The State Building Code and International Fire Code. The State Building Code (SBC) consists of the State Energy Code, various model codes adopted by reference, and any changes that the State Building Code Council has made to the model codes. Local governments may adopt amendments to the SBC, though the amendments may not lower the minimum performance standards of the SBC. 

One of the model codes incorporated into the SBC is the International Fire Code (IFC). The IFC contains regulations related to safeguarding life and property from fire and explosion. Counties, through county fire marshals, generally administer and enforce the IFC in the unincorporated areas of the county. There are two exceptions from this general rule: 

• any political subdivision or municipal corporation that provides fire protection for its own airport may decide to also administer and enforce the IFC at the airport; and 

• a fire protection district or city may enter into an agreement with the county to assume any or all of the responsibility for administering the IFC in the unincorporated areas of the county. 

Counties are authorized to impose fees to pay for the cost of inspections, administration, and enforcement of the IFC. 

Fire Protection Districts and Regional Fire Protection Service Authorities. Fire protection districts are political subdivisions and municipal corporations that provide fire prevention, suppression, and emergency medical services within the bounds of the district. Outside of fire protection districts formed within a single city or town, the formation of a fire protection district is initiated by a petition to the county legislative authority from voters within the proposed district. If the county legislative authority approves the petition, it goes before voters at the next general election. If approved by voters, the district is formed. A fire protection district can annex new territory, including cities and towns, either through petition or election in the territory to be annexed. 

A city or town may also form a fire protection district if the legislative authority of the city or town adopts a resolution to establish the fire protection district within the city or town and voters approve the creation of the district at the next general election. 

Multiple fire protection districts may join together to create and jointly operate a regional fire protection service authority (authority). Voters within the area that the authority will serve must approve a service plan for the area proposed by the authority in order for the authority to be created. 

Fire protection districts and authorities are authorized to levy property taxes on properties within their boundaries. Generally, the levy rate cannot exceed $1.50 per $1,000 of assessed value, though levies exceeding this limit can be authorized by voters. As an alternative to imposing $0.50 of the property tax levy rate, a fire protection district or authority can instead, with voter approval, implement a benefit charge on properties within the district. Benefit charges are charged at different rates for different properties, with the rate proportional to the benefits to the property provided by the fire protection district or authority. 

A fire protection district or authority with more than $10 million in annual revenue for the preceding three years, or an authority that is being formed by districts with combined revenues of more than $10 million for the preceding three years, may assume responsibility for the administration and enforcement of the IFC, including: 

• conducting investigations to determine fire cause and origin; 

• planning review; and 

• performing building inspections, within the fire protection district or authority's jurisdiction. 

The fire protection district or authority must give the county at least six months' notice before assuming this responsibility. The fire protection district or authority must offer an equivalent position to all workers displaced from the county fire marshal's office because of the fire protection district or authority's assumption of authority. 

A fire protection district or authority that has assumed authority for administering and enforcing the IFC within its jurisdiction may impose fees to pay for the cost of inspections of such administration and enforcement. 

PRO: This bill will increase resources available for fire protection services and keep both builders and residents safe while lowering local costs. This bill will allow regional fire authorities to administer and enforce the International Fire Code solely within its boundaries. With the building permit process, it is important to maintain consistency throughout the regional fire authority jurisdiction/boundaries to provide greater safety for property owners, businesses, residents, and first responders. There is a discrepancy between how codes are interpreted between different jurisdictions and that can slow down response times, endanger first responders, and lead to unnecessary destruction. This bill will allow fire authorities and districts to have things standardized within the authority's jurisdiction.  

CON: The International Fire Code should be applied consistently throughout the unincorporated area of a county rather than having a patchwork of local codes across different fire districts. This bill would add another layer of bureaucracy and has the potential to create additional cost and time in the permitting process. State law already allows for a fire protection district to assume all or part of administering or enforcing the fire code in another jurisdiction through the Interlocal Cooperation Act. This bill ignores the Interlocal Cooperation Act and has the potential to cause serious problems by giving an entity unilateral authority over another agency.

PRO: Senator John Lovick, Prime Sponsor; David Foster, South County Fire; Bob Chief Eastman, South County Fire; Dave Chief Sherman, South County Fire.