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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
fire code; municipalities; county buildings
Purpose
Authorizes a city or town, under prescribed conditions, to request the Office of the State Fire Marshall (Office) to enter into an intergovernmental agreement with a county to enforce the fire code adopted by the city or town for county-owned buildings.
Background
The Office is a division of the Department of Forestry and Fire Management (DFFM) under the direction of the State Forester. The Office promotes public health and safety and reduces hazards to life, limb, and property by: 1) performing inspections and fire investigations; 2) providing public education; and 3) adopting state fire protection codes (A.R.S. § 37-1381).
Current statute requires the Office to enforce compliance with the adopted state fire codes throughout Arizona except in any city with a population of 100,000 persons or more that has in effect a nationally recognized fire code, whether modified or unmodified, and that has enacted an ordinance to assume such jurisdiction from the Office. The cities do not have authority that supersedes and are not exempt from the adopted state fire code adopted in state or county-owned buildings wherever located throughout Arizona. Under the DFFM, the Office currently works using the 2012 International Fire Code (A.R.S. § 37-1383; DFFM).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1.
Allows a city or town that has adopted its own nationally recognized
fire code by ordinance to request the Assistant Director of the Office to enter
into an intergovernmental agreement with a county on behalf of the Office to
enforce the fire code adopted by the city or town for
county-owned buildings if all of the following conditions apply:
a) the city or town submits the request in conjunction with the applicable county;
b) the enforcement of the state adopted fire code for county-owned buildings is unduly burdensome for the city or town or the county; and
c) the city's or town's current fire code and enforcement, including the occupancy and hazard regulation applicable to the county-owned buildings, are not substantially less stringent than the current state fire code as determined jointly by the Assistant Director of the Office and the applicable official at the city or town.
2. States that evidence of any of the following is sufficient to prove the enforcement of the state adopted fire code for county-owned buildings is unduly burdensome:
a) the enforcement of the state adopted fire code requires the hiring of additional staff;
b) the enforcement of the state adopted fire code requires additional staff training; or
c) review by the Assistant Director of the Office substantially exceeds the time frame for review if reviewed by the city or town or applicable county.
3. Requires the Assistant Director of the Office to:
a) take action on a request within 30 days after receipt; and
b) state the reason for the denial or approval of the request.
4. States that the request is automatically approved if the Assistant Director of the Office does not take action on a request within 30 days after receipt.
5. States that a city or town that enters into an intergovernmental agreement with a county is solely responsible for the inspection and enforcement of the fire code in all county-owned buildings in the city's or town's jurisdiction.
6. Requires a city or town that enters into an intergovernmental agreement with a county to provide the Office a record of the certificate of occupancy and all applicable fire code inspection reports, including regularly required inspections conducted in accordance with the city's or town's fire code and updated building inventory in a manner as determined by the Office.
7. Designates this legislation as the Fire Marshall Bill Burns Act.
8. Becomes effective on the general effective date.
House Action
GOV 2/18/26 DP 7-0-0-0
3rd Read 3/4/26 53-0-6-0-1
Prepared by Senate Research
March 16, 2026
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