13 AAC 50.070 - Inspections, orders, and appeals
(a) If an officer
of the division of fire and life safety finds a building or premises in which
the following dangerous conditions or materials exist, the officer shall order
the conditions or materials to be remedied or removed as directed by the state
fire marshal:
(1) dangerous amounts of
combustible, explosive, or otherwise hazardous materials;
(2) hazardous conditions arising from
defective or improperly installed equipment for handling or using combustible,
flammable, explosive, or otherwise hazardous materials;
(3) dangerous accumulations of decorations,
rubbish, wastepaper, boxes, shavings, or combustible or flammable liquids or
materials;
(4) accumulations of
dust or waste materials in air conditioning or ventilating systems or of grease
in kitchen or other exhaust ducts;
(5) obstructions to or on fire escapes,
stairs, passageways, doors, or windows, which will interfere with operations of
the fire department or egress of occupants in case of fire or
explosion;
(6) ineffective fire
assembly, exit door, attic separation, area separation, fire separation, or
occupancy separation;
(7) a
chimney, smokestack, stove, oven, incinerator, furnace or other heating device,
or electric fixture found to be defective or unsafe so as to create a fire
danger;
(8) a building or structure
which because of a lack of repairs, adequate exit facilities, automatic or
other fire-alarm apparatus or fire-extinguishing equipment, or any other cause
including age, is hazardous; or
(9)
any other condition that violates this chapter, and which the state fire
marshal finds is hazardous.
(b) If an order is issued to eliminate a
dangerous or hazardous condition described in (a) of this section and the
condition is not corrected within the time specified in the order, the state
fire marshal may post at the entrance to the building or premises a notice to
read "DO NOT ENTER, UNSAFE TO OCCUPY. DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
FIRE AND LIFE SAFETY." The notice must remain posted until the required repair,
demolition or removal is completed, and may not be removed without written
permission of the state fire marshal. No person may enter a posted building
unless the person does so to make required repairs or to demolish or remove the
hazardous condition.
(c) The
service of an order for the correction of a violation of (a) of this section
must be made upon the owner, occupant, or other persons responsible for the
condition by
(1) delivering a copy to the
person responsible for the condition or to the person in charge of the
premises;
(2) affixing a copy in a
conspicuous place on the door to the entrance of the premises; or
(3) mailing a copy of the report to the
responsible person by certified mail at his or her last known
address.
(d) If a
building or other premises is owned by one person and occupied by another under
lease or similar agreement, orders issued under (a) of this section apply to
the occupant unless the rule or order requires additions to or changes in the
premises which would become the real property of the owner of the premises. In
which case, the rule or order must be sent to the owner.
(e) If an order is made by the state fire
marshal or the marshal's authorized representative, the owner or occupant may,
within seven days after receiving the order, file a written appeal to the state
fire marshal who will, within 10 days after receiving the appeal, review the
order, and issue a written decision. The appeal must be postmarked within seven
days following the date of receipt of the order. The order must be complied
with within the time specified in the order unless the state fire marshal
revokes the order. The state fire marshal's decision on an appeal under this
subsection is a final order of the Department of Public Safety for purposes of
AS
18.70.100.
(f) No person may make a false statement with
the intent to mislead the state fire marshal in connection with the marshal's
official duties, including in response to orders of the Department of Public
Safety to alter, repair, change, or correct a violation or
deficiency.
Notes
Authority:AS 18.70.070
AS 18.70.080
AS 18.70.090
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