public buildings; state fire code

SB1562 - 572R - I Ver

REFERENCE TITLE:
public buildings; state fire code

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1562

Introduced by

Senator
Dunn

AN
ACT

Amending sections 34-461, 37-1307,
37-1382 and 37-1383, Arizona Revised Statutes; 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. Section 34-461, Arizona Revised
Statutes, is amended to read:

START_STATUTE
34-461.

Applicability of local codes; exceptions; definition

A. Public buildings shall be constructed in
compliance with the state fire code or, if at the request of a school district
or charter school, the office of the state fire marshal may authorize through
an intergovernmental agreement with a city, town, county or fire district in
which the school district or charter school building is located to impose the
fire code adopted by the city, town, county or fire district on school district
or charter school buildings. 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 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 office of the state fire
marshal and the building, plumbing, electrical 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 37-1383, subsection A, paragraph
5
4
do not have authority that
supersedes and are not exempt from the office of the state fire marshal's
established fire code in state or county owned buildings wherever located
throughout this state.
� The state fire code is the minimum
standard for any state or county owned buildings.

F. 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.

G. If the office of the state fire marshal enters
into an intergovernmental agreement pursuant to subsection A of this section, a
school district or charter school
may choose to
shall
have the plan review, permitting and any related
inspections or any regularly scheduled fire safety inspections completed by
either the office of the state fire marshal or the city, town, county or fire
district
that has jurisdiction over the school district or
charter school pursuant to the intergovernmental agreement
. If
the school district or charter school chooses to have the city, town, county or
fire district perform the plan review, permitting and any related inspections
or the regularly scheduled fire safety inspections, the city, town, county or
fire district shall inform the school district or charter school of any fees
associated with the inspection process.

H. 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.

I. 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.

J. 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 37-1307, Arizona Revised
Statutes, is amended to read:

START_STATUTE
37-1307
.
Fire watch; requirements; definition

A. The state fire safety committee is
established consisting of nine members who are appointed for three-year terms
by the governor pursuant to section 38-211. The governor may
remove any member from the committee for incompetency, improper conduct,
disability or neglect of duty.� Membership on the committee is as follows:

1. Two members, not from the same
municipality, each of whom is a fire chief or fire marshal of a paid municipal
fire department of a city with a population of one hundred thousand persons or
more.

2. One member who is a fire chief of a
paid municipal fire department of a town with a population of less than one
hundred thousand persons.

3. One member who is a fire chief in a
fire district of an unincorporated area in a county with a population of less
than five hundred thousand persons.

4. One member who is a member of the
Arizona fire chiefs association.

5. One member who is a registered
architect.

6. One member who is a chief building
official of a city, town or county.

7. One member who is a member of the
public.

8. One member who is a member of the
public and who is engaged in the business of distributing, selling or providing
liquefied petroleum gas to consumers.

B. The state fire safety committee
shall annually select from its membership a chairperson for the
committee. The committee shall meet on the call of the chairperson
or on the request of at least five members.

C. The state fire safety committee
shall advise the office of the state fire marshal on all of the following:

1. The adoption of a state fire code.

2. The adoption of a fee schedule for
permits, plan submissions, plan reviews and reinspections.

3. The allocation of monies from the
arson detection reward fund established by section 37-1387.

D. Members of the committee are not
eligible to receive compensation for service on the committee but are eligible
for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E.

a.
If
the
assistant director of the office of the
state fire
safety committee

marshal
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 shall be to perform constant patrols of the
protected premises while keeping watch for fires. The local
jurisdiction 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.

b.
For the purposes of this
subsection
section
, "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.
END_STATUTE

Sec. 3. Section 37-1382, Arizona Revised
Statutes, is amended to read:

START_STATUTE
37-1382.

Deputy fire marshals and assistants; appointment; duties;
recovery of costs

A. With the approval of the state forester, the
assistant director of the office of the state fire marshal may:

1. Hire deputy fire marshals who shall have
knowledge in the field of fire safety and hire such other assistants and
employees as are necessary to properly discharge the duties imposed on the
office of 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 meets the
requirements of this section to act within their area of jurisdiction or area
of service or 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 meet
the requirements of this section as are necessary in areas that are not under
the jurisdiction of a fire chief designated in paragraph 2 of this subsection
and who may be employees of this state, the federal government or a private
fire service provider.

B. Assistant fire inspectors appointed pursuant to
subsection A of this section shall
:

1.
Carry out their duties only
within the geographic areas assigned by the assistant director of the office of
the state fire marshal.� When designating assistant fire inspectors and when
assigning geographic areas, the assistant director of the office of 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.

2. Provide the following information
to the office of the state fire marshal within thirty days after completion of
the activity and in a manner as determined by the office of the state fire
marshal:

(
a
) The record
of a fire inspection.

(
b
) The record
of a certificate of occupancy.

(
c
) The record
of all dates of inspection.

(
d
) The record
of an updated building inventory.

C. Assistant fire inspectors appointed under
subsection A, paragraph 2 or 3 of this section 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 and inspections of
property. Assistant fire inspectors appointed under subsection A,
paragraph 2 or 3 of this section or fire inspectors appointed pursuant to
subsection E of this section shall have attended fire inspector training by an
entity that meets nationally recognized standards and is approved by the office
of the state fire marshal.

D. An assistant fire inspector who is appointed
pursuant to subsection A of this section may inspect property, issue notices of
violation and enforce the jurisdiction's fire code. An assistant
fire inspector who is appointed pursuant to subsection A of this section shall
report all actions taken to the assistant director of the office of the state
fire marshal in a manner prescribed by the assistant director.

E. A city, town or county may appoint a fire
inspector from one or more public or private fire service providers that
service areas in the city, town or county to inspect property. City,
town or county fire inspectors may issue notices of violation 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
who is appointed pursuant to this subsection:

1.
Shall
:

(
a
)
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 public or private premises.

(
b
) Provide the
following information to the office of the state fire marshal within thirty
days after completion of the activity and in a manner as determined by the
office of the state fire marshal:

(
i
) The record
of a fire inspection.

(
ii
) The record
of a certificate of occupancy.

(
iii
) The
record of all dates of inspection.

(
iv
) The record
of an updated building inventory.

2. 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 incurred for the review of
plans and inspections of public or private premises.

F. The assistant director of the office of the state
fire marshal, deputy fire marshals, assistant fire inspectors or a 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 public or private property.

G. The amount of the fees charged by a fire
inspector or 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.
END_STATUTE

Sec. 4. Section 37-1383, Arizona Revised
Statutes, is amended to read:

START_STATUTE
37-1383.

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.

4.
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. 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.

5.
Cooperate
and coordinate with other state agencies in the administration of the state
fire code.

7.

6.
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.

7.
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.

8.
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.

9.
Administer
the arson detection reward fund established by section 37-1387.

b. The state fire marshal may adopt
rules for the distribution 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.

B.

c.
Except
as provided in subsection
G

H
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.

d.
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.

e.
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.

f.
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.

g.
The
primary duty of investigators designated pursuant to subsection
E

F
, 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.

h.
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