fire code; municipalities; county buildings

Plain English Breakdown

The official text does not specify an effective date beyond stating it becomes effective on the general effective date; no specific calendar date is provided in the source.

Fire Marshal Bill Burns Act

This law allows cities and towns to request an agreement with a county so they can enforce their own fire codes on county-owned buildings if following the state code causes extra work or costs.

What This Bill Does

• Allows a city or town that has adopted its own nationally recognized fire code by ordinance to request an intergovernmental agreement with a county to enforce that local code for county-owned buildings.
• Requires that enforcement of the state fire code be unduly burdensome, such as needing new staff, extra training, or slower review times than the city could provide.
• States that the city's or town's current fire code and enforcement must not be substantially less strict than the state fire code before an agreement is approved.
• Requires the Assistant Director of the Office to approve or deny a request within 30 days; if no action happens in that time, the request is automatically approved.
• Makes the city or town solely responsible for inspecting and enforcing fire rules on county-owned buildings within their area once an agreement starts.

Who It Names or Affects

• Cities and towns with adopted nationally recognized fire codes
• Counties that own buildings in those cities or towns
• The Office of the State Fire Marshal

Terms To Know

Intergovernmental agreement

A formal contract between two government groups, such as a city and a county.

Unduly burdensome

Causing too much difficulty or cost, like needing to hire more workers, take extra training, or face slower review times than local officials could provide.

Stringent

Strict or having high standards that must be followed closely; the law requires local codes not to be substantially less strict than state codes.

Limits and Unknowns

• The agreement only applies if the city's fire code and enforcement are not substantially less strict than the current state fire code.
• Cities and towns must share inspection reports, occupancy certificates, and updated building lists with the State Fire Marshal after an agreement begins.
• This law does not change existing rules for cities with populations of 100,000 or more that already have their own jurisdiction under current state law.

Official Summary Text

HB2324 - 572R - Senate Fact Sheet

Assigned to
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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2324

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

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Prepared by Senate Research

March 16, 2026

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Current Bill Text

Chapter 0057 - 572R - H Ver of HB2324

House Engrossed

fire code;
municipalities; county buildings

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 57

HOUSE BILL 2324

AN
ACT

amending title 37. chapter 9, article 4, Arizona
Revised Statutes, by adding section 37-1392; Relating to the office of
the state Fire marshal.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 37, chapter 9, article 4,
Arizona Revised Statutes, is amended by adding section 37-1392, to read:

START_STATUTE
37-1392.

Fire code; municipal
review; county-owned buildings; request; exemption; time frame

A. A city or town that has adopted an
ordinance pursuant to section 37-1383, subsection A, paragraph 5 may
request the assistant director of the office of the state fire marshal
to
enter into an intergovernmental agreement with a
county on behalf of the office of the state fire marshal to enforce the fire
code adopted by the city or town for county-owned buildings if all of the
following conditions apply:

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

2. The
ENFORCEMENT
of the state adopted fire code for 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
enforcement 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.

(
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
jointly by the
ASSISTANT director of the office of the state fire marshal and 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
request
within thirty days after receipt and shall state the reason for the denial or
approval of the
request.� If the assistant director of
the office of the state fire marshal does not take action on a
request within thirty days after receipt, the
request
is automatically approved.

C. A city or town that
enters into an intergovernmental agreement 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. A city or town that enters into an
intergovernmental agreement pursuant to this section shall provide the office
of the state fire marshal a record of the certificate of occupancy and all
applicable fire code inspection reports, including regularly required
inspections conducted pursuant to the city's or town's fire code and updated
building inventory in a manner as determined by the office of the state fire
marshal.

END_STATUTE

Sec. 2.
Short title

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

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.