
Permits municipalities to petition the Office of the State Fire Marshall (Office) to exempt county-owned buildings from state fire code inspection if various conditions are met.
History
Under the direction of the State Forester, the Office's Assistant Director or one of their designees must adopt, by rule, a state fire code that establishes minimum standards for: 1) safeguarding life and property from fire and fire hazards; 2) the prevention of fires and alleviation of fire hazards; 3) the storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials; 4) the installation, maintenance and use of fire escapes, fire protection equipment, fire alarm systems, smoke detectors and fire extinguishing equipment; 5) the means and adequacy of fire protection and exist in case of fire in places in which number of persons work, live or congregate, excluding outlined family dwellings; and 6) other matters relating to fire prevention and control that are considered necessary by the Office.
Statute exempts any city with a population over 100,000 that has in effect a nationally recognized fire code from compliance with the state fire code if it has enacted an ordinance to assume such jurisdiction from the Office. Said cities are not exempt from the state fire code for state or county-owned buildings (A.R.S. § 37-1383).
Under the Department of Forestry and Fire Management (DFFM), the Office currently operates in accordance with the 2018 International Fire Code (DFFM).
Provisions
1. Allows a municipality that has adopted its own nationally recognized fire code to petition the Office's Assistant Director to exempt county-owned buildings from state fire code inspection if all the following conditions apply:
a. the municipality submits the petition in conjunction with the applicable county;
b. the review of the county-owned buildings is unduly burdensome for a county or municipality; and
c. the municipality's current fire code and enforcement, including county-owned buildings' occupancy and hazard regulation, are not less stringent than the current state fire code determined by the applicable municipality official. (Sec. 2)
2. Proves any of the following evidence is sufficient to determine that the review of county-owned buildings is unduly burdensome:
a. the review requires the hiring of additional staff;
b. the review requires additional staff hiring; or
c. review by the Office's Assistant Director substantially exceeds the review's time frame if conducted by the applicable county or municipality. (Sec. 2)
3. Requires the Office's Assistant Director to take action on a petition within 30 days and state the reason for the approval or denial. (Sec. 2)
4. Stipulates that a petition is automatically approved if the Office's Assistant Director does not act on a petition within 30 days. (Sec. 2)
5. Makes a municipality solely responsible for the inspection and enforcement of the fire code in all county-owned buildings within its jurisdiction if it receives approval for the petition. (Sec. 2)
6. Instructs a municipality to notify the Office of any adopted amendments that materially weaken its fire code after a petition's approval. (Sec. 2)
7. Permits a municipality to reapply for a waiver within 30 days of adopting such amendment. (Sec. 2)
8. Stipulates that the previous petition approval does not expire until 30 days after the Office's Assistant Director decides on the new waiver application. (Sec. 2)
9. Directs the Office's Assistant Director to notify applicable municipalities if the Office adopts a substantially stricter state fire code than the one currently adopted. (Sec. 2)
10. Allows an applicable municipality to reapply for a waiver within 30 days of the adoption of the stricter state fire code. (Sec. 2)
11. Details that the previous petition approval does not expire until 30 days after the Office's Assistant Director decides on the new waiver application. (Sec. 2)
12. Names this act as the Fire Marshall Bill Burns Act. (Sec. 3)
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16. Initials ML HB 2324
17. 2/14/2026 Page 0 Government
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