A.R.S. § 37-1392: Fire code; municipal review; countyowned 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 adopted state 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 adopted state fire code requires the hiring of additional staff.

(b) The enforcement of the adopted state 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.