Section 13.50.075. Deferring to local authorities.

	(a)  The state fire marshal will, in the marshal's discretion, 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 will, in the marshal's discretion, 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;  
		(3) has full law enforcement authority and fire protection responsibilities for a specific geographic area.  
	(c)  The state fire marshal will, in the marshal's discretion, defer building fire safety inspection and enforcement activities to the local authorities, if the municipality  
		(1) complies with the requirements of 13 AAC 52.030;  
		(2) 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) 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 marshal will, in the marshal's discretion, 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 form dated September 1, 2012 and adopted by reference. Deferral agreements will be audited every two years and a revalidated agreement signed from time to time.  

Authorities

18.70.010;18.70.080;18.70.090

Notes

Reference

13 AAC 50.020
13 AAC 55.150
7 AAC 10.1010

Authority

AS 18.70.010 AS 18.70.080 AS 18.70.090

History

Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 6/10/93, Register 126; am 11/16/2012, Register 204