13 AAC 50.075 - Deferring to local authorities
(a) The state fire
marshal may exempt a municipality from compliance with the requirements of
13 AAC 50.027, if the municipality
(1) has the expertise to and has enacted
ordinances for the review and approval of plans and specifications and the
enforcement of state fire statutes and regulations; and
(2) agrees in writing to concurrently
undertake or continue a building fire safety inspection program that meets or
exceeds the program conducted by the division of fire and life
safety.
(b) The state
fire marshal may exempt an agency of state government from compliance with the
requirements of
13 AAC 50.027, if the agency
(1) has the expertise and has entered into a
written agreement to review and approve plans and specifications and to enforce
state fire statutes and regulations;
(2) agrees in writing to concurrently
undertake or continue a building fire safety inspection program that meets or
exceeds the programs conducted by the division of fire an life safety;
and
(3) has full law enforcement
authority and fire protection responsibilities for a specific geographic
area.
(c) The state fire
marshal may defer building fire safety inspection and enforcement activities to
the local authorities, if
(1) the
municipality complies with the requirements of
13 AAC 52.030;
(2) the municipality has a building fire
safety inspection program that meets or exceeds the building fire safety
inspection program conducted by the division of fire and life safety;
(3) the municipality has the expertise to
enforce state fire safety statutes and regulations; and
(4) the governing body of the municipality
has agreed, in writing, to enforce state fire safety statutes and
regulations.
(d) If the
state fire marshal determines that a municipality or agency of state
government's plan review or fire safety inspection program is not providing
adequate enforcement of state fire safety statutes or regulations, the state
fire marshal may cancel the exemption or deferral granted under this section.
The state fire marshal will give 30 days' written notice to the municipality or
agency of state government before canceling the exemption or
deferral.
(e) Application for
deferral or exemption under this section must be made on the forms provided by
the state fire marshal. Criteria for deferral and exemption are contained on
the application forms. Deferral agreements will be audited every two years and
a revalidated agreement signed from time to time.
Notes
Authority:AS 18.70.010
AS 18.70.080
AS 18.70.090
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.