HB 2148 — fire protection systems; inspections

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 - 2 - H.B.

2148 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.

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2148 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.

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 HouseBY AmendmentsA toCOUNTY H.B.IF REQUESTED BY THE LOCAL AUTHORITY RESPONSIBLE FOR SUCH INSPECTIONS.

2148Sec. BY A COUNTY IF REQUESTED BY THE LOCAL AUTHORITY RESPONSIBLE FOR SUCH INSPECTIONS." Page 4, line 10, strike "subsection" insert "subsections";

after3. "K" insert "and L" Amend title to conform TIMOTHY M.

DUNNFire 2148DUNN.docxprotection 01/22/2024systems; 04:16 PM H:

SJ/lsinspections; -2-

enforcement date On or before January 1, 2025, each city, town or county that has adopted a fire code shall adopt a regulation to enforce the requirements of section 9-500.50, Arizona Revised Statutes, as added by this act, and section 11-861, subsections K and L, Arizona Revised Statutes, as added by this act.

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