00                            HOUSE BILL NO. 218                                                                          
01 "An Act relating to the inspection and testing of fire dampers, smoke dampers,                                          
02 combination fire and smoke dampers, and smoke control systems; and providing for an                                     
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.70.050 is amended to read:                                                                      
06 Sec. 18.70.050. Power of department to inspect buildings and other                                                  
07 structures. The Department of Public Safety may enter any building or other                                     
08 structure subject to regulation under AS 18.70.080 during reasonable hours for the                                  
09       sole purpose of inspecting the property or abating a fire hazard.                                                 
10    * Sec. 2. AS 18.70.080(b) is amended to read:                                                                      
11            (b)  The commissioner of public safety may establish by regulation and the                                   
12       department may charge reasonable fees for                                                                         
13                 (1)  fire and life safety plan checks made to determine compliance with                             
14       regulations adopted under (a)(2) of this section; and                                                         

01 (2)  inspections and testing performed to determine compliance                                                      
02 with regulations adopted under (c) of this section, including inspections and                                       
03       testing of the buildings and structures of a municipality.                                                    
04    * Sec. 3. AS 18.70.080 is amended by adding new subsections to read:                                               
05 (c)  In addition to the regulations adopted under (a) of this section, the                                              
06 Department of Public Safety shall adopt regulations for the fire and life safety code of                                
07 the state that are consistent with national fire protection standards and that require the                              
08 inspection and testing of fire dampers, smoke dampers, combination fire and smoke                                       
09 dampers, and smoke control systems. Except for single-family residences, the                                            
10       regulations must apply to                                                                                         
11 (1)  mental institutions, penal institutions, group residential facilities,                                             
12 intermediate care facilities, nursing homes, hospitals, schools, buildings that are more                                
13       than one story high, and buildings used for sleeping purposes;                                                    
14 (2)  buildings used for the public assembly of persons for deliberation,                                                
15       education, instruction, worship, entertainment, or amusement;                                                     
16 (3)  buildings owned or occupied by the state or by a municipality or                                                   
17       other political subdivision of the state; and                                                                     
18 (4)  all other buildings where large numbers of individuals work, live,                                                 
19       or congregate.                                                                                                    
20            (d)  The regulations adopted under (c) of this section must require that                                     
21 (1)  the state, a municipality with a fire and life safety inspection                                                   
22 program, or a person that has a current fire and life safety certification conduct the                                  
23 inspection and testing; the certification under this paragraph must be issued through                                   
24 the International Certification Board or from a program accredited by the American                                      
25       National Standards Institute under standard ISO/IEC 17024; and                                                    
26 (2)  the state, municipality, or other person that conducts the inspection                                              
27 or testing submit findings of noncompliance to the owner of a building or structure                                     
28       that is not in compliance and to the state fire marshal.                                                          
29    * Sec. 4. AS 37.05.146(c)(37) is amended to read:                                                                  
30 (37)  receipts of the Department of Public Safety from fees under                                                   
31 AS 18.70.080(b) for fire and life safety plan checks and the inspection and testing of                          

01       fire dampers, smoke dampers, combination fire and smoke dampers, and smoke                                    
02       control systems [UNDER AS 18.70.080(b)];                                                                      
03    * Sec. 5. This Act takes effect January 1, 2023.