Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.70.060 Removal of property from fire.
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During a fire and in the absence of the owner or claimant, the Department of Public Safety may protect personal property affected by removing it. If the owner or claimant does not take charge of the property within 24 hours the Department of Public Safety may store it at the owne…
AS 18.70.070 Abatement of fire hazards.
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The Department of Public Safety may require the owner of a commercial business or public property to abate a fire hazard that exists in violation of law or regulations, and the Department of Public Safety may take appropriate action to assure abatement.
AS 18.70.075 Authority of fire department officers; penalty.
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(a) A fire officer of a municipal fire department or a fire department registered with the state fire marshal, while providing fire protection or other emergency services, has the authority to (1) control and direct activities at the scene of a fire or emergency; (2) order a pers…
AS 18.70.080 Regulations.
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(a) The Department of Public Safety shall adopt regulations for the purpose of protecting life and property from fire and explosion by establishing minimum standards for (1) fire detection and suppression equipment; (2) fire and life safety criteria in commercial, industrial, bus…
AS 18.70.081 Approval of fire protection systems.
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Before October 30 of each year, the Department of Public Safety shall prepare and make available a list of approved fire protection systems to the Department of Commerce, Community, and Economic Development and the public.
AS 18.70.082 Remote housing facilities.
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Any construction camp, logging camp, cannery, or oil or mining camp that has buildings not in a fire department service area in which persons are housed in dormitories or similar facilities shall be equipped with an automatic fire detection system in that portion of the building …
AS 18.70.084 Standard fire hose and hydrant threads required.
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All fire protection equipment to be purchased by state and municipal authorities, or any other authority having charge of public property, shall be equipped with national standard fire hose threads for fire hose couplings and hydrant fittings as adopted by the state fire marshal …
AS 18.70.085 Sale of nonstandard equipment.
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A person may not sell or offer for sale in this state any fire engine, fire hose, hydrant, or other equipment for fire protection purposes unless the equipment is fitted and equipped according to minimum standards adopted by the state fire marshal under AS 18.70.080. Fire equipme…
AS 18.70.090 Enforcement authority.
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The Department of Public Safety and the chief of each fire department recognized under regulations adopted by the Department of Public Safety, and their authorized representatives in their respective areas, may enforce the regulations adopted by the Department of Public Safety fo…
AS 18.70.095 Smoke and carbon monoxide detection devices.
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(a) Smoke detection devices shall be installed and maintained in all dwelling units in the state, and carbon monoxide detection devices shall be installed and maintained in all qualifying dwelling units in the state. The smoke detection devices must be of a type and shall be inst…
AS 18.70.100 Criminal penalty; appeal of administrative orders.
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(a) Except as provided in (c) of this section, a person who violates a provision of AS 18.70.010 — 18.70.100 or a regulation adopted under those sections, or who fails to comply with an order issued under AS 18.70.010 — 18.70.100, is guilty of a class B misdemeanor. When not othe…
AS 18.70.110 Secs. 18.70.110 — 18.70.140. Fire Escapes. [Repealed, § 2 ch 23 SLA 1971.]
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Article 2. Mutual Fire Aid Agreements.
AS 18.70.150 Adoption of mutual fire aid agreements.
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A city, other incorporated entity, and other fire protection groups may organize a mutual-aid program by adopting an ordinance or resolution authorizing and permitting their fire department, fire company, emergency relief squad, fire police squad, or fire patrol to go to the aid …
AS 18.70.160 Agreement not to affect insurance rates or liability.
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An agreement made under AS 18.70.150 and this section shall be carried out in a manner that does not raise insurance rates. An agreement may not reduce the liability of an insurance company in case of loss during the absence of fire services personnel and equipment.
AS 18.70.300 [Renumbered as AS 18.70.900.]
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Article 3. Alaska Fire Standards Council.
AS 18.70.310 Hazardous chemicals, materials, and wastes placards. [Repealed, § 15 ch 71 SLA 1997.]
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[Repealed or reserved.]
AS 18.70.320 Policy.
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It is the policy of the state to protect its residents and their property from the ravages of fire. The state recognizes the need for the state to participate in providing an educational and training system that meets the needs of all communities and all fire services personnel. …
AS 18.70.330 Creation.
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(a) There is created in the Department of Public Safety the Alaska Fire Standards Council. (b) The council consists of the following persons: (1) Two chief administrative officers or fire chiefs; only one person appointed under this paragraph may be from a fire department that co…
AS 18.70.340 Appointment; meetings; expenses.
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(a) The state fire marshal or a designee shall serve on the council during each state fire marshal's continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the me…
AS 18.70.350 Powers.
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The council may (1) adopt regulations for the administration of AS 18.70.320 — 18.70.369, including regulations (A) establishing minimum training and performance standards for certification of fire services personnel that are consistent with the standards of the National Fire Pro…
AS 18.70.355 Certification optional.
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Nothing in AS 18.70.320 — 18.70.369 may be construed to prohibit a person from performing fire services without a certificate issued by the council. However, an entity for whom a person performs fire services as an employee or volunteer may require that the person be certified by…
AS 18.70.360 Alaska fire services personnel fund.
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The Alaska fire services personnel fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The council may use the money in the fund to carry out its powers and duties.
AS 18.70.369 Definitions.
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Article 4. General Provisions. In AS 18.70.320 — 18.70.369, (1) “council” means the Alaska Fire Standards Council established under AS 18.70.330; (2) “fire services” means fire prevention services, fire suppression services, fire suppression support services, or training or educa…
AS 18.70.900 Definition of building.
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In this chapter, “building” means a structure, installation, facility, or edifice erected or in the process of being erected and that is used or intended for use as a commercial, industrial, business, institutional, other public building, or residential building containing four o…
AS 18.72.010 Regulation of sale of dangerous fireworks.
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[Repealed or reserved.]
AS 18.72.011 Regulation of fireworks.
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(a) The Department of Public Safety shall adopt regulations for the purpose of protecting life and property from fire and explosion by establishing minimum standards for fireworks, including sale, storage, distribution, and use. The Department of Public Safety shall designate by …
AS 18.72.020 Regulation of sale of consumer fireworks.
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(a) A person who holds a permit under this section may sell consumer fireworks in the state. A person may apply for a permit by completing a form provided by the state fire marshal. The state fire marshal shall issue a permit to a person if (1) the person submits to the state fir…
AS 18.72.030 Fireworks wholesaler's license.
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(a) A person who holds a license under this section may sell consumer fireworks or display fireworks at wholesale. A person may apply to the state fire marshal for a license to sell consumer fireworks or display fireworks at wholesale in the state on forms provided by the state f…
AS 18.72.035 Pyrotechnic licenses and permits.
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(a) A person may purchase or possess display fireworks in the state if the person holds a pyrotechnic license from the state fire marshal. A person may apply for a license under this section on a form provided by the state fire marshal. The state fire marshal shall issue a pyrote…
AS 18.72.040 Criminal penalty.
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A person who recklessly fails to comply with a provision of this chapter or fireworks regulations adopted under this chapter is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, “recklessly” has the meaning given in AS 11.…
AS 18.72.050 [Renumbered as AS 18.72.100.]
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[Repealed or reserved.]
AS 18.72.060 Municipal regulation of fireworks.
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This chapter and fireworks regulations adopted under this chapter supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the aut…
AS 18.72.100 Definitions.
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[Repealed or reserved.]
AS 18.74.010 Requirement for sale.
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Except as provided by AS 18.74.060, a person may not sell or offer to sell cigarettes in this state, or sell or offer to sell cigarettes to another person located in this state, unless (1) the cigarettes are tested under (A) AS 18.74.030 and satisfy the performance standard in AS…
AS 18.74.030 Testing of cigarettes.
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(a) Cigarettes shall be tested under (1) the ASTM International Standard E2187-04, entitled “Standard Test Method for Measuring the Ignition Strength of Cigarettes”; or (2) a test method established under (b) of this section. (b) The state fire marshal may adopt an ASTM Internati…
AS 18.74.040 Alternative test methods.
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(a) If the state fire marshal determines that cigarettes cannot be tested by a test method established in AS 18.74.030(a), a manufacturer of the cigarettes shall propose an alternative test method and performance standard for the cigarettes to the state fire marshal. On approval …
AS 18.74.050 Testing laboratories.
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(a) Testing of cigarettes under this chapter shall be performed by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or by another comparable accreditation standard required by the state fire marshal. (b) A la…
AS 18.74.060 Testing for another purpose.
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AS 18.74.030 and 18.74.040 do not require cigarettes to be tested if the cigarettes are tested for another purpose and the testing is consistent with this chapter.
AS 18.74.065 Testing by state fire marshal.
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The state fire marshal may perform testing of cigarettes to determine compliance with this chapter. If the state fire marshal or a contractor of the state fire marshal performs testing to determine a cigarette's compliance with the performance standard in AS 18.74.030(d) or an al…
AS 18.74.070 Maintenance of records.
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A manufacturer shall keep for three years copies of the reports of all tests conducted on all cigarettes offered for sale. The manufacturer shall make copies of those reports available to the state fire marshal and the attorney general on written request.
AS 18.74.080 Certification requirement.
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(a) A manufacturer shall submit to the state fire marshal a certification that each cigarette listed in the certification has been tested under AS 18.74.030 and satisfies the performance standard in AS 18.74.030(d), or has been tested under AS 18.74.040 and satisfies an alternati…
AS 18.74.090 Contents of certification.
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The certification required by AS 18.74.080 must provide the following information for each cigarette listed in the certification: (1) the brand or trade name on the package; (2) the style, such as “light” or “ultra-light”; (3) the length in millimeters; (4) the circumference in m…
AS 18.74.100 Banding requirement.
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Each cigarette listed in a certification submitted under AS 18.74.080 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in AS 18.74.030(d) must have at least two nominally identical bands on the paper surrounding the t…
AS 18.74.110 Availability of certifications.
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The certification required by AS 18.74.080 shall be made available to the attorney general for purposes consistent with this chapter and to the department for the purpose of ensuring compliance with AS 18.74.080.
AS 18.74.120 Packaging marking approval.
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(a) Before submitting a certification of a cigarette under AS 18.74.080, a manufacturer shall present its proposed packaging marking to the state fire marshal for approval. The state fire marshal shall approve or disapprove the proposed packaging marking. Proposed packaging marki…
AS 18.74.130 Marking of cigarette packaging.
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(a) The packaging containing a brand and style of cigarette that a manufacturer certifies under AS 18.74.080 must be marked to indicate compliance with the requirements of this chapter. The packaging marking must be in eight-point type or larger and consist of (1) a modification …
AS 18.74.150 Copies.
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A manufacturer who certifies a cigarette under AS 18.74.080 shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells the cigarette. The manufacturer shall also provide the wholesale dealer and agent with sufficient copies of an i…
AS 18.74.160 Penalties for violations.
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(a) A manufacturer, a wholesale dealer, an agent, or another person who knowingly sells or offers to sell cigarettes other than through retail sale and in violation of AS 18.74.010 is subject to a civil penalty not to exceed (1) $10,000 for a first violation; (2) $25,000 for each…
AS 18.74.180 Separate accounting.
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The fee received under AS 18.74.080(c) and the civil penalties imposed under AS 18.74.160 shall be deposited into the general fund and separately accounted for under AS 37.05.142. The legislature may appropriate the money accounted for under this section to the fire prevention an…
AS 18.74.190 Seizure of cigarettes.
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(a) If a person is offering for sale or has made a sale of cigarettes in violation of AS 18.74.010, the state fire marshal, the department, or a law enforcement agency shall seize and, subject to (b) of this section, dispose of the cigarettes. (b) Before disposal of cigarettes un…