Panel approves bill giving state fire marshal authority to grant case-by-case building-code variances; members warn of local overreach

The committee voted to recommend HB 15 55, a bill that would authorize the State Fire Marshal's office to provide an additional, case-by-case variance or exception review to the state building code and to clarify an administrative appeal pathway beyond local decisions.

State Fire Marshal Sean Toomey testified that the language mirrors existing variance procedures in the state fire code and would provide a second-opinion option for commercial projects or municipalities that request state-level oversight. "We processed 90 variances to the fire code last year and every single one of those letters has a line on it whether it's supported or not supported from the local fire chief," Toomey said, noting that in practice the marshal's office seeks and usually has local input.

Several members expressed concern that the bill could allow state-level decisions to override volunteer-run local boards and add workload and cost to municipalities that already have competent permitting systems. Representative Barrack said small towns could lack resources to litigate or follow up when local decisions are set aside. "I don't know why a small community would have said no... and because you have these small communities that are basically all volunteer, we would have no choice," Barrack said.

Toomey responded that the change is meant to fill gaps where local building officials are absent and to provide consistency across jurisdictions; he said the variance pathway would not replace existing building-code review board functions and that appeal options to the code-review board and courts would remain available.

Lawmakers also debated fiscal and staffing implications: some members urged adding language to require written input from local officials or an appropriation to support additional marshal-office work. After a brief caucus, the committee recorded a roll-call recommendation of 5 to 3 in favor of the bill.

Next steps: The recommendation will be forwarded; members requested possible follow-up language to ensure local input and to clarify implementation and staffing needs.