REFERENCE TITLE: state fire marshal; phased permitting State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1348 Introduced by Senator Gowan An Act amending sections 37-1382 and 37-1383, Arizona Revised Statutes; relating to the state fire marshal. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: state fire marshal; phased permitting
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1348
Introduced by Senator Gowan
REFERENCE TITLE: state fire marshal; phased permitting
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1348
Introduced by
Senator Gowan
An Act
amending sections 37-1382 and 37-1383, 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 37-1382, Arizona Revised Statutes, is amended to read: START_STATUTE37-1382. 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 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 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 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. 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 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 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. 2. Section 37-1383, Arizona Revised Statutes, is amended to read: START_STATUTE37-1383. Powers and duties; construction plans and specifications; 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. Enforce compliance with the fire code adopted pursuant to this subsection throughout this state except in any city having 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 established adopted pursuant to paragraph 2 of this subsection in state or county owned buildings wherever located throughout the this state. 6. Cooperate and coordinate with other state agencies in the administration of the state fire code. 7. 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 this state, except for private school buildings in cities with a population of one hundred thousand or more persons. 8. 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. 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. Administer the arson detection reward fund established by section 37-1387. B. Except as provided in subsection G 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. 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. For a two-phase application, Within thirty days after receiving a valid permit APPLICATION, the state forester shall review the plans and specifications shall be reviewed and approved or disapproved 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. C. E. 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. D. F. The primary duty of investigators designated pursuant to subsection C E, 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. in a city or town with a population of thirty thousand or less, the city or town may allow all plans and specifications for new construction, remodeling, alterations and additions for state, county and PUBLIC SCHOOL 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 KNOWLEDGABLE 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
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-1382, Arizona Revised Statutes, is amended to read:
START_STATUTE37-1382. 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 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 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 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.
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 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 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. 2. Section 37-1383, Arizona Revised Statutes, is amended to read:
START_STATUTE37-1383. Powers and duties; construction plans and specifications; 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. Enforce compliance with the fire code adopted pursuant to this subsection throughout this state except in any city having 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 established adopted pursuant to paragraph 2 of this subsection in state or county owned buildings wherever located throughout the this state.
6. Cooperate and coordinate with other state agencies in the administration of the state fire code.
7. 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 this state, except for private school buildings in cities with a population of one hundred thousand or more persons.
8. 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. 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. Administer the arson detection reward fund established by section 37-1387.
B. Except as provided in subsection G 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. 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. For a two-phase application, Within thirty days after receiving a valid permit APPLICATION, the state forester shall review the plans and specifications shall be reviewed and approved or disapproved 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.
C. E. 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.
D. F. The primary duty of investigators designated pursuant to subsection C E, 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. in a city or town with a population of thirty thousand or less, the city or town may allow all plans and specifications for new construction, remodeling, alterations and additions for state, county and PUBLIC SCHOOL 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 KNOWLEDGABLE 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