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House Engrossed |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2288 |
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AN ACT
amending sections 41‑2162, 41‑2163, 41‑2164 and 41‑2165, Arizona Revised Statutes; relating to the state fire marshal.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2162, Arizona Revised Statutes, is amended to read:
41-2162. Deputy fire marshals and assistants; appointment; duties; recovery of costs
A. The state fire marshal may, with the approval of the director:
1. Hire deputy fire marshals who shall have knowledge in the field of fire safety and have at least five years' experience in fire safety and hire such other assistants and employees as are necessary to properly discharge the duties imposed upon on the state fire marshal pursuant to this article.
2. Appoint as assistant fire inspectors any of the fire chiefs of a city, town, county, volunteer fire company or protective district or an employee of a private fire service provider who is a state certified fire inspector and who meets the requirements of paragraph 1 to act within their area of jurisdiction or area of service or upon on the recommendation of the fire chief appoint other assistant fire inspectors if needed to function within the jurisdiction.
3. Appoint other assistant fire inspectors who are state certified fire inspectors as are necessary in areas which that are not under the jurisdiction of a fire chief designated in paragraph 2 who may be employees of this state, or the federal government or a private fire service provider.
B. Assistant fire inspectors appointed pursuant to this section shall carry out their duties only within the geographic areas assigned by the state fire marshal. When assigning geographic areas, the state fire marshal shall give a preference to assigning assistant fire inspectors to the service area covered by the municipal or private fire service provider where the assistant fire inspector is employed.
B. C. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 are not entitled to receive additional compensation for performing duties under this article, except that an employee of a public or private fire service provider who acts as an assistant fire inspector may charge fees to recover costs incurred in conducting inspections or for the review of plans. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 shall have attended fire inspector training and shall be tested and certified by the state fire marshal.
D. An assistant fire inspector who is appointed pursuant to this section may inspect property, issue citations and enforce the jurisdiction's fire code. An assistant fire inspector who is appointed pursuant to subsection A shall report all actions taken to the state fire marshal in a manner prescribed by the state fire marshal.
E. A city, town or county may appoint a fire inspector from one or more public or private fire service providers who service areas in the city, town or county to inspect property. City, town or county fire inspectors may issue citations and enforce the fire code on behalf of the city, town or county within the respective service area of the public or private fire service provider. A fire inspector shall report all actions taken to the city, town or county manager. A fire inspector who is appointed pursuant to this subsection is not entitled to receive additional compensation for performing duties on behalf of the city, town or county, but may charge fees to recover the costs for review of plans and the inspection of premises.
F. The state fire marshal, deputy fire marshal, assistant fire inspectors or an assistant fire inspector who is appointed pursuant to this section may inspect buildings and premises in response to an emergency call or at the request of the occupant of the property.
G. The amount of the fees charged by an assistant fire inspector shall be available at the office of the state fire marshal or the city, town or county where the property is located.
Sec. 2. Section 41-2163, Arizona Revised Statutes, is amended to read:
41-2163. 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 state except in any city having a population of one hundred thousand persons or more which that has in effect a nationally recognized fire code, whether modified or unmodified, and which 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 which 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 prior to 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 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 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 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.
Sec. 3. Section 41-2164, Arizona Revised Statutes, is amended to read:
41-2164. Inspection; consent; search warrant
A. The fire marshal or his designated representative a deputy fire marshal or an assistant fire inspector may investigate fire damage and shall carry out periodic inspection programs of buildings and premises to examine or inspect for fire hazards.
B. In carrying out such inspections or investigations the fire marshal or his designated representative a deputy fire marshal or an assistant fire inspector shall identify himself to the owner or tenant of such building or premises and seek the consent of such owner or tenant to carry out such inspection. If such consent is refused, or it is not possible to reasonably obtain consent, the fire marshal or his designated representative a deputy fire marshal or an assistant fire inspector shall obtain a search warrant for such building or property in compliance with the provisions of title 13, chapter 38, article 8.
C. When if the fire marshal is assisting a local fire department in an investigation of fire damage, the authority of the local fire department to investigate such the fire damage shall be deemed to include the fire marshal or his designated representative a deputy fire marshal or an assistant fire inspector.
Sec. 4. Section 41-2165, Arizona Revised Statutes, is amended to read:
41-2165. School protection; definition
A. The fire marshal or a deputy fire marshal or an assistant fire inspector shall enforce rules and regulations for establishing programs for evacuating school buildings and for instructing all students in public and private schools as to proper methods of fire prevention and control and of the importance thereof. Such rules, regulations and programs shall be transmitted to the department of education for distribution to such schools.
B. For the purposes of this article, "school" as used in this article refers to means an educational institution of any description, public or private, wherever situated in this state.