Title 13 . Public Safety

Chapter 50 . General Provisions for 13 AAC 50 - 13 AAC 55

Section 70. Inspections, orders, and appeals

13 AAC 50.070. Inspections, orders, and appeals

(a) If an officer of the state fire marshal's office finds a building or premises in which the following dangerous conditions or materials exist, the officer shall order the conditions or materials to be remedied or removed as directed by the state fire marshal:

(1) dangerous amounts of combustible, explosive, or otherwise hazardous materials;

(2) hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, explosive, or otherwise hazardous materials;

(3) dangerous accumulations of decorations, rubbish, wastepaper, boxes, shavings, or combustible or flammable liquids or materials;

(4) accumulations of dust or waste materials in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;

(5) obstructions to or on fire escapes, stairs, passageways, doors, or windows, which will interfere with operations of the fire department or egress of occupants in case of fire or explosion;

(6) ineffective fire assembly, exit door, attic separation, area separation, fire separation, or occupancy separation;

(7) a chimney, smokestack, stove, oven, incinerator, furnace or other heating device, or electric fixture found to be defective or unsafe so as to create a fire danger;

(8) a building or structure which because of a lack of repairs, adequate exit facilities, automatic or other fire-alarm apparatus or fire-extinguishing equipment, or any other cause including age, is hazardous; or

(9) any other condition that violates this chapter, and which the state fire marshal finds is hazardous.

(b) If an order is issued to eliminate a dangerous or hazardous condition described in (a) of this section and the condition is not corrected within the time specified in the order, the state fire marshal will, in the marshal's discretion, post at the entrance to the building or premises a notice to read "DO NOT ENTER, UNSAFE TO OCCUPY. DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE PREVENTION." The notice must remain posted until the required repair, demolition or removal is completed, and may not be removed without written permission of the state fire marshal. No person may enter a posted building unless the person does so to make required repairs or to demolish or remove the hazardous condition.

(c) The service of an order for the correction of a violation of (a) of this section must be made upon the owner, occupant, or other persons responsible for the condition by

(1) delivering a copy to the person responsible for the condition or to the person in charge of the premises;

(2) affixing a copy in a conspicuous place on the door to the entrance of the premises; or

(3) mailing a copy of the report to the responsible person by certified mail at his or her last known address.

(d) If a building or other premises is owned by one person and occupied by another under lease or similar agreement, orders issued under (a) of this section apply to the occupant unless the rule or order requires additions to or changes in the premises which would become the real property of the owner of the premises. In which case, the rule or order must be sent to the owner.

(e) If an order is made by the state fire marshal or the marshal's authorized representative, the owner or occupant may, within seven days after receiving the order, file a written appeal to the state fire marshal who will, within 10 days after receiving the appeal, review the order, and issue a written decision. The appeal must be postmarked within seven days following the date of receipt of the order. The order must be complied with within the time specified in the order unless the state fire marshal revokes the order. The state fire marshal's decision on an appeal under this subsection is a final order of the Department of Public Safety for purposes of AS 18.70.100 .

(f) No person may make a false statement with the intent to mislead the state fire marshal in connection with the marshal's official duties, including in response to orders of the Department of Public Safety to alter, repair, change, or correct a violation or deficiency.

History: In effect before 7/28/59; am 6/25/69, Register 30; am 2/21/71, Register 37; am 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 8/31/96, Register 139

Authority: AS 18.70.070

AS 18.70.080

AS 18.70.090