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2016 Op. Ariz. Att'y Gen. 1 (2016)

handle is hein.sag/sagaz0107 and id is 1 raw text is: 









STATE OF ARIZONA


OFFICE OF THE ATTORNEY GENERAL


     ATTORNEY GENERAL OPINION                                No. 116-001
                                                              (R15-025)
                    By
                                                  Re: State Fire Marshal's Adoption of
            MARK BRNOVICH                      National Fire Protection Association Code
          ATTORNEY GENERAL

               March 3, 2016


To:    Representative Steve Montenegro
       Arizona House of Representatives


                                  Ouestions Presented

       Whether Arizona Revised Statutes (A.R.S.) § 36-1609 requires the State Fire Marshal to

promulgate a rule that adopts the 2013 edition of the National Fire Protection Association

(NFPA)1 1124 (also known as the Code for the Manufacture, Transportation, Storage and

Retail Sales of Fireworks and Pyrotechnic Articles )?

       If the Fire Marshal is required to enact such a rule, would a subsequent change in the

publication status of NFPA 1124 impact the legal operation of A.R.S. § 36-1609, or any other

rules adopted under the statute's 2013 directive?

1 According to its website, NFPA is a global nonprofit membership organization with more than
70,000 members from over 100 nations devoted to eliminating death, injury, property and economic loss
due to fire, electrical and related hazards. The association delivers information and knowledge through
more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and
by partnering with others who share an interest in furthering the NFPA mission. About NFPA,
htt!p://www.nfpa.or,/about-nf)_a. (accessed Dec. 15, 2015).

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