HB2233 - 522R

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

Section 1. Section 34-461, Arizona Revised Statutes, is amended to read:

START_STATUTE34-461. Applicability of local codes; exceptions; definition

A. Public buildings shall be constructed in compliance with the state fire code unless a or, if the state fire marshal authorizes through an intergovernmental agreement the city, town, county or fire district in which the public building is located to impose the fire code adopted by the city, town, county or fire district on public buildings, the fire code has been adopted by the city, town, county or fire district in which the building is located. An intergovernmental agreement entered into pursuant to this subsection may allow the city, town, county or fire district to conduct regularly scheduled fire safety inspections. Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city, town, county or fire district in which the building is located. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to these codes to determine compliance.

B. If a public building is built in an area that has not adopted local codes, the building shall be designed or constructed according to the state fire code adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city in the county in which the building is located.

C. Public buildings are subject to those codes that apply and are in effect when the building is designed or constructed and to the currently adopted codes when a building is found to be structurally unsafe, without adequate egress or a fire hazard or is otherwise dangerous to human life.

D. Subsections A and B of this section do not apply to state owned buildings except for the application of the fire code in effect where a state owned building is located. In complying with the applicable codes pursuant to subsections A and B of this section, the permitting process and fees do not apply to a public school district owned building in a county with a population of more than seven hundred fifty thousand persons but less than two million persons except for the application of the design and permitting process and any fee required of a fire code in effect where such a public school district owned building is located. State department of corrections facilities are exempt from the application of the local fire code in the absence of an intergovernmental agreement between the state department of corrections and the governmental entity responsible for enforcing any local fire code.

E. Notwithstanding subsection A of this section, cities prescribed in section 41‑2163, subsection A, paragraph 2 do not have authority that supersedes and are not exempt from the state fire safety committee's established fire code in state or county owned buildings and public schools wherever located throughout the state.

E. Notwithstanding subsection A of this section, buildings and properties owned by the Arizona board of regents or a university under its jurisdiction are exempt from any city, town, county or fire district fire code in the absence of an intergovernmental agreement between the Arizona board of regents or the university and the city, town, county or fire district.

F. This section does not preclude a public school district in a county with a population of more than seven hundred fifty thousand persons but less than two million persons from submitting, at its discretion, to the building design or construction permitting process of the appropriate local government entity for any given project. A public school district making such a decision is subject to subsections A and B of this section and the permit and code compliance requirements of the local government entity, including inspections and fee payments that may be required, for the duration of the project that the district submitted to the local government entity.

G. Public school districts in a county with a population of more than seven hundred fifty thousand persons but less than two million persons shall adopt policies to provide requirements to be followed by licensed or registered contractors or employees in order to ensure that construction projects are in compliance with the applicable codes pursuant to subsections A and B of this section and that records required by code or law for a given project are completed and maintained by the applicable district. At a minimum, these policies shall:

1. Include the method by which the public school district will notify the appropriate local government unit or units, and retain a record of the notification, that the public school district will not be using the permitting process for a given project pursuant to subsection D of this section.

2. Prohibit a construction contractor from serving as a district's inspector and code compliance official on the same project for which the contractor is providing construction services.

3. Require the architect of record for a given district project to be responsible for signing the certificate of occupancy when such a certificate is required for that particular project.

H. For the purposes of this section, "public building" means a building or appurtenance to a building that is built in whole or in part with public monies. END_STATUTE

Sec. 2. Section 41-2163, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2163. Powers and duties; arson investigators

A. The state fire marshal or a deputy fire marshal or an assistant fire inspector acting at the direction of the fire marshal shall, under the authority and direction of the director:

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

2. Enforce compliance with the fire code adopted by the state fire safety committee throughout ~~the~~ this state except in any city having 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 state fire safety committee. Such cities do not have authority that supersedes and are not exempt from the state fire safety committee's established fire code in state or county owned buildings and public schools wherever located throughout the state.

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

4. 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 the state, except for private school buildings in cities with a population of one hundred thousand or more persons ~~according to the last decennial census~~.

5. 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 ~~according to the last decennial census~~.

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

7. Compile, update as necessary and make available to the public a fully indexed and cross‑referenced list of all rules adopted by state agencies and departments and agencies and departments of political subdivisions of this state relating to the control of all hazardous materials as defined in section 28‑5201 and all federal regulations relating to the control of hazardous materials as defined in section 28‑5201 for which there is no state regulation.

8. Establish and maintain a library of all rules and regulations identified in the index required by paragraph 7 of this subsection and support the regulated industry's request for information through research or referral to the agency adopting the specific rule for technical information or other assistance as circumstances dictate.

9. Administer the arson detection reward fund established by section 41‑2167.

B. The state fire marshal and this state are not liable for damages caused by information that is omitted from the rules and federal regulations compiled pursuant to subsection A, paragraph 7 of this section.

C. 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 director for review and approval by the state fire marshal or as authorized to a deputy fire marshal or an assistant fire inspector acting at the direction of the fire marshal before construction. The plans and specifications shall be reviewed and approved or disapproved within sixty days of submission. No Construction shall not commence until the plans have been approved and a permit has been issued.

D. The state fire marshal or a deputy fire marshal or an assistant fire inspector acting at the direction of the state fire marshal may, under the authority and direction of the director:

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 ~~fire fighting~~ 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~~, in the event~~ if that ~~such~~ evidence might be lost, destroyed or otherwise altered if not so impounded.

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

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

E. The primary duty of investigators designated pursuant to subsection D, 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.END_STATUTE