fire protection systems, inspections

HB2368 - 572R - I Ver

REFERENCE TITLE:
fire protection systems, inspections

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2368

Introduced by

Representative
Martinez

AN
ACT

amending title 9, chapter 4, article 8,
Arizona Revised Statutes, by adding section 9-500.54; amending section 11-861,
Arizona Revised Statutes; relating to fire protection systems.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 9, chapter 4, article 8,
Arizona Revised Statutes, is amended by adding section 9-500.54, to read:

START_STATUTE
9-500.54.

Fire protection systems; inspections

A. Inspections of smoke dampers and
fire dampers within a fire protection system carried out pursuant to a building
code or fire code that is adopted by a city or town shall be performed in
accordance with the standards established by a nationally recognized standards
developing organization.

B. The state forester and state fire
marshal may provide certified inspectors and other resources to assist with
inspections on fire dampers and smoke dampers pursuant to a building code or
fire code that is adopted by a city or town if requested by the local authority
responsible for the inspections.
END_STATUTE

Sec. 2. Section 11-861, Arizona Revised Statutes, is
amended to read:

START_STATUTE
11-861.

Adoption of codes by reference; limitations; method of adoption;
fire sprinklers; fire apparatus access roads or approved routes; intent; state
preemption; fire watch requirements; pool barrier gates; refrigerants

A. In any county that has adopted zoning pursuant to
this chapter, the board of supervisors may adopt and enforce, for the
unincorporated areas of the county so zoned, a building code and other related
codes to regulate the quality, type of material and workmanship of all aspects
of construction of buildings or structures, except that the board may authorize
that areas zoned rural or unclassified may be exempt from the provisions of the
code adopted. The codes may be adopted by reference after notice and
hearings before the county planning and zoning commission and board of
supervisors as provided in this chapter for amendments to the zoning ordinance
of the county.

B. The board of supervisors may adopt a fire
prevention code in the unincorporated areas of the county in which a fire
district has not adopted a nationally recognized fire code pursuant to section
48-805.� Any fire code adopted by a board of supervisors pursuant to this
subsection shall remain in effect until a fire district is established and
adopts a code applicable within the boundaries of the district.

C. For the purposes of this article, codes
authorized by subsections A and B of this section shall be limited to the
following:

1. Any building, electrical, plumbing or mechanical
code that has been adopted by any national organization or association that is
organized and conducted for the purpose of developing codes or that has been
adopted by the largest city in that county. If the board of
supervisors adopts a city code, it shall adopt, within ninety days after
receiving a written notification of a change to the city code, the same change
or shall terminate the adopted city code.

2. Any fire prevention code that has been adopted by
a national organization or association organized or conducted for the purpose
of developing fire prevention codes and that is as stringent as the state fire
code adopted pursuant to section 37-1383.

D. The board of supervisors may adopt a current
wildland-urban interface code. The code may be adapted from a model
code adopted by a national or international organization or association for
mitigating the hazard to life and property. The board must follow
written public procedures in developing and adopting the code and any revisions
to the code to provide effective, early and continuous public participation
through:

1. The broad dissemination and publicity of the
proposed code and any revisions to the code.

2. The opportunity for submission and consideration
of written public comments.

3. Open discussions, communications programs and
information services.

4. Consultation with federal agencies and state and
local officials.

E. The board of supervisors shall not adopt a code
or ordinance or part of a uniform code or ordinance that prohibits a person or
entity from choosing to install or equip or not install or equip fire
sprinklers in a single-family detached residence or any residential building
that contains not more than two dwelling units. The board of
supervisors shall not impose any fine, penalty or other requirement on any
person or entity for choosing to install or equip or not install or equip fire
sprinklers in such a residence. This subsection does not apply to
any code or ordinance that requires fire sprinklers in a residence and that was
adopted before December 31, 2009. The provisions of this subsection
shall be included on all fire sprinkler permit applications that are for a
single-family detached residence or any residential building that contains not
more than two dwelling units.

F. A fire sprinkler permit application may be in
either print or electronic format.

G. A board of supervisors may not adopt any, or part
of any, fire code, ordinance, stipulation or other legal requirement for an
approved fire apparatus access road or a fire apparatus access road extension,
or both, or an approved route or a route extension, or both, that directly or
indirectly requires a one or two family residence or a utility or miscellaneous
accessory building or structure to install fire sprinklers. A fire code
official may increase or extend an approved fire apparatus access road or a
fire apparatus access road extension, or both, or an approved route or a route
extension, or both, to comply with this subsection. Compliance with
this subsection is not grounds to deny or suspend a license or
permit. This subsection may be enforced in a private civil action
and relief, including an injunction, may be awarded against a
county. The court shall award reasonable attorney fees, damages,
lost opportunity costs, interest and the cost of the sprinkler system to a
party that prevails in an action against a county for a violation of this
subsection.� The legislature finds and determines that property rights are a
matter of statewide concern and a fundamental element of freedom. A
property owner's right to use the property owner's property must be protected
from unreasonable abridgment by county regulation and
enforcement. This subsection supersedes and preempts any regulation
adopted by a county regarding an approved fire apparatus access road, fire
apparatus access road extension, approved route or route extension.� For the
purposes of this subsection:

1. "Fire code" includes the international
fire code, however denominated.

2. "Utility or miscellaneous accessory building
or structure" includes an agricultural building, aircraft hangar,
accessory to a residence, barn, carport, fence that is more than six feet high,
grain silo, greenhouse, livestock shelter, private garage, retaining wall,
shed, stable, tank or tower.

H. If a fire code adopted by a board of supervisors
requires the use of a fire watch, an employee who works at the building in
which a fire watch is required may serve as the fire watch.� A person who is
designated as a fire watch shall be equipped with means to contact the local
fire department, and the person's only duty while keeping watch for fires shall
be to perform constant patrols of the protected premises. The county
shall provide the fire watch with printed instructions from the office of the
state fire marshal and may provide a free training session before the person's
deployment as the fire watch begins.� For the purposes of this subsection,
"fire watch" means a person who is stationed in a building or in a
place relative to a building to observe the building and its openings when the
fire protection system for the building is temporarily nonoperational or
absent.

I. From and after December 31, 2014, a code or
ordinance or part of a uniform code or ordinance that is adopted by the board
of supervisors applies to locking devices for pool barrier gates used for means
of ingress or egress for semipublic swimming pools.� Any new construction or
major renovation of a semipublic swimming pool from and after December 31, 2014
must meet the requirements of the code or ordinance or part of the uniform code
or ordinance that is adopted by the board of supervisors.� This subsection does
not apply to a locking device for a pool barrier gate used for means of ingress
or egress for a semipublic swimming pool that was installed before January 1,
2015, if the locking device meets the requirements prescribed in section 36-1681,
subsection B, paragraph 3.

J. Any code, ordinance or general or specific plan
provision or part of a code, ordinance or general or specific plan provision
adopted by a county may not prohibit the use of refrigerants that are listed as
acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code
section 7671k) if the equipment used is listed and installed in accordance with
the use conditions prescribed in the clean air act.

K. Inspections of smoke dampers and
fire dampers within a fire protection system carried out pursuant to a building
code or fire code that is adopted by a county shall be performed in accordance
with the standards established by a nationally recognized standards developing
organization.

L. The state forester and state fire
marshal may provide certified inspectors and other resources to assist with
inspections on fire dampers and smoke dampers pursuant to a building code or
fire code that is adopted by a county if requested by the local authority
responsible for the inspections.
END_STATUTE

Sec. 3.
Fire protection
systems; inspections; enforcement date

On or before January 1, 2027, each
city, town or county that has adopted a fire code shall adopt a regulation to
enforce the requirements of section 9-500.54, Arizona Revised Statutes, as
added by this act, and section 11-861, subsections K and L, Arizona
Revised Statutes, as added by this act.