HB2324 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 37-1383, Arizona Revised Statutes, is amended to read:

START_STATUTE37-1383. Powers and duties; construction plans and specifications; permit applications; arson investigators

A. Under the authority and direction of the state forester, the assistant director of the office of the state fire marshal or a deputy fire marshal or an assistant fire inspector who is acting at the direction of the assistant director of the office of the state fire marshal shall:

1. Assist in the enforcement of state laws and ordinances of cities and counties relating to fire prevention and fire protection.

2. Adopt by rule a state fire code establishing minimum standards for:

(a) Safeguarding life and property from fire and fire hazards.

(b) The prevention of fires and alleviation of fire hazards.

(c) The storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials.

(d) The installation, maintenance and use of fire escapes, fire protection equipment, fire alarm systems, smoke detectors and fire extinguishing equipment.

(e) The means and adequacy of fire protection and exit in case of fire in places in which numbers of persons work, live or congregate, excluding family dwellings that have fewer than five residential dwelling units.

(f) Other matters relating to fire prevention and control that are considered necessary by the office of the state fire marshal.

3. Adopt rules and a schedule of fees for permits, plan submissions, plan reviews and reinspections that are payable by persons regulated under this article.

4. Adopt rules for the allocation of monies from the arson detection reward fund established by section 37-1387. The rules shall be consistent with the purposes set forth in section 37-1387 and shall promote the effective and efficient use of the fund monies.

5. Enforce compliance with the fire code adopted pursuant to this subsection throughout this state except in any city with a population of one hundred thousand 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 of the state fire marshal. Except as provided in section 37-1392, such cities do not have authority that supersedes and are not exempt from the state fire code adopted pursuant to paragraph 2 of this subsection in state or county owned buildings wherever located throughout this state.

6. Cooperate and coordinate with other state agencies in the administration of the state fire code.

7. Establish a regularly scheduled fire safety inspection program for all state and county owned public buildings and all public and private school buildings wherever located throughout this state, except for private school buildings in cities with a population of one hundred thousand or more persons.

8. Inspect as necessary all other occupancies located throughout this state, except family dwellings having fewer than five residential dwelling units and occupancies located in cities with a population of one hundred thousand or more persons.

9. At the written request of county or municipal authorities, make and provide to them a written report of the examination made by the office of the state fire marshal of any fire within their jurisdiction.

10. Administer the arson detection reward fund established by section 37-1387.

B. Except as provided in subsection G of this section, all plans and specifications for new construction, remodeling, alterations and additions for state, county and public school buildings and grounds shall be submitted to the state forester for review and approval by the assistant director of the office of the state fire marshal or as authorized to a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal before construction. The state forester shall adopt rules to implement a one-phase and a two-phase construction, remodeling, alteration or addition permit. A person may choose to submit either a one-phase or a two-phase permit application.

C. For a one-phase permit application, within sixty days after receiving a valid permit application, the state forester shall make a final determination to approve or deny the permit application. Construction may not commence until the plans have been approved and a permit has been issued or unless the state forester has not taken action on a permit application within sixty days after receiving a valid application.

D. For a two-phase application, within thirty days after receiving a valid permit application, the state forester shall review the plans and specifications and make an initial determination to approve or deny the permit. Within sixty days after a valid submission, the state forester shall make a final determination to approve or deny the permit application. Construction shall not commence beyond the constraints of phase one until the plans have been approved and a permit has been issued or unless the state forester has not taken action on phase two of a permit application within sixty days after receiving a valid application.

E. Under the authority and direction of the state forester, the assistant director of the office of state fire marshal or a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal may:

1. Conduct or participate in investigations of causes, origins and circumstances of fires, including cases of possible arson.

2. Prescribe a uniform system of reporting fires and their causes and effects.

3. Provide and coordinate training in firefighting and fire prevention and cooperate with educational institutions to provide and further such training.

4. Impound necessary evidence in conjunction with investigations of causes, origins and circumstances of fires if that evidence might be lost, destroyed or otherwise altered if not impounded.

5. Employ specialized testing services to evaluate evidence and conditions involved in fire investigations.

6. Designate certain members of the office of the state fire marshal's staff or a deputy fire marshal or an assistant fire inspector as arson investigators.

F. The primary duty of investigators designated pursuant to subsection E, paragraph 6 of this section is the investigation, detection and apprehension of persons who have violated or are suspected of violating any provision of title 13, chapter 17. A person designated as an arson investigator, while engaged in arson investigation in this state, possesses and may exercise law enforcement powers of peace officers of this state. This subsection does not grant any powers of peace officers of this state to arson investigators other than those necessary for the investigation, detection and apprehension authority granted by this subsection. Any individual designated as an arson investigator shall have law enforcement training under section 41-1822.

G. A city or town may allow all plans and specifications for new construction, remodeling, alterations and additions for municipal or private buildings and grounds to be submitted to the city or town for review and approval by a person designated by the city or town as knowledgeable of the state fire code. If the city or town adopts a process to approve construction permits pursuant to this subsection, the plans and specifications shall be reviewed and approved or disapproved within sixty days after submission. Construction shall not commence until the plans and specifications have been approved and a permit has been issued. END_STATUTE

Sec. 2. Title 37, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 37-1392, to read:

START_STATUTE37-1392. Fire code; municipal review; county-owned buildings; petition; exemption; time frame

A. A city or town that has adopted an ordinance pursuant to section 37-1383, subsection A, paragraph 5 may petition the assistant director of the office of the state fire marshal to exempt county-owned buildings from state fire code inspection if all of the following conditions apply:

1. The city or town submits the petition in conjunction with the applicable county.

2. The review of county-owned buildings is unduly burdensome for the city or town or the county. Evidence of any of the following is sufficient to prove the review is unduly burdensome:

(a) the review requires the hiring of additional staff.

(b) the review requires additional staff training.

(c) review by the assistant director of the office of the state fire marshal substantially exceeds the time frame for review if reviewed by the city or town or applicable county.

3. 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 by the applicable official at the city or town.

B. The assistant director of the office of the state fire marshal shall take action on a petition within thirty days after receipt and shall state the reason for the denial or approval of the petition. If the assistant director of the office of the state fire marshal does not take action on a petition within thirty days after receipt, the petition is automatically approved.

C. A city or town that receives petition approval pursuant to this section 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.

D. If a city or town adopts an amendment that materially weakens the city's or town's fire code after a petition's approval by the state fire marshal, the city or town shall promptly notify the office of the state fire marshal of the adopted amendment. Within thirty days after the date of such an adopted amendment, the city or town may reapply for a waiver. The previous petition approval does not expire until thirty days after the assistant director of the office of the state fire marshal makes a decision on the new waiver application.

E. If the office of the state fire marshal adopts a substantially stricter state fire code than the one currently adopted, the assistant director of the office of the state fire marshal shall promptly notify the affected cities or towns of the adoption. Within thirty days after the date of adoption of a stricter state fire code, each affected city or town may reapply for a WAIVER. The previous petition approval does not expire until thirty days after the assistant director of the office of the state fire marshall makes a decision on the new waiver application. END_STATUTE

Sec. 3. Short title

This act may be cited as the "Fire Marshal Bill Burns Act".