Ariz. Admin. Code § 17-4-309

Current through Register Vol. 30, No. 24, June 14, 2024

Section R17-4-309 - Private Fire Emergency Vehicle Permit

A. Private Fire Emergency Vehicle Permit. A Private Fire Emergency Vehicle Permit may be issued to a private fire department if all requirements provided under subsections (B) and (C) are met.

1. The Private Fire Emergency Vehicle Permit is valid until revoked or surrendered.

2. The Private Fire Emergency Vehicle Permit shall be carried at all times in the fire engine for which the permit is issued.

3. The Private Fire Emergency Vehicle Permit is not transferable.

4. The Private Fire Emergency Vehicle Permit shall remain the property of the Division and shall be surrendered to the Division when the fire engine is no longer being used to respond to an emergency.

B. Private Fire Emergency Vehicle Permit application. A person applying for a Private Fire Emergency Vehicle Permit shall submit the required documentation to the Division's Enforcement Services Program, P.O. Box 2100, Mail Drop 513M, Phoenix, Arizona 85007. The following documentation is required at the time of initial application:

1. Private Fire Emergency Vehicle Permit Application. Multiple fire engines may be listed on one application. The Private Fire Emergency Vehicle Permit Application is furnished by the Division and is available upon request from the Division's Enforcement Services Program; and

2. Proof of acceptable financial responsibility to cover any liability that may arise from the use of the Private Fire Emergency Vehicle Permit. Acceptable proof of financial responsibility is an insurance policy that:

a. Is issued by an insurance company licensed to conduct business in Arizona by the Arizona Department of Insurance;

b. Is written for a combined single-limit coverage of at least $5 million;

c. Contains a provision stating that the state of Arizona shall be notified at least 30 days prior to any policy cancellation, nonrenewal, or change in provisions; and

d. Contains a provision stating that the state of Arizona shall be notified immediately if the insurance company becomes insolvent.

C. Operational requirements.

1. A fire engine may be operated with the privileges prescribed under A.R.S. § 28-624, but shall be subject to all other applicable provisions prescribed under A.R.S. Title 28, A.A.C. Title 17, and any other applicable statutes or ordinances.

2. A fire engine shall only be driven by an operator who meets the Operator Requirements as defined under R17-4-301.

3. A fire engine with a Private Fire Emergency Vehicle Permit, shall meet the National Fire Protection Association's (NFPA) fire engine and fire apparatus standards in effect for the manufacture date of the emergency vehicle.

4. The private fire department is responsible for ensuring that the fire engine is not operated using the privileges prescribed under A.R.S. § 28-624 with an invalid Private Fire Emergency Vehicle Permit.

D. Denial. If an application for a Private Fire Emergency Vehicle Permit is denied, a notice of denial shall be sent to the applicant at the address of record. An applicant is allowed to reapply for a permit following denial, provided all requirements listed under this Section are met.

E. Revocation. If a Private Fire Emergency Vehicle Permit is revoked, a notice of the revocation shall be sent to the address of the applicant. An applicant is allowed to reapply for a permit following revocation, provided all requirements listed under this Section are met.

1. The emergency vehicle permit is immediately revoked upon a determination that:

a. The permitted vehicle or the private fire department no longer meets the requirements for the permit; or

b. The vehicle was operated in violation of the provisions of this rule, any other applicable rule, or statute.

2. The revocation shall be preceded by a notice of intent to revoke.

a. The notice of intent to revoke shall be sent by first-class mail to the address of the applicant as shown on the permit application.

b. The notice of intent to revoke shall inform the applicant of the right to an administrative hearing and the procedure for requesting a hearing.

3. The revocation shall become effective 25 days after the mailing date of the notice of intent to revoke unless a timely request for hearing is submitted.

F. Administrative hearing. The administrative hearing is held in accordance with the procedures prescribed under 17 A.A.C. 1, Article 5.

Ariz. Admin. Code § R17-4-309

Former Rule, General Order 31. Former Section R17-4-11 renumbered without change as Section R17-4-309 (Supp. 87-2). Transferred to R17-1-309 (Supp. 92-4). New Section recodified from R17-4-701 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 14 A.A.R. 2106, effective July 5, 2008 (Supp. 08-2).