2016 Arizona Revised Statutes
Title 41 - State Government
§ 41-4049 State fire marshal cease and desist order; enforcement procedures; violation; civil penalty

41-4049. State fire marshal cease and desist order; enforcement procedures; violation; civil penalty

A. If the state fire marshal or the fire marshal's deputies have reasonable cause to believe that any person has committed or is committing a violation of title 37, chapter 9, article 4, any rule adopted pursuant to title 37, chapter 9, article 4 or any order issued pursuant to title 37, chapter 9, article 4 that does not constitute an immediate and apparent hazard to life or property, the state fire marshal through the director may issue and serve on the person by certified mail a cease and desist order.

B. If the violation does not constitute an immediate hazard to life or property, the state fire marshal shall grant to the person whom the state fire marshal alleges to be in violation of any rule or order a reasonable period of time, which in no event shall be less than five days after the date of receipt of the notice, to comply with the order.

C. On the failure or refusal of a person to comply with a cease and desist order issued by the director pursuant to subsection A of this section, the director may file an action in the superior court in the county in which the violation is alleged to have occurred to enjoin the person from engaging in further acts in violation of the cease and desist order. The court shall proceed as in other actions for preliminary injunction. Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.

D. If the state fire marshal or the fire marshal's deputies have reasonable cause to believe that any person has committed or is committing a violation of title 37, chapter 9, article 4, any rule adopted pursuant to title 37, chapter 9, article 4 or any order issued pursuant to title 37, chapter 9, article 4 that constitutes an immediate and apparent hazard to life or property, the state fire marshal through the director may either:

1. Issue and serve by personal service a cease and desist order, which order may require immediate compliance. On failure of a person to comply with a cease and desist order issued pursuant to this paragraph, the director shall file an action in the superior court in the county where the violation occurred to enjoin the person from engaging in further acts in violation of the cease and desist order.

2. File an action in the superior court in the county in which the violation is alleged to have occurred to enjoin a person from engaging in further acts in violation of the rule or order without issuing a cease and desist order.

The court shall proceed as in other actions for preliminary injunction. Any person found to be in contempt of an injunctive order of the court shall be assessed a civil penalty of not more than one thousand dollars with each day of violation constituting a separate contempt.