A.R.S. tit. 36 ch. 13 — Arizona Revised Statutes Title 36 Chapter 13 — Safety

36-1601. Definitions In this article, unless the context otherwise requires: 1. "APA 87-1" means the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version. 2. "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1. 3. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1. 4. "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, deflagration or detonation, that is a consumer firework or display firework. (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 therefor. (iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers. (iv) Permissible consumer fireworks. 5. "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits. 6. "NFPA 1124" means the national fire protection association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August 2012. 7. "Permissible consumer fireworks": (a) Means the following types of consumer fireworks as defined by the APA 87-1: (i) Ground and handheld sparkling devices. (ii) Cylindrical fountains. (iii) Cone fountains. (iv) Illuminating torches. (v) Wheels. (vi) Ground spinners. (vii) Flitter sparklers. (viii) Toy smoke devices. (ix) Wire sparklers or dipped sticks. (x) Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches manufactured in accordance with section 3.5 of the APA 87-1. (b) Includes, in a county with a population of more than five hundred thousand persons, adult snappers. For the purposes of this subdivision, "adult snapper" means a device that consists of a paper-wrapped or plastic tube that does not contain a fuse and produces a single report and meets all applicable requirements for fuseless firecrackers as defined by the consumer product safety commission and the American fireworks safety laboratory. (c) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including firework items defined by the APA 87-1 and known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes. 8. "Person" includes an individual, partnership, firm or corporation. 36-1602. Fireworks prohibited A. Except as otherwise provided by this article, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks. B. 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 pyrotechnical displays, or the display of such set pieces in accordance with the terms of this article. The governing body as defined by section 36-1601 shall determine if the expert is qualified. 36-1603. Permit for public display A. Each governing body may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks within its jurisdiction, by municipalities, fair associations, amusement parks and other organizations and groups. B. Application for a permit shall be made in writing not less than five days prior to the date of the display. Every display shall be handled by a competent operator, and shall be of a character and located, discharged and fired so that it will not be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the fire chief of the city or town or the sheriff of the county as is appropriate. After a permit is granted, the sale, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit is transferable or assignable. C. If a community, organization or group authorized under this article to obtain a permit for a public display of fireworks desires a permit for a locality more than fifty miles from the county seat and not within the limits of an incorporated city or town, application may be made to the justice of the peace of the precinct in which that locality is situated. The justice may issue the permit, subject to the conditions prescribed by this article, in the same manner as the board of supervisors. The constable shall make the prescribed investigation. The justice of the peace shall promptly report to the board of supervisors any permit issued by him pursuant to this subsection, and shall transmit the bond of the permittee to the board. 36-1604. Bond of permittee The governing body shall require each permittee to give a satisfactory bond in a principal amount not less than five hundred dollars, conditioned upon payment of all damages which may be caused to persons or property by reason of the display. 36-1605. Permitted uses; violations; civil penalties A. This article does not prohibit: 1. The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks that are not prohibited by this article. 2. The sale of fireworks to bona fide wholesalers, dealers or jobbers that are to be and are shipped directly out of the state, if the seller of fireworks under this paragraph maintains for a period of five years and makes available on request to the office of the state fire marshal or the local fire marshal, as applicable, the following information: (a) The name and address of each bona fide wholesaler, dealer or jobber for which a shipment is to be and is made directly out of the state, including each wholesaler's, dealer's and jobber's applicable state fireworks permit. (b) An invoice for each sale for which a shipment is to be and is made directly out of the state that contains a detailed listing of the products sold for the shipment that is to be and is made directly out of the state. (c) A bill of lading for each shipment that is to be and is shipped directly out of the state that contains both of the following: (i) The name and address of the out-of-state shipment destination. (ii) The name of the private carrier making the out-of-state delivery. (d) A statement from each bona fide wholesaler, dealer or jobber purchasing fireworks that are to be and are shipped directly out of the state that contains both of the following: (i) The purpose for which the fireworks that are to be and are shipped directly out of the state are to be used, including the location where the fireworks will be used. (ii) That the fireworks that are not permissible fireworks in this state are for sale or use only outside of this state. 3. The use of fireworks by railroads or other transportation agencies for signal purposes or illumination. 4. The sale or use of explosives for blasting or other legitimate industrial purposes. 5. The use of fireworks or explosives, or both, by farmers, ranchers and their employees who are regulated under title 3, and by state and federal employees who manage wildlife resources, to rally, drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife, if the seller of fireworks for use under this paragraph maintains for a period of five years and makes available on request to the office of the state fire marshal or the local fire marshal, as applicable, all of the following information: (a) The name and address of each person or business purchasing fireworks for use pursuant to this paragraph. (b) A copy of one of the following types or categories of current licenses issued by the Arizona department of agriculture for each person or business purchasing fireworks for use pursuant to this paragraph: (i) Dairy and milk license. (ii) Egg and egg products license. (iii) Feedlot license. (iv) Citrus, fruit and vegetable license. (v) Brand license. (vi) Pesticide use license. (c) A statement from each person or business purchasing fireworks for use pursuant to this paragraph that contains the purpose for which the fireworks are to be used, including the location where the fireworks will be used. 6. The sale of permissible consumer fireworks by a retail establishment if the retail establishment complies with the rules adopted pursuant to section 36-1609. 7. The use of permissible consumer fireworks by the general public, unless the use is prohibited by a governing body of an incorporated city or town. B. A person who fails to maintain or to make available on request information as required by subsection A, paragraph 2 of this section is subject to a civil penalty of five hundred dollars per violation. A person who attempts to purchase fireworks that are to be and are shipped directly out of the state pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state is subject to a civil penalty of one hundred fifty dollars per violation. A seller of fireworks who attempts either to sell fireworks pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state or to aid a purchaser in purchasing fireworks pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state is subject to a civil penalty of one thousand dollars per violation, and the office of the state fire marshal or the local fire marshal, as applicable, may prohibit the seller from selling permissible fireworks in this state or the applicable jurisdiction. C. A person who fails to maintain or to make available on request records as required by subsection A, paragraph 5 of this section is subject to a civil penalty of five hundred dollars per violation. A person who attempts to use fireworks purchased pursuant to subsection A, paragraph 5 of this section for a use other than the use authorized pursuant to subsection A, paragraph 5 of this section is subject to a civil penalty of one hundred fifty dollars per violation. A seller of fireworks under subsection A, paragraph 5 of this section who attempts either to sell fireworks to a purchaser for use in this state other than the use authorized by subsection A, paragraph 5 of this section or to aid a purchaser in purchasing fireworks for use in this state other than as authorized by subsection A, paragraph 5 of this section is subject to a civil penalty of one thousand dollars per violation, and the office of the state fire marshal or the local fire marshal, as applicable, may prohibit the seller from selling permissible fireworks in this state or the applicable jurisdiction. 36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows: 1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following: (a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits. (b) Prohibit the sale of permissible consumer fireworks on days other than April 25 through May 6, May 20 through July 6 and December 10 through January 3 of each year and two days before the first day of Diwali through the third day of Diwali each year. (c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 through July 6 and December 26 through January 4 of each year and the second and third days of Diwali of each year. (d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes. (e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area. (f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except: (i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year. (ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year. 2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following: (a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks. (b) Prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 and December 10 through January 3 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 and December 10 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place. (c) Prohibit the use of permissible consumer fireworks on days other than June 24 through July 6 and December 26 through January 4 of each year. The use of permissible consumer fireworks may be prohibited during June 24 through July 6 and December 26 through January 4 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place. (d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes. (e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area. (f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except: (i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year. (ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year. B. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one-half inches by eleven inches in size, that is on cardstock paper in landscape orientation, that lists the days of that year that are described in subsection A, paragraph 1 of this section relating to the time frame surrounding Diwali and that contains the following language on a contrasting background may be posted by the retail sales display of permissible consumer fireworks: State of Arizona Consumer Fireworks Regulations Arizona Revised Statutes section 36-1601, et al. The use of permissible consumer fireworks as defined under state law is allowed: May 4 - May 6, June 24 — July 6 and December 26 — January 4 The sale of permissible consumer fireworks as defined under state law is allowed: April 25 - May 6, May 20 — July 6 and December 10 — January 3 All other fireworks are prohibited, except as authorized by local fire department permit. The sale and use of novelties known as snappers (pop-its), party poppers, glow worms, snakes, toy smoke devices and sparklers are permitted at all times. Permissible consumer fireworks may not be sold to persons under sixteen years of age. Check with your local fire department for additional regulations and dates before using. C. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article. 36-1607. Seizure; enforcement A. The Arizona highway patrol or any sheriff or other peace officer shall seize, remove or cause to be removed, at the expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed in violation of this article. B. In addition to the persons specified in subsection A of this section, a fire marshal working for or contracted with a city, town, fire district or county may seize, remove or cause to be removed all fireworks for sale or offered for sale in the fire marshal's jurisdiction. The city, town, fire district or county may impose a fine on the owner of the fireworks that at a minimum covers the cost of the enforcement of this subsection. C. A person that has fireworks confiscated more than two times in a five-year period is prohibited from selling permissible consumer fireworks in this state for the three succeeding years following the most recent violation. 36-1608. Violation; civil penalty; classification A. A person violating a provision of this article is subject to a civil penalty of one thousand dollars. B. A person who uses fireworks or permissible consumer fireworks on preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes is guilty of a class 1 misdemeanor and shall pay a fine of at least one thousand dollars. 36-1609. Office of the state fire marshal; adoption of code; sale of permissible consumer fireworks A. The office of the state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts the national fire protection association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August, 2012. A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sales of consumer fireworks before selling permissible consumer fireworks to the public. B. A person shall not sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen years of age. 36-1610. Prohibited use of fireworks on state land; civil penalty A. The office of the state fire marshal may impose a civil penalty of one thousand dollars for each incident of prohibited use of fireworks on state land in violation of this article. B. The assistant director of the office of the state fire marshal shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the fire suppression revolving fund established by section 37-1305. 36-1621. Definitions In this article, unless the context otherwise requires: 1. "Cylinder" means a portable container that is constructed to United States department of transportation specifications that has less than two hundred thirty-nine pounds of water capacity and that is capable of storing liquefied petroleum gas. 2. "Gas appliance" means an appliance which is designed or used for the combustion of natural gas, manufactured gas, liquefied petroleum gases in any form or any mixture or combination of natural, manufactured or liquefied petroleum gas. 3. "Liquefied petroleum gas" means any hydrocarbon or mixture of hydrocarbons composed predominantly of propane, propylene, butanes, normal butane, isobutane or butylenes. 4. "Person" means a natural person, a corporation, partnership, firm, receiver or trustee or any organized group of persons. 36-1622. Approval and installation Any gas appliances installed or placed in tourist courts, camps, hotels and lodging houses after June 26, 1952 shall bear the seal of approval of the American gas association and shall be installed in accordance with the manufacturer's recommendations applicable to the appliance. 36-1623. Ventilation by vent or flue A. Gas appliances designed for space heating or water heating installed or placed in tourist courts, camps, hotels and lodging houses after June 26, 1952 shall be connected to an effective vent or flue leading to the outside air not less in size than the vent collar on the appliance. B. A vent or flue for any appliance except one having a forced draft or sealed combustion chamber shall extend one foot above the highest portion of the building if the vent or flue is located within fifteen feet horizontally from the highest point. A vent or flue extending above the roof line shall terminate in a cap with a vent capacity not less than that of the vent or flue. An appliance with a forced draft or sealed combustion chamber shall be vented in accordance with the manufacturer's instructions. C. Every vent, flue or chimney shall be a terra cotta patent chimney, or constructed of brick, fire clay or similar masonry product not less than one-half inch thick, or of approved pipe having a wall thickness which will give an insulating value equal to a terra cotta patent chimney or a masonry product and which will not disintegrate from the effects of gas fumes and other products of combustion. 36-1624. Maintenance All gas appliances and vents and flues with which they are connected shall be maintained in good repair by the owner of the premises unless there is a specific agreement to the contrary between the owner and the occupant, and the gas distributor as such shall not be responsible for injuries or damage resulting from the defective condition of any piping or appliance not owned or controlled by it. 36-1624.01. Liquefied petroleum gas containers; filling; evacuating; defacing; exception A. A person, other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner, shall not: 1. Fill or refill a liquefied petroleum gas container with liquefied petroleum gas or any other gas or compound. 2. Evacuate a liquefied petroleum gas container. 3. Deface, erase, obliterate, cover up or otherwise remove or conceal any name, mark, initial or device on a liquefied petroleum gas container. B. This section does not apply to cylinders. 36-1625. Municipal code not superseded Nothing in this article shall be construed to supersede or reduce the requirements of an ordinance or code of an incorporated city or town on the same subject. 36-1626. Violation; classification A person failing to comply with the requirements of this article or violating any of its provisions is guilty of a class 2 misdemeanor. 36-1631. Definitions In this article, unless the context otherwise requires: 1. "Hazardous locations" means those structural elements, glazed or to be glazed, in buildings used as dwellings for one or more families or persons, commercial buildings, industrial buildings and public buildings, known as interior and exterior doors composed of or containing glass or glass panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, and the fixed glazed panels immediately adjacent to such doors, whether or not the glazing in such doors, panels and enclosures is transparent, and all interior and exterior glazing in bathrooms, the bottom edge of which is less than fifty-six inches above the floor level. 2. "Panels immediately adjacent to" means the first fixed glazed panel on either or both sides of a door in a hazardous location, whether or not on the same plane and whether or not divided by a horizontal mullion, eighteen inches to forty-eight inches in width, the nearest vertical edge of which is located within three feet horizontally of the nearest vertical edge of the door and the bottom edge is less than eighteen inches above the floor level. 3. "Public buildings" means hotels, motels, dormitories, health care institutions, theatres, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, museums, restaurants, bars, places of worship and other buildings of public assembly. 4. "Safety glazing material" means any glazing material, including, but not limited to, tempered glass, laminated glass, wire glass or rigid plastic which meets the test requirements of the American national standards institute (ANSI) standard Z-97.1-1972 as now established or as may be amended from time to time, and which is so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material. 36-1632. Labeling of safety glazing materials A. Each light of safety glazing material manufactured, distributed, imported, fabricated or sold for use in a hazardous location, or installed in such a location, within the state of Arizona shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator, installer or other distributor, the type of safety glazing material, and the fact that the material meets the test requirements of the American national standards institute (ANSI) standard Z-97.1-1972. The label shall be legible and visible after installation. B. Safety glazing labeling shall not be used on other than safety glazing materials. 36-1633. Installation of non-safety glazing materials in hazardous location It shall be unlawful for any material supplier, contractor, subcontractor or any person other than an employee of the foregoing, who is responsible for installation of glazing materials, to knowingly install, cause to be installed or consent to the installation of glazing materials other than safety glazing materials in any hazardous location. 36-1634. Violation; classification Any person who knowingly violates any provision of this article is guilty of a class 2 misdemeanor. 36-1635. Local ordinances This article does not supersede any city, town or county ordinance which is greater than the standards provided in this article, nor does this article prohibit such city, town or county from inspecting pursuant to the provisions of this article or its ordinances, provided any city, town or county which has adopted a local building code shall provide for an inspection program to enforce the provisions of this article or local ordinance if such ordinance provisions are at least equal to the provisions of this article covering safety glazing. 36-1636. Definitions In this article, unless the context otherwise requires: 1. "Approved smoke detector" means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a residential housing unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383. 2. "Residential housing unit" means a one or two family dwelling unit, including a detached, semi-detached or duplex unit, or a multi-family dwelling unit including an apartment or condominium. 3. "Sleeping area" means any area of a residential housing unit in which bedrooms or sleeping rooms are located. 36-1637. Smoke detectors; residential housing A. An approved smoke detector shall be installed during construction in each new residential housing unit in this state. An approved smoke detector shall be installed in each existing residential housing unit in this state which does not comply with the requirements of this section if a sleeping area is remodeled and if this remodeling requires a permit from the local political subdivision. B. A smoke detector installed in a new residential housing unit or in a remodeled area pursuant to this section shall be maintained and kept operable by the tenant unless the tenant gives written notification to the landlord of its malfunction. The landlord shall be responsible for the repair of a smoke detector if such notice is given by the tenant. C. The landlord shall give written notification to the tenant of the tenant's responsibilities pursuant to this section. 36-1638. Local ordinances This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article, nor does this article prohibit a city, town or county from inspecting pursuant to its ordinance. 36-1639. Exemptions This article does not apply to: 1. Manufactured homes as defined in section 41-4001 that were manufactured from and after June 15, 1976. 2. Factory-built buildings as defined by section 41-4001 that display a certificate from the Arizona department of housing. 36-1641. Safety construction in public buildings; violations; classification A. The doors of all school houses, churches, theaters, public auditoriums and other public buildings shall be constructed so they may open outward. All screens, bars or other coverings of windows of such buildings, other than a place of legal imprisonment or confinement, shall be so constructed that they may be easily and quickly opened from the inside. B. It is unlawful for any such building to be constructed, used or occupied unless the doors and windows are constructed in compliance with subsection A. C. A person owning, using or permitting the use of a building contrary to the provisions of this section is guilty of a class 2 misdemeanor. 36-1645. Definitions In this article, unless the context otherwise requires: 1. "Approved smoke detector" means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a guest unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383. 2. "Automatic fire extinguishing equipment" means a mechanical system that puts out fires by ejecting chemicals or water. 3. "Guest unit" means a room in a motel or hotel that is offered for lodging. 36-1646. Smoke detectors; hotels and motels An approved smoke detector shall be installed in each guest unit in a motel or hotel which is not equipped with automatic fire extinguishing equipment. 36-1647. Local ordinances This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article, nor does this article prohibit a city, town or county from inspecting pursuant to its ordinance. 36-1651. Abandoned refrigerators; classification A person who abandons, discards, stores or keeps in any place accessible to children, or who, as the owner, lessee or manager, permits to remain on premises under his control, in any place accessible to children, a refrigerator, icebox, freezer cabinet or similar container, of a capacity of not less than one and one-half cubic feet, which is no longer used for refrigeration purposes, without the attached doors, hinges, lids or latches being removed, is guilty of a class 3 misdemeanor. 36-1661. Placing or leaving injurious drug or substance about habitation; classification A person who scatters, throws, places or leaves in or about a house or building used or occupied as the residence of any other person, or in or about a yard, lawn or enclosure connected therewith, a sample of any drug, medicine or substance injurious to health, is guilty of a class 2 misdemeanor. 36-1672. Local programs A. The department is authorized to develop and conduct local programs for the prevention, detection and treatment of lead-based paint poisoning, subject to legislative appropriation. Such authorization shall include: 1. Educational programs intended to communicate the health danger and prevalence of lead-based paint poisoning among children to parents, educators and local health officials. 2. Development and carrying out of community testing programs designed to detect incidence of lead poisoning due to lead-based paint and other sources among community residents and to ensure prompt medical treatment for such afflicted individuals. B. The director may delegate to any local agency the authority to conduct the local program within the local agency's jurisdiction as provided in section 36-136, subsection E. 36-1673. Reporting of lead levels The director shall adopt rules and regulations establishing an effective procedure under which all physicians licensed pursuant to title 32, chapter 13, 14 or 17 shall report to the department all analyses of blood samples which indicate significant levels of lead. The regulations shall include such necessary criteria to determine those levels of significance which shall be reported. 36-1674. Prohibited acts; classification A. It shall be unlawful for any person to: 1. Apply lead-based paint to any interior surface of residential housing or a public building and to the exteriors and porches of such housing and buildings in any area which is readily accessible to children under seven years of age. 2. Apply lead-based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil in violation of the requirements established by the director. 3. Sell or distribute any toy, furniture, cooking utensil, drinking utensil, or eating utensil containing any lead-based paint which does not conform with the requirements established by the director. B. Lead-based paint that may be purchased by the general public shall not be sold or distributed in any form unless the container is clearly labeled as follows: "(Front panel) Warning'. Contains lead Dried film of this paint may be harmful if eaten or chewed See other cautions on (side or back) panel.* (Back or side panel) Cautions Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. Do not apply on those exterior surfaces of dwelling units, such as windowsills, porches, stairs, or railing, to which children may be commonly exposed. Keep out of reach of children." The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main panel of the label. Such information shall be placed together and distinctively apart from other wording or designs. The necessary prominence shall be achieved by placement within the borders of a square or rectangle with or without a borderline, and by use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed. The signal word and statement of hazard shall be in capital letters. The signal word shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than eighteen point type, and the size of the statement of hazard shall not be less than twelve point type unless the label space on the container is too small to accommodate such type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than necessary and in no event to a size smaller than six point type. C. The label requirement required by subsection B shall not apply to artists' supplies. D. Any person who violates a provision of this section is guilty of a class 1 misdemeanor. 36-1675. Administration A. The director may adopt such rules and regulations as may be necessary and feasible to implement the purposes of this article. B. No person shall interfere, obstruct or hinder an authorized representative of the department in the performance of his duty to administer the provisions of this article or the rules and regulations adopted thereunder. C. The department, through its authorized representative, may take samples of materials for inspection and analysis, and hold for any item regulated by this article. D. The department, through its authorized representative, may remove from availability for sale any regulated item when there is reasonable cause to believe a violation of this article or the rules and regulations adopted thereunder exists. When such regulated items are removed from availability for sale, they shall be so tagged, and such tags shall not be removed except by an authorized representative of the department, or as the department may direct, after satisfactory proof of compliance with all requirements of this article and such rules and regulations and a release for sale has been issued by the department through its authorized representative. 36-1676. Injunction In addition to the remedies provided in this article, the director, with the assistance of the attorney general, may apply to the superior court for injunctive relief. 36-1681. Pool enclosures; requirements; exceptions; enforcement A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section. B. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements: 1. Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier. 2. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally. 3. Gates for the enclosure shall: (a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height. (b) Open outward from the pool. 4. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier. 5. The wall, fence or barrier shall be at least twenty inches from the water's edge. C. If a residence or living area constitutes part of the enclosure required by subsection B for a swimming pool or other contained body of water in lieu of the requirements of subsection B, there shall be one of the following: 1. Between the swimming pool or other contained body of water and the residence or living area, a minimum four foot wall, fence or barrier to the pool area which meets all of the requirements of subsection B, paragraphs 2 through 5. 2. The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American society of testing and materials emergency standards 13-89 and which does not require manual operation other than the use of the key switch. 3. All ground level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device which meets the requirements of subsection B, paragraph 3, subdivision (a). Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than fifty-four inches above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four inches, or a latching device located not less than fifty-four inches above the floor. 4. The swimming pool shall be an aboveground swimming pool which has non-climbable exterior sides which are a minimum height of four feet. Any access ladder or steps shall be removable without tools and secured in an inaccessible position with a latching device not less than fifty-four inches above the ground when the pool is not in use. D. This section does not apply to: 1. A system of sumps, irrigation canals, irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing or conveying water. 2. Stock ponds, storage tanks, livestock operations, livestock watering troughs or other structures used in normal agricultural practices. 3. Public or semi-public swimming pools. 4. A swimming pool or contained body of water or barrier constructed prior to the effective date of this article. 5. Political subdivisions which enact a swimming pool barrier ordinance before the effective date of this article. 6. Political subdivisions which adopt ordinances after the effective date of this article provided that the ordinance is equal to or more stringent than the provisions of this article. 7. A residence in which all residents are at least six years of age. E. A person on entering into an agreement to build a swimming pool or contained body of water or sell, rent or lease a dwelling with a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services. F. A person who violates this section is guilty of a petty offense except that no fine may be imposed if a sufficient showing is made that the person has subsequently equipped the swimming pool or contained body of water with a barrier pursuant to the standards adopted in subsection B within forty-five days of citation and has attended an approved swimming pool safety course. 36-1691. Definitions In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department of health services. 3. "Risk assessment" means a procedure that produces a quantitative or qualitative estimate of public health risks from an environmental exposure. 36-1692. Environmental exposure risk assessment program; fees A. The department shall establish an environmental exposure risk assessment program. The program shall: 1. Analyze public health risks associated with environmental exposures. 2. Provide for an independent evaluation and assessment of different strategies to reduce or prevent public health risks from environmental exposures. 3. Unless the director determines that the department does not have the capacity to complete required program services in a timely manner, provide state agencies, political subdivisions of this state and private entities and persons with information necessary to address public health risks from environmental exposures. The department shall establish a fee for providing environmental exposure risk assessments. B. The department shall deposit all fees collected pursuant to this section in the risk assessment fund established by section 36-1693. 36-1693. Risk assessment fund; purpose; sources A. The risk assessment fund is established. The director of the department of health services shall administer the fund. The fund consists of monies from the following sources: 1. Legislative appropriations. 2. Risk assessment fees collected pursuant to section 36-1692. 3. Gifts, grants and donations. B. Monies in the risk assessment fund shall be used for the following purposes: 1. Performing health effect studies and risk assessments. 2. Evaluating and calculating cleanup standards. 3. Assisting in communicating health and risk issues to the public. 4. Providing for the reasonable and necessary costs for administering this article, including the reasonable and necessary costs of administering the fund. C. The director of environmental quality and the director of the department of health services shall enter into an agreement for determining the assessment and evaluation services that the department of health services shall provide to the department of environmental quality and the method for determining reimbursement for those services for which the cost exceeds the amount of monies transferred pursuant to this section. The assessment and evaluation services provided by agreement with the department of environmental quality may include services not related to the water quality assurance revolving fund and may include any of the following: 1. Performing health effect studies and risk assessments. 2. Evaluating and calculating cleanup standards. 3. Assisting in communicating health and risk issues to the public. D. On July 1 in fiscal years 2000-2001, 2001-2002 and 2002-2003, the director of environmental quality shall transfer two hundred sixteen thousand dollars from the water quality assurance revolving fund established by section 49-282 to the department of health services for deposit in the risk assessment fund for purposes of the risk assessment program established pursuant to this article. E. On notice from the director of the department of health services, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that at the end of the fiscal year the director of the department of health services shall return for deposit in the water quality assurance revolving fund all unexpended and unencumbered monies from the previous fiscal year's transfer. 36-1696. Firefighting foam; prohibition; public airport exception; definitions (L26, Ch. 103, sec. 1. Eff. 1/1/29) A. Except as otherwise provided in this subsection, a person, local government or state agency may not discharge or otherwise use for any purpose class B firefighting foam that contains intentionally added PFAS chemicals unless otherwise required by federal regulation. The owner or operator of a public airport is not required to comply with this subsection until from and after December 31, 2030. B. For the purposes of this section: 1. "Class B firefighting foam" means foam designed to extinguish a fire that involves a flammable liquid. 2. "Local government" includes any county, city, town, fire district or other special district that provides firefighting services. 3. "PFAS chemicals" means perfluoroalkyl and polyfluoroalkyl substances that are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, that are designed to be fully functional in class B firefighting foam formulations and that are used as a firefighting agent. 4. "Public airport" means an airport that is owned by a political subdivision of this state or that is otherwise open to the public.