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Appeals to the Fire Marshal

Effective January 1, 2007 there will be a $250 fee for submitting an application of Appeal to the Fire Marshal. This fee is payable at the Fire Prevention counter @ 150 S. 12th Street, first floor, Fire Prevention counter.

APPEALS PROCESS
The Appeals Process is the method used when it has been determined that there are practical difficulties in the way of carrying out the provisions of the code; to determine suitability of alternate methods or materials. The Fire Department does recognize that there will be times when it is difficult, if not impossible, to comply with the letter of the code. This is why the Appeals Process was created and the authority of the Fire Department to grant such appeals is given in the Phoenix Fire Prevention Code Sections 104.6.4.

WHAT ARE WE LOOKING FOR?
Each appeal is reviewed and evaluated by one or more fire prevention engineering staff. These staff members are charged with determining if the appeal meets the spirit of the code and whether or not public safety has been secured. In addition, the proposed design, use or operation must satisfactorily comply with the intent of the code and be at least equivalent to that prescribed in the code.

WHAT IS THE APPEALS PROCESS?

• Obtain an Appeal Form:
  • Available online - Must be printed and delivered or
  • Picked up at the Fire Prevention Office at 150 South 12th Street or
  • The Fire Prevention Section in City Hall, 1st Floor
    Or the form can be mailed to you
  
  
  • Form Information
    • Business/Property Name and Address
    • Owner’s Name and Address
    • Tenant’s Name and Address
    • Appellant’s Name and Address and Phone number
    • Code section in question
    • Proposal in lieu of code compliance
    • Name of Fire Prevention staff working on the project, if known
    • Detailed explanation of situation and proposed solution
    
    Site Plans must accompany the Appeal in most cases.
    
    Print out 1 copy of the Petition of Appeal to the Fire Marshal for each issue that you wish to appeal. Fill out, sign and attach the required documentation in support of the appeal. Put the name in the "Internal Use" box labeled "Engineer/FPS Familiar with Project, if you know it:"
    
    Mail the appeal and fee to:
    
    Phoenix Fire Department
    150 South 12th Street
    Phoenix, AZ 85034-2301
    Attn: Fire Prevention
    
    Decision of Fire Marshal
    Based upon the Appellant’s proposals, detailed information or documentation submitted and the Fire Department member’s recommendation, the Decision will be one of the following:
    • Approved - Self explanatory
    • Approved with Stipulations - The stipulations will document if further action is required by the Appellant and a recheck date to allow time for compliance.
    • Denied - If further action is required by the Appellant, a recheck date will be stipulated to allow time for compliance.
    • See Attachment - May apply when “Approved with Stipulations” or “Denied” apply.
      Appeal is not valid/binding until a permit has been issued and the form signed by the Fire Marshal or her representative.

      Click here for the: Appeal to the Fire Marshal Form -
      Print, sign and submit.

      For assistance or information please contact Christina McCray at 602-534-5489.

      2006 International Fire Code with Phoenix Amendments Sections governing Appeals to the Fire Marshal:
      
      Section 104.8 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Fire Prevention.
      
      Section 104.9 Alternative materials and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The fire code official is authorized to approve an alternate material or method where the fire code official finds that the proposed design, use or operation is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.