00                 SPONSOR SUBSTITUTE FOR 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 18.70.080(b) is amended to read:                                                                     
06            (b)  The commissioner of public safety may establish by regulation and the                                   
07       department may charge reasonable fees for                                                                         
08                 (1)  fire and life safety plan checks made to determine compliance with                               
09       regulations adopted under (a)(2) of this section; and                                                           
10                 (2)  inspections and testing performed to determine compliance                                        
11       with regulations adopted under (c) of this section, including inspections and                                   
12       testing of the buildings of a municipality.                                                                     
13    * Sec. 2. AS 18.70.080 is amended by adding new subsections to read:                                                 
14            (c)  In addition to the regulations adopted under (a) of this section, the                                   

01 Department of Public Safety shall adopt regulations for the fire and life safety code of                                
02 the state that require the inspection and testing of fire dampers, smoke dampers,                                       
03 combination fire and smoke dampers, and smoke control systems and that are                                              
04 consistent with the National Fire Protection Association's NFPA 80 (Standard for Fire                                   
05 Doors and Other Opening Protectives), 2022 edition, NFPA 92 (Standard for Smoke                                         
06 Control Systems), 2021 edition, and NFPA 105 (Standard for Smoke Door Assemblies                                        
07       and Other Opening Protectives), 2022 edition. The regulations must apply to                                       
08 (1)  mental institutions, penal institutions, group residential facilities,                                             
09 intermediate care facilities, nursing homes, hospitals, schools, and buildings used for                                 
10       sleeping purposes;                                                                                                
11 (2)  buildings used for the public assembly of persons for deliberation,                                                
12       education, instruction, worship, entertainment, or amusement;                                                     
13 (3)  buildings owned or occupied by the state or by a municipality or                                                   
14       other political subdivision of the state; and                                                                     
15 (4)  all other buildings in which a fire damper, smoke damper,                                                          
16       combination fire and smoke damper, or smoke control system has been installed.                                    
17            (d)  The regulations adopted under (c) of this section must require that                                     
18 (1)  the state, a municipality with a fire and life safety inspection                                                   
19 program, or a person that has a current fire and life safety certification conduct the                                  
20 inspection and testing; the certification under this paragraph must be issued through a                                 
21 program accredited by the American National Standards Institute under standard                                          
22       ISO/IEC 17024; and                                                                                                
23 (2)  the state, municipality, or other person that conducts the inspection                                              
24 or testing submit findings of noncompliance to the owner of a building that is not in                                   
25       compliance and to the state fire marshal.                                                                         
26    * Sec. 3. AS 37.05.146(c)(37) is amended to read:                                                                    
27 (37)  receipts of the Department of Public Safety from fees under                                                     
28 AS 18.70.080(b) for fire and life safety plan checks and the inspection and testing of                              
29 fire dampers, smoke dampers, combination fire and smoke dampers, and smoke                                            
30       control systems [UNDER AS 18.70.080(b)];                                                                        
31    * Sec. 4. This Act takes effect January 1, 2023.