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
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