SB 1335

Senator Bill SB 1335: fire access roads; limitation; enforcement   

Sponsor: Senator Farnsworth

Overview: SB 1335 allows a person to bring a private civil action against local government for adopting a legal requirement regarding an approved fire apparatus access road or extension that requires certain building owners to install fire sprinklers.

League Position: OPPOSE - The bill lowers the threshold at which applicants can sue, thus increasing the probability of frivolous lawsuits. It also opens the door for liability to cities, towns, fire districts, and the State for ignoring accepted national fire standards.

Summary: Current law prohibits municipalities from requiring fire sprinklers in single family residential homes and it prohibits them from using fire access roads as a way to directly or indirectly require fire sprinklers. This bill expressly states that violating this statute can be enforced by private civil action. It also specifies that statutory requirements supersede and preempt any regulation adopted by a local government regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension.

Updates

03/30/15: signed by governor. Chapter 88, Laws 2015.

02/26/15: SB 1335 substituted for HB 2005 in the House and passed the House 34-25-1. The bill now proceeds to the Governor.

02/23/15: SB 1335 passed Senate third read 17-12

02/19/15: SB 1335 passed Senate Committee of the Whole

02/02/15: SB 1335 passed Senate Public Safety, Military and Technology a 4-1-1 vote.