A.R.S. tit. 37 ch. 9 — Arizona Revised Statutes Title 37 Chapter 9 — Arizona Department Of Forestry And Fire Management

37-1301. Arizona department of forestry and fire management; state forester; appointment; qualifications A. The Arizona department of forestry and fire management is established to provide for land management and the prevention and suppression of wildland fires on state land and on private property located outside of cities and towns. B. The governor shall appoint a state forester pursuant to section 38-211. The state forester serves at the pleasure of the governor. The state forester is responsible for the direction, operation and control of the Arizona department of forestry and fire management. C. The qualifications of the state forester shall be either of the following: 1. Graduation from a full four-year college course with a bachelor's degree, with a major in forestry, including five years of technical experience in the forestry-land management field. 2. Ten years of successful and progressive technical experience in forestry and land management activities of such a nature as to enable the applicant to perform the duties of the state forester successfully at the professional level. 37-1302. Powers and duties of state forester; rules; legislative presentation; report; acceptance of federal law A. The state forester is designated as the agent of this state and shall administer this chapter. The state forester shall: 1. Exercise and perform all powers and duties vested in or imposed on the Arizona department of forestry and fire management. 2. Adopt rules necessary to discharge the powers and duties of the Arizona department of forestry and fire management, including rules that create efficiencies, protect the public health and safety and prescribe budgetary obligations. 3. Subject to title 41, chapter 4, article 4, appoint an assistant director to the office of the state fire marshal, a state fire training officer and a state fire resource coordinator, all of whom serve at the pleasure of the state forester. 4. Subject to title 41, chapter 4, article 4, employ, determine the terms and conditions of employment of and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of the Arizona department of forestry and fire management's duties. The compensation of department employees shall be as determined pursuant to section 38-611. 5. Contract for the services of outside advisors, consultants and aides as may be reasonably necessary. 6. Perform all management and administrative functions assigned or delegated to this state by the United States relating to forestry and financial assistance and grants relating to forestry and wildfire prevention, mitigation and suppression activities. The state forester shall obtain and maintain a copy of the initial and any revised delegation of authority agreement entered into with the United States. 7. Identify sources of information relating to forest management, including wildfire prevention, mitigation, suppression and recovery and administrative and judicial appeals and litigation with respect to timber sales and forest thinning projects in this state, and develop procedures for compiling and distributing that information. 8. Take necessary action to maximize state fire assistance grants, including establishing timelines for using grant monies and reallocating lapsed grant monies to other projects. 9. Conduct education and outreach in forest communities by explaining the wildfire threat to private property caused by the lack of timber harvesting, forest thinning, land management and watershed protection and enhancement. 10. Monitor and conduct forestry projects and wildfire prevention, mitigation and suppression activities. 11. Assist in the development of the forestry products industry in this state. 12. Intervene on behalf of this state and its citizens in administrative and judicial appeals and litigation that challenge governmental efforts supported by the state forester if the state forester determines that intervention is in the best interests of this state. 13. Annually develop and implement a comprehensive statewide wildfire response plan for the deployment of state, county, municipal, fire district, volunteer fire association and private fire service provider contract resources to wildfire suppression activities. The statewide wildfire response plan shall take into account anticipated fire conditions and fire severity and may include prepositioning resources as necessary. The state forester shall consult with federal land management firefighting agencies, state and county emergency agencies, municipal fire departments, fire districts, statewide fire district and statewide fire chiefs associations, volunteer fire departments and private fire contractors in the development of the comprehensive statewide wildfire response plan, the implementation of standards for training and certification for all classes of wildland fire and hazard personnel and the implementation of standards for wildland fire apparatus and equipment that are deployed under cooperative agreements with the state forester. 14. Provide necessary oversight to ensure standardized training and certification for all classifications of firefighters to be deployed to any incident. 15. Develop recommendations for minimum standards for safeguarding life and property from wildland fires and fire hazards, preventing wildland fires and alleviating fire hazards. 16. Develop recommendations for minimum standards for the storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials in wildland-urban interface areas. 17. Consult with the department of public safety, the department of emergency and military affairs and local governments regarding the establishment of fire evacuation routes and community alert systems. 18. Make recommendations for minimum standards for the creation of defensible spaces in and around wildland-urban interface areas as authorized by existing county and municipal laws and ordinances. B. During the first regular session of each legislature, the state forester shall present information to the legislative committees with jurisdiction over forestry issues and provide a written report to each of those legislative committees, the governor and the secretary of state. The state forester shall collaborate with, and invite the participation of, relevant state, federal and local governmental officers and agencies. The presentation and written report shall include information concerning: 1. Forestry management, including the current conditions of the forests in this state on federal, state and private property as affected by federal, state and local public policies, climatic conditions, wildfire hazards, pest infestations, overgrowth and overgrowth control policies and methods and the effects of current federal policy on forest management and impacts on forest land management. 2. The wildland-urban interface, including the effects of county and municipal zoning policies and wildfire hazards on public and private property. 3. Wildfire emergency management and all hazard response issues, including: (a) Intergovernmental and interagency primacy, cooperation, coordination, roles and training of federal, state and local forestry, firefighting and law enforcement agencies. (b) Channels and methods of communicating emergency information to the public. (c) The roles of governmental and nongovernmental disaster relief agencies and organizations. (d) The level of federal, state and local emergency funding. 4. Current and ongoing wildfire mitigation and suppression activities. 5. The associated budget allocated for wildfire mitigation and suppression and the expected actual costs. C. The state forester may: 1. Furnish technical advice to the people of this state on forestry and land management matters. 2. Do all other acts necessary to take advantage of and carry out the provisions of the act of Congress described in subsection D of this section. D. This state accepts the provisions of the cooperative forestry assistance act of 1978 (P.L. 95-313; 92 Stat. 365; 16 United States Code chapter 41) providing for federal forestry assistance programs to states. 37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands; exemption A. The state forester shall have authority to prevent, manage or suppress any wildfires on state and private lands located outside incorporated municipalities and, if subject to cooperative agreements, on other lands located in this state or in other states, Mexico or Canada. If there is no cooperative agreement, the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands. B. In exercising the authority to prevent, manage or suppress wildfires, if the state forester declares a prohibition on fire-causing activities and fireworks, the state forester shall post a notice of the action on the state forester's website and provide a copy of the notice to the news media and the original declaration to the Arizona state library, archives and public records. The notice shall clearly state the types of prohibited activities, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action. C. The state forester may request the governor to declare a wildland fire emergency pursuant to section 35-192. If liabilities are authorized under both sections 35-192 and 37-1305, the authorization under section 37-1305 must be exhausted before any liabilities may be incurred under section 35-192. D. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for: 1. The prevention and suppression of wildfires. 2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states. 3. Activities pursuant to the wildfire suppression assistance act (P.L. 101-11; 103 Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada. E. The state forester may enter private lands in performing the duties under this section. F. The state forester may enter into agreements to use private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property. G. The state forester is exempt from the provisions of title 3, chapter 7 relating to protected native plants in this state for the prevention, management or suppression of wildfires. H. Within a wildfire management area, the state forester or the designated wildfire incident commander is not responsible for the safety or actions of any person or private entity contracted to provide wildfire protection services for private property. 37-1304. Forestry administrative districts; equipment and personnel A. The state forester may establish state forestry administrative districts in all eligible areas of this state. B. The state forester shall establish an equipment program in order to supply the forestry administrative districts. Equipment shall be supplied through both the federal excess property program and purchases of new equipment when warranted. C. Subject to title 41, chapter 4, article 4, the state forester may hire personnel in each such district or other most practical area based upon need and workload. D. The state forester may: 1. Hire personnel and rent equipment on a temporary basis in order to monitor and suppress wild land fires occurring on state and private lands within any of the forestry administrative districts. 2. Cooperate with other federal, state and local government agencies and any person to establish a reserve of personnel and equipment which may be utilized when needed to suppress wild land fires. 3. Adopt rules necessary to carry out the provisions of this subsection which shall be exempt from existing advertising and certification procedures. 37-1305. Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund A. On request of the state forester, the governor may authorize the state forester to incur liabilities for suppressing wildland fires and responding to other unplanned all-risk activities from unrestricted monies in the state general fund whether or not the legislature is in session. B. The state forester has the authority to prohibit the use of fireworks during times of high fire potential in the unincorporated areas of the state. C. The state forester or the state forester's designee shall review all liabilities incurred and expenditures made under this section and shall report the expenditures to the department of administration for audit according to department of administration rules. The state forester shall transmit a copy of the report to the state emergency council. D. Liabilities incurred under this section are subject to the following limitations: 1. Wildland fire suppression or other unplanned all-risk emergency liabilities shall not exceed three million dollars of state general fund monies pursuant to subsection A of this section in a fiscal year for costs associated with suppressing wildland fires, supporting other unplanned all-risk activities such as fire, flood, earthquake, wind and hazardous material responses and preparing for periods of extreme fire danger and pre-position equipment and other fire suppression resources to provide for enhanced initial attack on wildland fires. The state forester shall not incur nonreimbursable liabilities for support of nonfire all-risk activities. The governor shall determine when periods of extreme fire danger exist and must approve any expenditure for pre-positioning activities. 2. If the funding authorization in paragraph 1 of this subsection is exhausted, or if the nonreimbursable liabilities incurred exceed the cash balance of the fire suppression revolving fund, the state forester shall not incur additional liabilities without the consent of a majority of the state emergency council as authorized by section 35-192. E. The state forester shall process and pay claims for reimbursement for wildland fire suppression services, including claims for personnel hours, used supplies and reasonable and negotiated costs of damage to equipment that exceeds normal wear and tear, as follows: 1. Except as provided by paragraph 2 of this subsection, within thirty days after receiving a complete and correct claim for wildland fire suppression services, the state forester shall pay the claim from available monies that have not been committed to the payment of other wildfire expenses. 2. Within thirty days after receiving a complete and correct claim for wildland fire suppression services on federal lands, the state forester shall complete the processing of the claim and forward the claim to the appropriate federal agency. 3. For any valid claim other than for federal reimbursement, if there is insufficient funding in the fire suppression revolving fund, the holder of the unpaid claim shall be issued a certificate pursuant to section 35-189. 4. For any valid claim for federal reimbursement, the state forester shall certify the claim to the state treasurer who shall pay the claim, including claims for personnel hours, used supplies and reasonable and negotiated costs of damage to equipment that exceeds normal wear and tear, from monies appropriated from the budget stabilization fund pursuant to section 35-144, subsection A, paragraph 3. The state forester shall reimburse the state treasurer within forty-five days after payment of the claim by a federal agency and the state treasurer shall deposit those monies in the budget stabilization fund established by section 35-144. F. Monies received for suppressing wildland fires, pre-positioning equipment and firefighting resources and other unplanned all-risk activities may be used for the purposes of section 37-1303 and this section. G. The state forester shall adopt rules for administering the wildland fire suppression monies authorized under this section, subject to approval of the governor. H. The state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wildland fires, pre-suppression or unplanned all-risk activities. Reimbursement shall be based on the terms and conditions in cooperative agreements, land ownership or negligence. The state forester may require reimbursement from individuals or businesses only for costs incurred in the suppression of wildland fires or unplanned all-risk activities caused by their negligence or criminal acts. I. The fire suppression revolving fund is established consisting of civil penalties collected pursuant to section 36-1610 and monies received by the state forester for wildland fire suppression and pre-positioning equipment and resources and for payment for activities related to combating wildland fires and supporting other unplanned all-risk activities such as fire, flood, earthquake, wind and hazardous material responses. The state forester shall not incur nonreimbursable liabilities for support of nonfire all-risk activities. The state forester shall administer the fund, and all monies received for these activities shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. Monies in the fire suppression revolving fund are continuously appropriated to the state forester, except that if the unobligated balance of the fund exceeds two million dollars at the end of any calendar year, the excess shall be transferred to the state general fund. Monies in the fire suppression revolving fund are otherwise exempt from the provisions of section 35-190 relating to lapsing of appropriations. 37-1306. Cooperative forestry fund; purpose; exemption A. The cooperative forestry fund is established. The state forester shall administer the fund. B. Except as otherwise provided in this chapter, the state forester shall deposit, pursuant to sections 35-146 and 35-147, in this fund all monies appropriated to this fund and monies received from individuals, businesses, any public agency as defined in section 11-951, and any other sources. C. Appropriations, grants, gifts and contributions hazardous vegetation removal received from any public or private source must be used for hazardous vegetation removal pursuant to section 37-483. D. Monies deposited pursuant to an intergovernmental agreement or a memorandum of understanding entered into pursuant to section 37-483 must be used for the purposes outlined in the agreement or memorandum. E. Monies in the fund are continuously appropriated for the purpose of conducting the activities of the state forester. F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 37-1307. State fire safety committee; members; terms; powers and duties; compensation; fire watch requirements A. The state fire safety committee is established consisting of nine members who are appointed for three-year terms by the governor pursuant to section 38-211. The governor may remove any member from the committee for incompetency, improper conduct, disability or neglect of duty. Membership on the committee is as follows: 1. Two members, not from the same municipality, each of whom is a fire chief or fire marshal of a paid municipal fire department of a city with a population of one hundred thousand persons or more. 2. One member who is a fire chief of a paid municipal fire department of a town with a population of less than one hundred thousand persons. 3. One member who is a fire chief in a fire district of an unincorporated area in a county with a population of less than five hundred thousand persons. 4. One member who is a member of the Arizona fire chiefs association. 5. One member who is a registered architect. 6. One member who is a chief building official of a city, town or county. 7. One member who is a member of the public. 8. One member who is a member of the public and who is engaged in the business of distributing, selling or providing liquefied petroleum gas to consumers. B. The state fire safety committee shall annually select from its membership a chairperson for the committee. The committee shall meet on the call of the chairperson or on the request of at least five members. C. The state fire safety committee shall advise the office of the state fire marshal on all of the following: 1. The adoption of a state fire code. 2. The adoption of a fee schedule for permits, plan submissions, plan reviews and reinspections. 3. The allocation of monies from the arson detection reward fund established by section 37-1387. D. Members of the committee are not eligible to receive compensation for service on the committee but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. E. If the state fire safety committee requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty shall be to perform constant patrols of the protected premises while keeping watch for fires. The local jurisdiction shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent. 37-1308. Fire detection, prevention and suppression training for ranchers and landowners; immunity A. To ensure that ranchers and landowners in this state are adequately equipped to protect their own property and neighboring property from forest and range fires, the Arizona department of forestry and fire management shall develop a program to train individual or groups of ranchers and landowners to detect, prevent and suppress forest and range fires within this state. B. This state is not liable for any claim based on a rancher's or landowner's exercise or performance of, or failure to exercise or perform, any fire detection, prevention or suppression activity that the landowner or rancher was trained to exercise or perform under subsection A of this section. 37-1309. Nonnative vegetation species eradication fund; department duties; grants; annual report A. The nonnative vegetation species eradication fund is established consisting of legislative appropriations for specific nonnative vegetation invasive species eradication projects. Monies in the fund are continuously appropriated to the Arizona department of forestry and fire management for the purposes of this section and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the state forester, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. B. The Arizona department of forestry and fire management shall: 1. Coordinate with the Arizona state land department on projects conducted on state trust land pursuant to this section. 2. Coordinate with the Arizona game and fish department on projects conducted pursuant to this section. 3. Monitor and oversee specific projects for which the legislature appropriates monies to the nonnative vegetation species eradication fund. 4. Provide grants to other state agencies, cities, towns, counties, Indian tribes and other political subdivisions of this state and to nonprofit organizations for nonnative vegetation invasive species eradication projects that will assist in preventing fire and flooding, conserving water, replacing nonnative vegetative species with native vegetative species and restoring habitat to wildlife. A grant recipient shall follow state and federal laws to preserve endangered species when implementing the nonnative vegetation invasive species eradication project. 5. Establish application procedures and qualification criteria for the grants. Grants awarded pursuant to this section shall be awarded in accordance with title 41, chapter 24. C. On or before September 1 of each year, the Arizona department of forestry and fire management shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting the total expenditures from the previous year for grants for nonnative vegetation species eradication projects. The report shall indicate each project's expenditures, the benefits of each project to the treated land, the status of each project and the projected timeline for completion of each project. 37-1310. Emergency medical services on federal lands; payment; requirements; definition A. Subject to legislative appropriation, the state forester shall process and pay to a fire district with a population of less than five thousand inhabitants claims for expenses incurred in responding to emergency medical services calls on federal lands as follows: 1. The fire district shall submit an itemized claim for payment within ninety days after the emergency medical services response. 2. Within thirty days after receiving a complete and correct claim for payment, the state forester shall complete the processing of the claim and pay the fire district. B. For the purposes of this section, "expenses": 1. Includes personnel costs for personnel that directly respond to an emergency medical services call, fuel costs, costs for medical supplies and other costs the state forester determines are related to the response. 2. Does not include emergency medical services regulated pursuant to title 36, chapter 21.1. 37-1311. Wildfire mitigation plan; hearing; rules; fees; definitions A. The state forester shall review and approve a submitted wildfire mitigation plan if the state forester finds that the wildfire mitigation plan: 1. Complies with title 30, chapter 7, article 1 or title 40, chapter 8, article 1 and any other applicable rules. 2. Is reasonable considering the public power entity's or electric utility's size and resources. 3. Is in the public interest. 4. Meets the requirements of subsection H of this section. 5. Is designed to meet the specific conditions and risk of the public power entity's or electric utility's service area in which the public power entity or the electric utility operates. B. The state forester shall provide public notice and an opportunity for public comment on a submitted wildfire mitigation plan. The state forester shall publish the notice on the Arizona department of forestry and fire management's website and in the Arizona administrative register. C. Within fourteen days after receiving a submitted wildfire mitigation plan, the state forester shall: 1. Identify the counties and cities and towns that are located within the geographic region as described in the public power entity's or electric utility's wildfire mitigation plan. 2. Establish the time period and instructions for the affected counties and cities and towns to provide public comment. 3. Provide the information prescribed in paragraphs 1 and 2 of this subsection to the public power entity or electric utility. D. Within ten days after receipt of the information prescribed in subsection C of this section, the public power entity or electric utility shall provide written notice to the identified counties and cities and towns of the opportunity to provide comment on the wildfire mitigation plan. E. Within forty-five days after receipt of any wildfire mitigation plan, the state forester shall hold a public meeting to solicit comments on any proposed wildfire mitigation plan. The state forester shall provide for remote attendance at the public meeting using telephonic or video conferencing. F. The state forester may request additional information or request modification to the submitted wildfire mitigation plan within one hundred twenty days after the initial receipt of the wildfire mitigation plan by providing written notice to the public power entity or electric utility. If the state forester does not request additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved after the one hundred twenty-day review period. G. Within ninety days after receipt of the notice prescribed in subsection F of this section, the public power entity or electric utility shall respond to the state forester's request for information and, if necessary, may revise the wildfire mitigation plan. The state forester shall have sixty days after receipt of the responses or a revised wildfire mitigation plan, whichever is later, to consider the approval or denial of the wildfire mitigation plan. If the state forester does not request further additional information or a modification to the wildfire mitigation plan, the wildfire mitigation plan is deemed administratively approved at the expiration of sixty days. The wildfire mitigation plan is deemed approved during the pendency of any judicial action pursuant to title 12, chapter 7, article 6 that seeks review of the state forester's approval or denial of the wildfire mitigation plan or any portion of the wildfire mitigation plan. H. The wildfire mitigation plan shall do the following: 1. Identify Preventive actions, protective equipment and monitoring programs that the public power entity or electric utility will carry out, install, repair, replace or implement to minimize the risk of a wildfire. 2. Include: (a) A description of areas within the geographic region where the public power entity's or electric utility's facilities may be subject to a heightened risk of wildfire. (b) A description of the procedures, standards and time frames that the public power entity or electric utility will use to inspect and operate the public power entity's or electric utility's infrastructure to mitigate the risk of wildfires. (c) A description of the key individuals or position titles of those persons who are responsible for implementing the wildfire mitigation plan. (d) A description of the procedures for deenergizing power lines and disabling reclosers to mitigate potential wildfires or provide a public safety power shutoff plan. (e) A description of the procedures, standards and time frames that the public power entity or electric utility will use to carry out vegetation management. (f) A summary of the procedures the public power entity or electric utility intends to use to restore the public power entity's or electric utility's electrical system in the event of a wildfire. (g) A description of community outreach and public awareness efforts. (h) A description of potential participation, if applicable, with state or local wildfire protection efforts. (i) A description of how the public power entity or electric utility will monitor compliance with the wildfire mitigation plan. I. A public power entity or electric utility may reference procedures and standards that are not specifically enumerated in the wildfire mitigation plan in lieu of the requirements prescribed in subsection H of this section. Referenced material shall be included as attachments to the wildfire mitigation plan submission. J. During the pendency of any review and approval process by the state forester prescribed in this section, any wildfire mitigation plan previously approved by the state forester shall remain approved and in effect. K. The state forester may adopt rules to implement this section. L. Any action by the state forester pursuant to this section and any comments on the wildfire mitigation plan provided by any county, city, town or other governmental entity pursuant to this section are the exercise of an administrative function involving the determination of fundamental governmental policy as prescribed in section 12-820.01. M. The state forester may charge reasonable fees to public power entities and electric utilities for the review and approval of wildfire mitigation plans as prescribed in this section. In establishing the fees, the state forester may consider factors such as the time and materials necessary to review the wildfire mitigation plans with consideration given to the relative size, resources and service territory complexity of the public power entity or electric utility submitting a wildfire mitigation plan. The state forester shall deposit fees collected pursuant to this subsection in the cooperative forestry fund established by section 37-1306. N. For the purposes of this section: 1. "Electric utility" has the same meaning prescribed in sections 30-901 and 40-1301. 2. "Public power entity" has the same meaning prescribed in sections 30-901 and 40-1301. 3. "Public safety power shutoff" means the intentional temporary shutoff of power during certain weather or environmental conditions to reduce the risk of wildfire. 4. "Wildfire" has the same meaning prescribed in sections 30-901 and 40-1301. 5. "Wildfire mitigation plan" has the same meaning prescribed in section 30-901 or 40-1301. 37-1361. Enactment of compact The compact for interstate cooperation on forests is enacted into law as follows: Compact for interstate cooperation on forests I. If federal law permits the forestry agency of two or more party states to assume any delegated agency role in performing any forestry management function on federal lands in that state, those party state agencies may, under concurrent jurisdiction, coordinate and unify the management of the forests that traverse the common boundary between those states including: (A) Performing all management and administrative functions assigned or delegated by the United States relating to forestry. (B) Compiling and sharing data and other information, documents and electronic files among the party states and the United States forest service. (C) Projects for recovery, rehabilitation, maintenance and improvement of forests, watersheds and rangelands damaged by wildfire, drought, disease, pest infestation, depredation and other natural and human causes. (D) Wildfire prevention and suppression activities. II. This compact does not authorize: (A) Any conduct that is illegal in any party state. (B) The prosecution of any person for conduct that is lawful in the state where it was committed. III. This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by at least two states that form a common boundary. 37-1371. Enactment of compact; authority to join The governor may enter into a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows: Article I The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by maintaining adequate forest firefighting services by the member states and by providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado and any adjoining state of a current member state. Article II This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it. Article III In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state, consult with like officials of the other member states and implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put into effect a forest fire plan for that state. Article IV If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with maintaining protection at home. Article V If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid. A member state and its officers and employees rendering outside aid pursuant to this compact are not liable on account of any act or omission on the part of such forces while so engaged or on account of maintaining or using any equipment or supplies in connection with rendering the outside aid. All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state, under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state. Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of, any equipment used in answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of employees and equipment incurred in connection with the request. This compact does not prevent any assisting member state from assuming the loss, damage, expense or other cost from loaning the equipment or from donating the services to the receiving member state without charge or cost. Each member state shall ensure that workers' compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact. For the purposes of this compact, "employee" includes any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws of the aiding state. The compact administrators may formulate procedures for claims and reimbursement under this article in accordance with the laws of the member states. Article VI Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest firefighting forces, equipment, services or facilities of any member state. This compact does not authorize or permit any member state to curtail or diminish its forest firefighting forces, equipment, services or facilities. Each member state shall maintain adequate forest firefighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative. This compact does not limit or restrict the powers of any state ratifying the compact to provide for the prevention, control and extinguishment of forest fires or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in the prevention, control and extinguishment in the state. This compact does not affect any existing or future cooperative relationship or arrangement between the United States forest service and a member state or states. Article VII Representatives of the United States forest service may attend meetings of the compact administrators. Article VIII The provisions of articles IV and V of this compact that relate to reciprocal aid in combating, controlling or preventing forest fires are operative as between any state party to this compact and any other state that is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the legislature of the other state has given its assent to the mutual aid provisions of this compact. Article IX This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact. 37-1381. Office of the state fire marshal; purpose; assistant director; qualifications To promote public health and safety and to reduce hazards to life, limb and property, the office of the state fire marshal is established within the Arizona department of forestry and fire management. The office shall perform its duties by performing inspections and fire investigations, by providing public education and by adopting fire protection codes. The person appointed as assistant director of the office of the state fire marshal shall have extensive experience in the field of fire prevention and fire protection, including administrative experience in such a capacity. 37-1382. Deputy fire marshals and assistants; appointment; duties; recovery of costs A. With the approval of the state forester, the assistant director of the office of the state fire marshal may: 1. Hire deputy fire marshals who shall have knowledge in the field of fire safety and hire such other assistants and employees as are necessary to properly discharge the duties imposed on the office of the state fire marshal pursuant to this article. 2. Appoint as assistant fire inspectors any of the fire chiefs of a city, town, county, volunteer fire company or protective district or an employee of a private fire service provider who meets the requirements of this section to act within their area of jurisdiction or area of service or on the recommendation of the fire chief appoint other assistant fire inspectors if needed to function within the jurisdiction. 3. Appoint other assistant fire inspectors who meet the requirements of this section as are necessary in areas that are not under the jurisdiction of a fire chief designated in paragraph 2 of this subsection and who may be employees of this state, the federal government or a private fire service provider. B. Assistant fire inspectors appointed pursuant to subsection A of this section shall carry out their duties only within the geographic areas assigned by the assistant director of the office of the state fire marshal. When designating assistant fire inspectors and when assigning geographic areas, the assistant director of the office of the state fire marshal shall give a preference to assigning assistant fire inspectors to the service area covered by the municipal or private fire service provider where the assistant fire inspector is employed. C. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 of this section are not entitled to receive additional compensation for performing duties under this article, except that an employee of a public or private fire service provider who acts as an assistant fire inspector may charge fees to recover costs incurred in conducting inspections or for the review of plans and inspections of property. Assistant fire inspectors appointed under subsection A, paragraph 2 or 3 of this section or fire inspectors appointed pursuant to subsection E of this section shall have attended fire inspector training by an entity that meets nationally recognized standards and is approved by the office of the state fire marshal. D. An assistant fire inspector who is appointed pursuant to subsection A of this section may inspect property, issue notices of violation and enforce the jurisdiction's fire code. An assistant fire inspector who is appointed pursuant to subsection A of this section shall report all actions taken to the assistant director of the office of the state fire marshal in a manner prescribed by the assistant director. E. A city, town or county may appoint a fire inspector from one or more public or private fire service providers that service areas in the city, town or county to inspect property. City, town or county fire inspectors may issue notices of violation and enforce the fire code on behalf of the city, town or county within the respective service area of the public or private fire service provider. A fire inspector shall report all actions taken to the city, town or county manager. A fire inspector who is appointed pursuant to this subsection is not entitled to receive additional compensation for performing duties on behalf of the city, town or county, but may charge fees to recover the costs for review of plans and the inspection of public or private premises. F. The assistant director of the office of the state fire marshal, deputy fire marshals, assistant fire inspectors or a fire inspector who is appointed pursuant to this section may inspect buildings and premises in response to an emergency call or at the request of the occupant of the public or private property. G. The amount of the fees charged by a fire inspector or an assistant fire inspector shall be available at the office of the state fire marshal or the city, town or county where the property is located. 37-1383. Powers and duties; construction plans and specifications; permit applications; arson investigators A. Under the authority and direction of the state forester, the assistant director of the office of the state fire marshal or a deputy fire marshal or an assistant fire inspector who is acting at the direction of the assistant director of the office of the state fire marshal shall: 1. Assist in the enforcement of state laws and ordinances of cities and counties relating to fire prevention and fire protection. 2. Adopt by rule a state fire code establishing minimum standards for: (a) Safeguarding life and property from fire and fire hazards. (b) The prevention of fires and alleviation of fire hazards. (c) The storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids, explosives and radioactive materials. (d) The installation, maintenance and use of fire escapes, fire protection equipment, fire alarm systems, smoke detectors and fire extinguishing equipment. (e) The means and adequacy of fire protection and exit in case of fire in places in which numbers of persons work, live or congregate, excluding family dwellings that have fewer than five residential dwelling units. (f) Other matters relating to fire prevention and control that are considered necessary by the office of the state fire marshal. 3. Adopt rules and a schedule of fees for permits, plan submissions, plan reviews and reinspections that are payable by persons regulated under this article. 4. Adopt rules for the allocation of monies from the arson detection reward fund established by section 37-1387. The rules shall be consistent with the purposes set forth in section 37-1387 and shall promote the effective and efficient use of the fund monies. 5. Enforce compliance with the fire code adopted pursuant to this subsection throughout this state except in any city with a population of one hundred thousand persons or more that has in effect a nationally recognized fire code, whether modified or unmodified, and that has enacted an ordinance to assume such jurisdiction from the office of the state fire marshal. Such cities do not have authority that supersedes and are not exempt from the state fire code adopted pursuant to paragraph 2 of this subsection in state or county owned buildings wherever located throughout this state. 6. Cooperate and coordinate with other state agencies in the administration of the state fire code. 7. Establish a regularly scheduled fire safety inspection program for all state and county owned public buildings and all public and private school buildings wherever located throughout this state, except for private school buildings in cities with a population of one hundred thousand or more persons. 8. Inspect as necessary all other occupancies located throughout this state, except family dwellings having fewer than five residential dwelling units and occupancies located in cities with a population of one hundred thousand or more persons. 9. At the written request of county or municipal authorities, make and provide to them a written report of the examination made by the office of the state fire marshal of any fire within their jurisdiction. 10. Administer the arson detection reward fund established by section 37-1387. B. Except as provided in subsection G of this section, all plans and specifications for new construction, remodeling, alterations and additions for state, county and public school buildings and grounds shall be submitted to the state forester for review and approval by the assistant director of the office of the state fire marshal or as authorized to a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal before construction. The state forester shall adopt rules to implement a one-phase and a two-phase construction, remodeling, alteration or addition permit. A person may choose to submit either a one-phase or a two-phase permit application. C. For a one-phase permit application, within sixty days after receiving a valid permit application, the state forester shall make a final determination to approve or deny the permit application. Construction may not commence until the plans have been approved and a permit has been issued or unless the state forester has not taken action on a permit application within sixty days after receiving a valid application. D. For a two-phase application, within thirty days after receiving a valid permit application, the state forester shall review the plans and specifications and make an initial determination to approve or deny the permit. Within sixty days after a valid submission, the state forester shall make a final determination to approve or deny the permit application. Construction shall not commence beyond the constraints of phase one until the plans have been approved and a permit has been issued or unless the state forester has not taken action on phase two of a permit application within sixty days after receiving a valid application. E. Under the authority and direction of the state forester, the assistant director of the office of state fire marshal or a deputy fire marshal or an assistant fire inspector acting at the direction of the assistant director of the office of the state fire marshal may: 1. Conduct or participate in investigations of causes, origins and circumstances of fires, including cases of possible arson. 2. Prescribe a uniform system of reporting fires and their causes and effects. 3. Provide and coordinate training in firefighting and fire prevention and cooperate with educational institutions to provide and further such training. 4. Impound necessary evidence in conjunction with investigations of causes, origins and circumstances of fires if that evidence might be lost, destroyed or otherwise altered if not impounded. 5. Employ specialized testing services to evaluate evidence and conditions involved in fire investigations. 6. Designate certain members of the office of the state fire marshal's staff or a deputy fire marshal or an assistant fire inspector as arson investigators. F. The primary duty of investigators designated pursuant to subsection E, paragraph 6 of this section is the investigation, detection and apprehension of persons who have violated or are suspected of violating any provision of title 13, chapter 17. A person designated as an arson investigator, while engaged in arson investigation in this state, possesses and may exercise law enforcement powers of peace officers of this state. This subsection does not grant any powers of peace officers of this state to arson investigators other than those necessary for the investigation, detection and apprehension authority granted by this subsection. Any individual designated as an arson investigator shall have law enforcement training under section 41-1822. G. A city or town may allow all plans and specifications for new construction, remodeling, alterations and additions for municipal or private buildings and grounds to be submitted to the city or town for review and approval by a person designated by the city or town as knowledgeable of the state fire code. If the city or town adopts a process to approve construction permits pursuant to this subsection, the plans and specifications shall be reviewed and approved or disapproved within sixty days after submission. Construction shall not commence until the plans and specifications have been approved and a permit has been issued. 37-1384. Inspection; consent; search warrant A. The assistant director of the office of the state fire marshal, a deputy fire marshal or an assistant fire inspector may investigate fire damage and shall carry out periodic inspection programs of buildings and premises to examine or inspect for fire hazards. B. In carrying out such inspections or investigations, the assistant director of the office of the state fire marshal, a deputy fire marshal or an assistant fire inspector shall identify himself to the owner or tenant of the building or premises and seek the consent of the owner or tenant to carry out such an inspection. If consent is refused, or if it is not possible to reasonably obtain consent, the assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector shall obtain a search warrant for the building or property in compliance with title 13, chapter 38, article 8. C. If the assistant director of the office of the state fire marshal is assisting a local fire department in an investigation of fire damage, the authority of the local fire department to investigate the fire damage shall be deemed to include the assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector. 37-1385. School protection; definition A. The assistant director of the office of the state fire marshal, deputy fire marshal or an assistant fire inspector shall enforce rules and regulations for establishing programs for evacuating school buildings and for instructing all students in public and private schools as to proper methods of fire prevention and control and of the importance thereof. Such rules, regulations and programs shall be transmitted to the department of education for distribution to those schools. B. For the purposes of this article, "school" means an educational institution of any description, public or private, wherever situated in this state. 37-1386. Construction of article; hazardous materials; electronic filing A. This article does not prohibit cities subject to this article, towns or volunteer fire districts from enacting ordinances, resolutions, rules or regulations with regard to fire protection or prevention pursuant to other provisions of law or charter, provided such ordinances, resolutions, rules or regulations are equal to or exceed minimum standards imposed pursuant to this article. B. A facility that is located in a city or town with a population of seventy-five thousand persons or more, in conjunction with the local fire department or fire district, may deliver hazardous materials management plans and hazardous materials inventory statements electronically. C. Nothing in this section prohibits a local fire department or fire district from requiring electronic filing of hazardous materials management plans and hazardous materials inventory statements. 37-1387. Arson detection reward fund; administration; purpose; receipts and disbursements A. The arson detection reward fund is established and shall be administered within the guidelines of this section and rules of the office of state fire marshal. B. The advisory committee on arson prevention established by the office of the state fire marshal shall provide rewards of not to exceed ten thousand dollars for information concerning a violation of any provision of title 13, chapter 17 relating to arson. The reward amounts shall be based on the value of the information, the availability of information from other sources and other factors deemed relevant by the committee. C. The advisory committee is subject to title 38, chapter 3, article 3.1 and title 39, chapter 1, article 2, except that the advisory committee shall not disclose records that: 1. Reveal the identity of a confidential informant. 2. Endanger the life or physical safety of any person. 3. Jeopardize any ongoing criminal investigation. D. Payment of rewards shall be from available funds consisting of: 1. Fines imposed by a court for an offense set forth in title 13, chapter 17. Notwithstanding section 13-811, the municipal, justice or superior court imposing and collecting such fine shall transfer the monies to the appropriate county treasurer who shall transfer the amount to the state treasurer for deposit in the arson detection reward fund. 2. Monies from forfeiture of bail posted in connection with an offense set forth in title 13, chapter 17. All amounts recovered by the prosecutor on an appropriate order of judgment forfeiting all or part of the amount of the bond shall be transferred to the appropriate county treasurer who shall transfer the amount to the state treasurer for deposit in the arson detection reward fund. 3. Monies received from donations to the fund. 4. Monies appropriated by the legislature for the purposes of this section. E. Monies may be expended only for payment of rewards and promotion of public awareness of the arson detection reward fund. F. Balances in the fund remaining at the end of the fiscal year are exempt from section 35-190, relating to lapsing of appropriations. 37-1388. Fire protection systems; definitions A. All backflow prevention equipment installed on class 1 and class 2 fire protection systems shall comply with state fire code standards. B. Check valve assemblies installed on class 1 or class 2 fire protection systems as backflow protection equipment pursuant to this section shall be inspected and maintained in accordance with the state fire code. Inspections of check valve assemblies installed on class 1 or class 2 fire protection systems shall be performed on an annual basis with records of the inspections provided to the local fire department and drinking water provider. C. Any malfunction or abnormality with a check valve assembly installed on class 1 or class 2 fire protection systems shall be reported within twenty-four hours to the local fire department and drinking water provider. D. A fire code authority may establish guidelines for the installation of backflow prevention equipment on a class 1 or class 2 fire protection system that exceeds the minimum standards established by the state fire code if the backflow prevention equipment is approved for use on class 1 or class 2 fire protection systems pursuant to the state fire code. E. A fire code