TITLE 4. PROFESSIONS AND OCCUPATIONS

Historical Note

Adopted as an emergency effective March 24, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-2). Former Section R8-2-41 adopted as an emergency now adopted as a permanent rule effective June 24, 1982 (Supp. 82-3). Adopted as an emergency effective October 12, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-5). Emergency expired. former Section R8-2-41 repealed, new Section R8-2-41 adopted effective April 2, 1985 (Supp. 85-2). Former Section R8-2-41 repealed, new Section R4-34-1101 adopted as an emergency effective March 14, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Former Section R8-2-41 repealed, new Section R4-34-1101 adopted as a permanent rule with editorial corrections effective November 16, 1988 (Supp. 88-4). Section R4-34-1101 repealed, new Section adopted effective July 20, 1990 (Supp. 90-3). Section R4-36-201 renumbered from R4-34-1101 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

Editor's Note: Article 3, consisting of Sections R4-26-301 through R4-36-308, repealed by summary action with an interim effective date of December 26, 1997. Historical notes in this Article were corrected for clarification in Supp. 98-2. Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2).

ARTICLE 3. INTERNATIONAL FIRE CODE MODIFICATIONS

R4-36-301. Definitions

The following terms apply to the state fire code established in this Chapter:

1. Wherever "International Plumbing Code" is used within the International Fire Code, substitute the term "State Plumbing Code."

2. Wherever the terms "fire chief" or "fire code official" are used in the International Fire Code, these terms include the State Fire Marshal or the State Fire Marshal's designated representative, unless the context otherwise requires.

3. Wherever the terms "fire department" or "department of fire prevention" are used in the International Fire Code, these terms include the State Fire Marshal or the State Fire Marshal's designated representative unless the context otherwise requires.

4. Section 202, the definition of Occupancy Classification for R-3 within the Residential Group is modified to read: Residential occupancies where the occupancies are primarily permanent in nature and not classified as R-1, R-2, or I and where buildings do not contain adult or child care facilities or more than five dwelling units.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4). R4-36-301 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-302. Appendices

The International Fire Code (2003 Edition), which is incorporated by reference, is published by the International Code Council and available from the International Code Council, 4051 W. Flossmoor Road, Country Club Hills, IL, 60478-5795, and modified as shown in Exhibit A.

EXHIBIT A. Incorporated Appendices

Section 101.2.1 The following appendices are adopted as part of this Code:

B: Fire-Flow Requirements for Buildings

C: Fire Hydrant Locations and Distribution

D: Fire Apparatus Access and Loading

D102.1 or the minimum requirement of the local fire response agency.

D107.1 or the minimum requirement of the local building/subdivision authority.

E: Hazard Categories

F: Hazard Ranking

G: Cryogenic Fluids - Weight and Volume Equivalents

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4). R4-36-302 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-303. Fees and Permits

A. Section 105.1.1 is modified to add: The State Fire Safety Committee shall establish a fee schedule on or before May 15 of each fiscal year for the coming fiscal year.

B. The State Fire Marshal shall post notice of the established fee schedule on or before June 1 of each fiscal year.

C. The fee schedule described in subsection (A) shall include fees for the following services and any person may obtain the fee schedule from the Office of the State Fire Marshal:

1. Plan submission;

2. Plan review;

3. Permit issuance; and

4. Reinspection necessitated by failure to cancel, lack of preparation for inspection, or failing the inspection.

D. The following time-frames are established for permits issued under the state fire code:

1. The Office of the State Fire Marshal shall determine within five business days from receipt of a permit application and plan submission whether the permit application and plan are administratively complete and ready for review.

2. The Office of the State Fire Marshal shall either grant or deny the permit within 60 calendar days from the date that the documents are determined to be administratively complete.

3. The permittee shall commence work within 180 days of the issuance of a permit or apply for an extension in writing from the State Fire Marshal. Without an extension, the permit is valid for 180 days from the date of issuance.

E. The holder of an operational or construction permit is entitled to inspections as prescribed in this Chapter. Reinspection because of a violation or cancellation without 24-hours notice shall be invoiced at a rate established in the fee schedule, and the reinspection shall not be conducted until the fee is paid.

F. The State Fire Marshal may authorize the refunding of any fee paid in accordance with this Section that was erroneously paid or collected if the permittee applies for the refund on a form furnished by the State Fire Marshal not later than 180 days after the date of fee payment.

G. Section 105.1.2 is modified to read: Types of permits. There shall be two types of permits as follows:

1. Operational permit. An operational permit allows the applicant to conduct an operation for which a permit is required by Section 105.6 for a period that does not exceed 180 days from the date of issuance.

2. Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.7.

H. Section 105.2.4, the first sentence is modified to read: The fire code official shall examine or cause to be examined each application for a permit or a permit amendment.

I. Section 105.3.1, the first sentence is modified to read: An operational permit shall remain in effect until reissued, renewed, or revoked or for a period of time that does not exceed 180 days.

J. Section 105.3.3, the sentence is modified to read: The building or structure shall not be occupied prior to the fire code official issuing a report indicating that applicable provisions of this code have been met.

K. Sections 105.6.1 through 105.6.3 are deleted.

L. Sections 105.6.5 through 105.6.13 are deleted.

M. Sections 105.6.16 through 105.6.26 are deleted.

N. Sections 105.6.28 through 105.6.32 are deleted.

O. Sections 105.6.34 through 105.6.36 are deleted.

P. Sections 105.6.38 through 105.6.42 are deleted.

Q. Sections 105.6.45 through 105.6.47 are deleted.

R. Section 105.7.5.1 is deleted.

S. Section 105.7.5.2 is modified to read: To install, construct, or alter, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are processed, transported, stored, dispensed, or used.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4).
R4-36-303 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-304. Inspections and Enforcement

A. Sections 103.1 through 103.4.1 are deleted.

B. Sections 108.1 through 108.3 are deleted.

C. Section 109.3 is modified to read: Violation penalties. If a person violates a provision of this code or fails to comply with any of the requirements of the code, the State Fire Marshal shall proceed in accordance with A.R.S. § 41-2196.

D. Section 111.2 is modified to read: Issuance. The State Fire Marshal shall issue a stop work order, referred to in statute as a cease and desist order, in accordance with A.R.S. § 41-2196.

E. Section 111.4 is modified to read: Failure to Comply. Any person who shall continue any work having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is subject to the provisions of A.R.S. § 41-2196.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4).
R4-36-304 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-305. General Precautions Against Fire

A. Section 307.2 is modified to read: Permit required. A permit shall be obtained in accordance with requirements of the Department of Environmental Quality before kindling a fire.

B. Section 311.1.1 is modified to read: Abandoned premises. Abatement of abandoned structures and premises shall be conducted in accordance with state law.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4).
R4-36-305 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-306. Emergency Planning and Preparedness

Section 401.1 is modified to read: Scope. Reporting of emergencies, coordination with the local authorized emergency response providers, emergency plans, and procedures for managing or responding to emergencies shall comply with the provisions of this Section.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4).
R4-36-306 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-307. Fire Service Features

A. Section 501.2 is modified to read: Permits. A permit shall be required as set forth in Sections 105.6 and 105.7 as modified by this Article.

B. Section 509.1, the second sentence is modified to read: The location and accessibility of the fire command center shall be approved by a local authorized emergency response provider.

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4). R4-36-307 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-308. Building Services and Systems

A. Section 601.2 is deleted.

B. Section 606.2 is modified to read: Refrigerants. The use and purity of new, recovered, and reclaimed refrigerants shall be in accordance with state law.

C. Section 606.13 is modified to read: Notification of refrigerant discharges. The fire department shall be notified immediately when a discharge becomes reportable under state, federal, or local regulations in accordance with Section 2703.3.1.

D. Sections 2703.3.1 and 2703.3.1.4 replace "fire code official" with "fire department."

Historical Note

Adopted effective November 1, 1995 (Supp. 95-4).
R4-36-308 repealed by summary action with an interim effective date of December 26, 1997; filed in the Office of the Secretary of State December 5, 1997 (Supp. 97-4). Adopted summary rules filed June 5, 1998; interim effective date of December 26, 1997, now the permanent effective date (Supp. 98-2). New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-309. Fire Protection Systems

A. Section 901.1 is modified to read: Scope. The provisions of this Chapter shall specify where fire protection systems are required and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems. Absent specific statutory authority to the contrary, these provisions provide the minimum protective standards relating to fire protection systems.

B. Section 903.3.5 is modified to read: Monitoring. Where a building fire alarm system is installed, automatic fire extinguishing systems shall be monitored by the building fire alarm system in accordance with state law.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-310. Explosives and Fireworks

A. Section 3301.1.3, the first paragraph is modified to read: Fireworks. Except as otherwise provided by A.R.S., Title 36, Chapter 13, Article 1, it is unlawful to sell, offer or expose for sale, use, explode, or possess any fireworks. A.R.S. § 36-1602(A).

B. Section 3301.1.3, exception 4 is deleted and replaced as follows: This section shall not be construed to prohibit or restrict the manufacture or possession, by a qualified pyrotechnic expert, of aerial set pieces designed for use in pyrotechnic displays, or the display of such set pieces in accordance with the terms of A.R.S., Title 36, Chapter 13, Article 1. A.R.S. § 36-1602(B).

C. Section 3301.1.3, exception 5 is added to read: 5. Additional uses are permitted as provided by law.

D. Section 3301.2.4.2 is modified to read: Fireworks display. The permit holder shall furnish a bond or certificate of insurance in the amount of one million dollars for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agency, employees, or subcontractors.

E. Section 3302.1 is modified to substitute the following definition of "FIREWORKS" for the existing definition: "Fireworks" (a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagratinon or detonation, and toy cannons in which explosives are used, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction, fireworks containing any explosive or combustible compound, and any tablet or other device containing an explosive substance. (b) Does not include: (i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion. (ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefore. (iii) Federally deregulated novelty items known as snappers, snap caps, party poppers or glow worms that contain less than twenty-five hundredths grains of explosive compound." A.R.S. § 36-1601(1).

Historical Note

New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).

R4-36-311. Referenced Standards

Chapter 45 of the International Fire Code, 2003 Edition, incorporated by reference, is modified to substitute the following: National Fire Protection Association (NFPA) Installation of Sprinkler Systems, Standard 13, 1999 edition, is replaced by NFPA Installation of Sprinkler Systems, Standard 13, 2002 edition; National Fire Protection Association (NFPA) National Fire Alarm Code, Standard 72, 1999 edition, is replaced by NFPA National Fire Alarm Code, Standard 72, 2002 edition.

Historical Note

New Section made by final rulemaking at 13 A.A.R. 449, effective April 7, 2007 (Supp. 07-1).