reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 66. Domestic Violence and Sexual Assault › Article 3. Confidential Communications. › Sec. 18.66.230. Inference from claim of privilege; instruction.

(a) The claim of a privilege under AS 18.66.200, whether in a present proceeding or upon a prior occasion, is not a proper subject of comment by a judge, hearing officer, legislator, or counsel. An inference may not be drawn from the claim of privilege.
(b) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of a claim of privilege under AS 18.66.200 without the knowledge of the jury.
(c) Upon request, a party against whom a jury might draw an adverse inference from a claim of privilege under AS 18.66.200 is entitled to an instruction that an inference may not be drawn from the claim of privilege.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 66. Domestic Violence and Sexual Assault › Article 3. Confidential Communications. › Sec. 18.66.250. Definitions.

In AS 18.66.200 - 18.66.250,
(1) “confidential communication” means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and that is disclosed in the course of victim counseling resulting from a sexual assault or domestic violence;
(2) “sexual assault” means an offense under AS 11.41.410 - 11.41.470 or an offense in another jurisdiction whose elements are similar to the elements of an offense under AS 11.41.410 - 11.41.470;
(3) “victim” means a person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault or domestic violence;
(4) “victim counseling” means support, assistance, advice, or treatment to alleviate the adverse effects of a sexual assault or domestic violence on the victim;
(5) “victim counseling center” means a private organization, an organization operated by or contracted by a branch of the armed forces of the United States, or a local government agency that
(A) has, as one of its primary purposes, the provision of direct services to victims for trauma resulting from a sexual assault or domestic violence;
(B) is not affiliated with a law enforcement agency or a prosecutor's office; and
(C) is not on contract with the state to provide services under AS 47;
(6) “victim counselor” means an employee or supervised volunteer of a victim counseling center that provides counseling to victims
(A) who has undergone a minimum of 40 hours of training in domestic violence or sexual assault, crisis intervention, victim support, treatment and related areas; or
(B) whose duties include victim counseling.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 66. Domestic Violence and Sexual Assault › Article 4. Procedures and Education. › Sec. 18.66.300. Standards and procedures for health care in domestic violence cases.

(a) The Department of Health shall adopt standards and procedures for the delivery of services to victims of domestic violence by health care facilities and practitioners of the healing arts and personnel in those facilities. The standards and procedures shall be formulated in consultation with the Council on Domestic Violence and Sexual Assault, the Department of Commerce, Community, and Economic Development, private agencies that provide services for victims of domestic violence, and persons with expertise in providing health care and other services to victims of domestic violence.
(b) The Department of Health shall make available to health care facilities and practitioners of the healing arts and personnel in those facilities a written notice of the rights of victims of domestic violence and the services available to them. The notice shall be substantially similar to the notice provided in AS 18.65.520(a).
(c) The Department of Health may adopt regulations to implement and interpret this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 66. Domestic Violence and Sexual Assault › Article 4. Procedures and Education. › Sec. 18.66.310. Continuing education for public employees, court system employees, and for prosecuting authorities.

(a) Employers of state or local public employees, including employees of public schools, shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for the public employees who are required by law to report abuse or neglect of children under AS 47.17.020.
(b) The administrative director of the Alaska Court System shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for judicial officers and court clerks who have contact with parties involved in domestic violence.
(c) The Department of Law and other prosecuting authorities in the state shall, in consultation with the Council on Domestic Violence and Sexual Assault, provide continuing education in domestic violence for prosecuting attorneys and other employees who have contact with persons involved in domestic violence.
(d) The continuing education required under (a) - (c) of this section must be offered at least once every two years and must include information on the following subjects:
(1) the nature, extent, and causes of domestic violence;
(2) procedures designed to promote the safety of the victim and other household members;
(3) resources available to victims and perpetrators of domestic violence; and
(4) the lethality of domestic violence.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.010. Purpose.

It is the purpose of this chapter to facilitate and permit the payment of compensation to innocent persons injured, to dependents of persons killed, and to certain other persons who by virtue of their relationship to the victim of a crime incur actual and reasonable expense as a result of certain serious crimes or in attempts to prevent the commission of crime or to apprehend suspected criminals.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.020. Violent Crimes Compensation Board.

(a) The Violent Crimes Compensation Board is composed of three members to be appointed by the governor. One of the members shall be designated as chair by the governor. At least one member must be a medical or osteopathic physician, a physician assistant, or an advanced nurse practitioner licensed to practice in this state or retired from practice in this state, and one member must be an attorney licensed to practice in this state or retired from practice in this state.
(b) Members of the board serve staggered terms of three years. All vacancies, except through the expiration of term, shall be filled for the unexpired term only.
(c) Each member of the board is eligible for reappointment and serves at the pleasure of the governor.
(d) A member of the board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office after due notice and hearing.
(e) Members of the board receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards.
(f) After obtaining consent from the chief administrative law judge (AS 44.64.020), the board may appoint one or more administrative law judges employed or retained by the office of administrative hearings to conduct hearings and take testimony in proceedings under this chapter, but final determinations of any matter shall be only by the board. AS 44.64.060 and 44.64.070 do not apply to proceedings under this chapter. An administrative law judge acting under this section shall report findings of fact and conclusions of law to the board, together with the reasons for the findings and conclusions. The board shall act only after consideration of the report and other evidence that it considers appropriate.
(g) The board may appoint and fix the duties of personnel necessary for carrying out its functions under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.030. Application for compensation.

(a) A person who may be eligible for compensation under this chapter may make application to the board. In a case in which the person entitled to make application is a minor, the application may be made on the person's behalf by a parent or guardian. In a case in which the person entitled to make application is mentally incompetent, the application may be made on the person's behalf by a parent, guardian, or other individual authorized to administer the person's estate.
(b) In order to be eligible for compensation under this chapter, the applicant shall, before a hearing on an application under this chapter, submit reports, if reasonably available, from all physicians or surgeons who have treated or examined the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or a report on the cause of death of the victim by an impartial medical expert would be of material aid to its determination, the board shall order the reports and examination.
(c) An application for compensation and personally identifying information relating to an applicant for compensation are confidential records and may not be released by the board.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.040. Action on application; hearings.

(a) Upon application made under the provisions of this chapter, the board shall consider the application and rule on it. The board may, upon its own motion, order a hearing, specifying the time and place it is to be held; if a hearing is ordered, the board shall give notice to the applicant. If, after consideration without a hearing, the decision is unfavorable to the applicant, in whole or in part, the board shall furnish the applicant a written statement of the reason for the ruling. If, within 30 days after receipt of this statement, the applicant requests a hearing on the application, the board shall specify a time and place for a hearing and shall give notice to the applicant. If a request for a hearing is not made within the specified time, the decision of the board is final.
(b) For the purpose of carrying out the provisions of this chapter, the board or its hearing officer may hold the hearings, sit and act at the times and places, and take the testimony that the board or the hearing officer considers advisable. The board or its hearing officer may administer oaths or affirmations to witnesses. The board has full powers of subpoena and compulsion of attendance of witnesses and production of documents, but a subpoena may not be issued except under the signature of a member of the board. Application to a court for aid in enforcing the subpoena may be made in the name of the board only by a board member. Subpoenas are served by any person designated by the board.
(c) The applicant and any other person having a substantial interest in a proceeding may appear and be heard, produce evidence, and cross-examine witnesses in person or by an attorney. The board or its hearing officer also may hear other persons who in the judgment of the board or the hearing officer may have relevant evidence to submit.
(d) Admissibility of evidence is governed by AS 44.62 (Administrative Procedure Act).
(e) If a person has been convicted of an offense with respect to an act on which a claim under this chapter is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending.
(f) Orders and decisions of the board shall be final.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.050. Attorney fees.

The board may, as part of an order entered under this chapter, determine and allow reasonable attorney fees, which may not exceed 25 percent of the first $1,000 amount awarded as compensation, 15 percent of the next $9,000 amount awarded as compensation, and 7.5 percent of the amount awarded as compensation over $10,000 under AS 18.67.070, to be paid in addition to the amount of the compensation, to the attorney representing the applicant. An attorney may not ask for, contract for, charge, demand, collect, or receive a larger sum than the amount allowed by the board in the award of attorney fees. An attorney who violates this section shall forfeit any fee awarded and shall repay the state the fee awarded under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.060. Regulations.

In the performance of its functions, the board is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this chapter, and relating to other matters the board considers appropriate.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.070. Standards for compensation.

For the purpose of determining the amount of compensation payable under this chapter, the board shall, insofar as practicable, formulate standards for uniform application of this chapter and take into consideration rates and amounts of compensation payable for injuries and death under other laws of the state and of the United States and the availability of funds appropriated for the purposes of this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.090. Recovery from collateral source.

(a) Up to the maximum set in AS 18.67.130(c), the board may award compensation for losses and expenses allowable under AS 18.67.110 for which the applicant is not compensated by the offender or a person on behalf of the offender, or by the United States, a state, or any of its subdivisions or agencies, or a private source or emergency awards under AS 18.67.120, for injury or death compensable under this chapter.
(b) If compensation is awarded under this chapter and the person receiving it also receives a collateral sum under (a) of this section that has not been deducted from it, the board may require that the person refund either the amount of the collateral sum or the amount of compensation paid to the person under this chapter, whichever is less.
(c) Notwithstanding the provisions of (a) and (b) of this section, in the case of the death of a victim, the value of a life insurance policy may not be considered a collateral sum that may be deducted under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.101. Incidents and offenses to which this chapter applies.

The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the applicant to commit any of the following offenses:
(A) murder in any degree;
(B) manslaughter;
(C) criminally negligent homicide;
(D) assault in any degree;
(E) kidnapping;
(F) sexual assault in any degree;
(G) sexual abuse of a minor;
(H) robbery in any degree;
(I) threats to do bodily harm;
(J) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance;
(K) arson in the first degree;
(L) sex trafficking in violation of AS 11.66.110 or 11.66.130(a)(2)(B);
(M) human trafficking in any degree; or
(N) unlawful exploitation of a minor.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.110. Nature of the compensation.

(a) The board may order the payment of compensation under this chapter for
(1) expenses actually and reasonably incurred as a result of the personal injury or death of the victim;
(2) loss of earning power as a result of total or partial incapacity of the victim, and reasonable expenses of job retraining of or similar employment-oriented rehabilitative services for the victim;
(3) pecuniary loss to the dependents of the deceased victim; and
(4) any other loss resulting from the personal injury or death of the victim that the board determines to be reasonable.
(b) The board may order that compensation under (a) of this section for a service provided as a result of the personal injury or death of the victim be paid directly to the provider of the service.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.120. Emergency compensation.

If it appears to the board, prior to taking action on an application, that the claim is one for which compensation is probable, and undue hardship will result to the applicant if immediate payment is not made, the board may make an emergency award of compensation to the applicant pending a final decision in the case. However,
(1) the amount of the emergency compensation may not exceed $5,000;
(2) the amount of the emergency compensation shall be deducted from the final compensation made to the applicant;
(3) the excess of the amount of the emergency compensation over the final amount shall be repaid by the applicant to the board.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.130. Limitations on awarding compensation.

(a) An order for the payment of compensation may not be made under AS 18.67.080 unless
(1) the application has been made within two years after the date of the personal injury or death;
(2) the personal injury or death was the result of an incident or offense listed in AS 18.67.101 that had been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within five days of the time when a report could reasonably have been made; and
(3) in the discretion of the board, the applicant has cooperated with law enforcement and prosecution officials to further prosecution of the offender if appropriate and to avoid further injury by the offender to the applicant and injury to persons in the care of the applicant who are exposed to possible injury by the offender.
(b) Compensation may not be awarded if the victim
(1) [Repealed, § 8 ch 96 SLA 1983.]
(2) [Repealed, § 8 ch 96 SLA 1983.]
(3) violated a penal law of the state, which violation caused or contributed to the victim's injuries or death; or
(4) is injured as a result of the operation of a motor vehicle, boat, or airplane unless the vehicle was used by the offender while intoxicated or as a weapon in a deliberate attempt to injure or kill the victim.
(c) Compensation may not be awarded under this chapter in an amount in excess of $40,000 per victim per incident. However, in the case of the death of
(1) a victim who has more than one dependent eligible for compensation, the total compensation that may be awarded as a result of that death may not exceed $80,000; the board may prorate the total awarded among those dependents according to relative need; or
(2) two or more victims in the same incident who jointly have a dependent eligible for compensation, the total compensation that may be awarded as a result of those deaths may not exceed $80,000.
(d) Orders for payment of compensation under this chapter may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1971.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.140. Recovery from offender.

When an order for the payment of compensation for personal injury or death is made under this chapter, the board, upon payment of the amount of the order, is subrogated to the cause of action of the applicant against the person responsible for the injury or death and is entitled to bring an action against the person for the amount of the damages sustained by the applicant. If an amount greater than that paid under the order is recovered and collected in the action, the board shall pay the balance to the applicant.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.150. False claim.

A person who knowingly makes a false claim under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $500, or by imprisonment for not more than one year, or by both, and shall forfeit any benefit received and shall repay the state for payment of compensation made under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.160. Survival and abatement.

The rights to compensation created under this chapter are personal and do not survive the death of a victim or dependent entitled to them, except that if the death occurs after an application for compensation has been filed with the board, the proceeding does not abate, but may be continued by the legal representative of the decedent's estate.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.162. Crime victim compensation fund.

There is created a crime victim compensation fund, which shall be administered by the board. The fund consists of money appropriated to it by the legislature, which may include donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and other program receipts from activities under this chapter. Appropriations to the fund do not lapse. The fund shall be administered in accordance with the provisions of this chapter. Money distributed from the fund shall be in addition to other sources of compensation provided in this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.170. Reports.

The board shall prepare and transmit to the governor, in each odd-numbered year, a biennial report of its activities under this chapter including a brief description of the facts in each case and the amount of compensation awarded during the preceding two-year period. The board shall notify the legislature that the report is available.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.175. Duty to display information.

(a) Every hospital licensed by this state shall display prominently in its emergency room, main entrance, and business office posters notifying the public of the existence and general provisions of this chapter. The board may set standards for the location of this display and shall provide posters and general information regarding the provisions of this chapter to each hospital and to each physician licensed to practice medicine in the state.
(b) Every law enforcement agency in the state shall inform victims of violent crimes, or their surviving dependents, of the provisions of this chapter and shall provide application forms to the victims, or their dependents, who desire to seek compensation under this chapter. The board shall provide application forms, all other documents and general information that law enforcement agencies may require to comply with this subsection.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 67. Violent Crimes Compensation Board › Sec. 18.67.180. Definitions.

In this chapter,
(1) “board” means the Violent Crimes Compensation Board;
(2) “dependent” means a relative of a deceased victim who was dependent upon the victim's income or services at the time of the victim's death; children of a victim born after a victim's death are included;
(3) “personal injury” means actual bodily harm;
(4) “relative” means spouse, parent, grandparent, stepparent, natural born child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or spouse's parents;
(5) “victim” means a person who is injured or killed by an incident or offense specified in AS 18.67.101.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 68. Sexual Assault Investigations › Sec. 18.68.010. Sexual assault examination kit.

(a) The Department of Public Safety and the Department of Law shall develop a uniform sexual assault examination kit.
(b) Under protocols developed under AS 18.68.020,
(1) the Department of Public Safety shall distribute the kits throughout the state; and
(2) peace officers and health care providers shall use the kits for the gathering of evidence in cases of suspected sexual assault.
(c) The appropriate person under the protocols developed under AS 18.68.020 shall provide a sexual assault examination kit at no charge.
(d) This section does not prohibit the introduction in court of evidence obtained without the use of a sexual assault examination kit.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 68. Sexual Assault Investigations › Sec. 18.68.020. Sexual assault investigations protocols.

(a) The Department of Public Safety and the Department of Law in conjunction with the Department of Health shall develop a manual of protocols governing the distribution and use of the sexual assault examination kit developed under AS 18.68.010. The protocols must allow a victim who is 18 years of age or older and not a vulnerable adult to choose one of the following types of reports:
(1) a law enforcement report if the victim wants to obtain a medical forensic examination with evidence collection and, at the time of the medical forensic examination, chooses to participate in the criminal justice system; or
(2) an anonymous report if the victim wants to obtain a medical forensic examination with evidence collection but, at the time of the medical forensic examination, chooses not to have personal identifying information provided to law enforcement or to participate in the criminal justice system; the person who collects the evidence shall release the evidence to the appropriate law enforcement agency for preservation in accordance with AS 12.36.200 but may not provide personal identifying information of the victim to the law enforcement agency; the law enforcement agency shall assign a unique identifying number to the evidence, and the person who collects the evidence shall record the number and provide the number to the victim.
(b) The Department of Public Safety shall distribute copies of the protocol manual developed under this section to the appropriate peace officers and health care providers in the state.
(c) In this section, “vulnerable adult” has the meaning given in AS 47.24.900.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 68. Sexual Assault Investigations › Sec. 18.68.030. Training in protocols and sexual examination kits.

The Department of Public Safety and the Department of Law shall develop and implement training in the use of the protocols and the sexual assault examination kits for peace officers, district attorneys, and appropriate law enforcement agencies, health care providers, and sexual assault program personnel.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 68. Sexual Assault Investigations › Sec. 18.68.040. Sexual assault victim may not be required to pay for examination.

A law enforcement agency, health care facility, or other entity may not require a victim of sexual assault under AS 11.41.410 - 11.41.425 who is 16 years of age or older to pay, directly or indirectly, through health insurance or any other means, for the costs of examination of the victim necessary for
(1) collecting evidence using the sexual assault examination kit under AS 18.68.010 or otherwise; or
(2) determining whether a sexual assault has occurred.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.020. Duties of Department of Public Safety.

The Department of Public Safety shall
(1) aid in the enforcement of all laws and ordinances and the regulations adopted under AS 18.70.010 - 18.70.100 and all other laws relating to fires or to fire prevention and protection;
(2) encourage the adoption of fire prevention measures by means of education;
(3) prepare or have prepared for dissemination information relating to the subject of fire prevention and extinguishment; and
(4) administer the state fire-service training program, including the administration of grants for fire-service training.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.030. Investigation of fires resulting from crime.

If there is reason to believe that a fire has resulted from crime or that crime has been committed in connection with a fire, the Department of Public Safety shall report that fact in writing to the district attorney of the judicial district in which the fire occurred. If the fire occurred in an incorporated city with a regularly organized fire department, the investigation and report shall be made in conjunction with the fire official of that area.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.040. Cooperation with fire insurance companies.

The Department of Public Safety may assist, receive assistance from, and otherwise cooperate with an investigator or agent employed by a fire insurance company licensed to do business in the state, or with an investigator or agent employed by an association of insurance companies licensed to do business in the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.050. Power of department to inspect buildings.

The Department of Public Safety may enter any building subject to regulation under AS 18.70.080 during reasonable hours for the sole purpose of inspecting the property or abating a fire hazard.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.060. Removal of property from fire.

During a fire and in the absence of the owner or claimant, the Department of Public Safety may protect personal property affected by removing it. If the owner or claimant does not take charge of the property within 24 hours the Department of Public Safety may store it at the owner's or claimant's expense.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.070. Abatement of fire hazards.

The Department of Public Safety may require the owner of a commercial business or public property to abate a fire hazard that exists in violation of law or regulations, and the Department of Public Safety may take appropriate action to assure abatement.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.075. Authority of fire department officers; penalty.

(a) A fire officer of a municipal fire department or a fire department registered with the state fire marshal, while providing fire protection or other emergency services, has the authority to
(1) control and direct activities at the scene of a fire or emergency;
(2) order a person to leave a building or place in the vicinity of a fire or emergency, for the purpose of protecting the person from injury;
(3) blockade a public highway, street, or private right-of-way temporarily while at the scene of a fire or emergency;
(4) trespass upon property at or near the scene of a fire or emergency at any time of the day or night;
(5) enter a building, including a private dwelling, or premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, to extinguish the fire;
(6) enter a building, including a private dwelling, or premises near the scene of a fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire that is in progress in another building or premises;
(7) upon 24-hour notice to the owner or occupant, conduct a prefire planning survey in all buildings, structures, or other places within the municipality or the registered fire department's district, except the interior of a private dwelling, where combustible material is or may become dangerous as a fire menace to the building;
(8) direct the removal or destruction of a fence, house, motor vehicle, or other thing judged necessary to prevent the further spread of a fire.
(b) An owner or occupant of a building or place specified in this section or any other person on the site of a fire or other fire department emergency who refuses to obey the order of a fire officer of a municipal or registered fire department in the exercise of official duties is guilty of a misdemeanor, and upon conviction, is punishable by imprisonment for one year, or by a fine of not more than $1,000, or by both.
(c) In this section,
(1) “emergency” means a situation in which the services of fire department personnel are necessary or appropriate to protect life, property, or public health;
(2) “prefire planning survey” means a limited inspection for the purpose of preparing a fire attack plan in the event of a future emergency.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.080. Regulations.

(a) The Department of Public Safety shall adopt regulations for the purpose of protecting life and property from fire and explosion by establishing minimum standards for
(1) fire detection and suppression equipment;
(2) fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings, and buildings used for residential purposes containing four or more dwelling units;
(3) any activity in which combustible or explosive materials are stored or handled in commercial quantities;
(4) conditions or activities carried on outside a building described in (2) or (3) of this subsection likely to cause injury to persons or property.
(b) The commissioner of public safety may establish by regulation and the department may charge reasonable fees for fire and life safety plan checks made to determine compliance with regulations adopted under (a)(2) of this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.081. Approval of fire protection systems.

Before October 30 of each year, the Department of Public Safety shall prepare and make available a list of approved fire protection systems to the Department of Commerce, Community, and Economic Development and the public.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.082. Remote housing facilities.

Any construction camp, logging camp, cannery, or oil or mining camp that has buildings not in a fire department service area in which persons are housed in dormitories or similar facilities shall be equipped with an automatic fire detection system in that portion of the building used for living or sleeping purposes. In this section, “automatic fire detection system” means a type of automatic fire detection system approved by the state fire marshal.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.084. Standard fire hose and hydrant threads required.

All fire protection equipment to be purchased by state and municipal authorities, or any other authority having charge of public property, shall be equipped with national standard fire hose threads for fire hose couplings and hydrant fittings as adopted by the state fire marshal under AS 18.70.080.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.085. Sale of nonstandard equipment.

A person may not sell or offer for sale in this state any fire engine, fire hose, hydrant, or other equipment for fire protection purposes unless the equipment is fitted and equipped according to minimum standards adopted by the state fire marshal under AS 18.70.080. Fire equipment for special purposes or research programs, or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from this requirement by the state fire marshal.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.090. Enforcement authority.

The Department of Public Safety and the chief of each fire department recognized under regulations adopted by the Department of Public Safety, and their authorized representatives in their respective areas, may enforce the regulations adopted by the Department of Public Safety for the prevention of fire or for the protection of life and property against fire or panic. All state peace officers may assist the Department of Public Safety in the enforcement of AS 18.70.010 - 18.70.100 and the regulations adopted under those sections. The authority conferred in AS 18.70.010 - 18.70.100 extends to the enforcement of the provisions of AS 11.46.400 - 11.46.430.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.095. Smoke and carbon monoxide detection devices.

(a) Smoke detection devices shall be installed and maintained in all dwelling units in the state, and carbon monoxide detection devices shall be installed and maintained in all qualifying dwelling units in the state. The smoke detection devices must be of a type and shall be installed in a manner approved by the state fire marshal. The carbon monoxide detection devices must have an alarm and shall be installed and maintained according to manufacturers' recommendations.
(b) In a dwelling unit occupied under the terms of a rental agreement or under a month-to-month tenancy,
(1) at the time of each occupancy, the landlord shall provide smoke detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon monoxide detection devices; the devices must be in working condition, and, after notification of any deficiencies by the tenant, the landlord shall be responsible for repair or replacement; and
(2) the tenant shall keep the devices in working condition by keeping charged batteries in battery-operated devices, if possible, by testing the devices periodically, if possible, and by refraining from permanently disabling the devices.
(c) If a landlord did not know and had not been notified of the need to repair or replace a smoke detection device or a carbon monoxide detection device, the landlord's failure to repair or replace the device may not be considered as evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury.
(d) In this section,
(1) “dwelling unit” has the meaning given in AS 34.03.360;
(2) “landlord” has the meaning given in AS 34.03.360;
(3) “qualifying dwelling unit” means a dwelling unit that
(A) contains or is serviced by a carbon-based-fueled appliance or device that produces by-products of combustion;
(B) has an attached garage or carport; or
(C) is adjacent to a parking space;
(4) “rental agreement” has the meaning given in AS 34.03.360;
(5) “tenant” has the meaning given in AS 34.03.360.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 1. Prevention and Investigation. › Sec. 18.70.100. Criminal penalty; appeal of administrative orders.

(a) Except as provided in (c) of this section, a person who violates a provision of AS 18.70.010 - 18.70.100 or a regulation adopted under those sections, or who fails to comply with an order issued under AS 18.70.010 - 18.70.100, is guilty of a class B misdemeanor. When not otherwise specified, each 10 days that the violation or noncompliance continues is a separate offense.
(b) A person aggrieved by a final order may appeal to the superior court within 30 days after the issuance of the final order. Filing of the appeal does not excuse noncompliance with the order. The court may stay the operation of the order on those terms relating to bonding or other matters that the court finds proper. A stay may not be granted or continued if the court finds that it is against the public interest.
(c) A person who violates AS 18.70.095, as that section relates to carbon monoxide detection devices, is guilty of a violation. In this subsection, “violation” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 2. Mutual Fire Aid Agreements. › Sec. 18.70.150. Adoption of mutual fire aid agreements.

A city, other incorporated entity, and other fire protection groups may organize a mutual-aid program by adopting an ordinance or resolution authorizing and permitting their fire department, fire company, emergency relief squad, fire police squad, or fire patrol to go to the aid of another city, incorporated entity, or fire protection group, or territory outside of it. While extending aid under this section and AS 18.70.160 the fire department, company, squad, or patrol has the same privileges and immunities it possesses when it performs the same functions in its own area. The ordinance or resolution may authorize the heads of the fire department to extend aid, subject to conditions and restrictions prescribed in the ordinance or resolution.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 2. Mutual Fire Aid Agreements. › Sec. 18.70.160. Agreement not to affect insurance rates or liability.

An agreement made under AS 18.70.150 and this section shall be carried out in a manner that does not raise insurance rates. An agreement may not reduce the liability of an insurance company in case of loss during the absence of fire services personnel and equipment.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.320. Policy.

It is the policy of the state to protect its residents and their property from the ravages of fire. The state recognizes the need for the state to participate in providing an educational and training system that meets the needs of all communities and all fire services personnel. The legislature finds that fire is a constant threat and that homes, places of employment, modes of transportation, and our natural resources need a system of fire protection that is based on the most current, practical standards and educational principles.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.330. Creation.

(a) There is created in the Department of Public Safety the Alaska Fire Standards Council.
(b) The council consists of the following persons:
(1) Two chief administrative officers or fire chiefs; only one person appointed under this paragraph may be from a fire department that consists entirely of paid employees;
(2) the state fire marshal or a designee of the state fire marshal;
(3) four representatives of firefighters, including at least one member of the Alaska State Firefighters Association nominated under (c) of this section and at least one member of the Alaska Professional Fire Fighters Association nominated under (c) of this section; a person appointed under this paragraph may not, while serving on the council, be a fire chief;
(4) two volunteer firefighters, one from a community with a population of 2,500 or less and one from a community with a population greater than 2,500;
(5) two members of the public at large with at least one member from a community with a population of 2,500 or less;
(6) one member of the Alaska Fire Chiefs Association nominated under (c) of this section.
(c) The governor shall appoint members of each association named in (b) of this section from a list of at least three nominees submitted by each association. The governor may reject a list submitted under this subsection and request that another list be submitted.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 70. Fire Protection › Article 3. Alaska Fire Standards Council. › Sec. 18.70.340. Appointment; meetings; expenses.

(a) The state fire marshal or a designee shall serve on the council during each state fire marshal's continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. Membership on the council does not disqualify a member from holding another public office or employment. The council shall select its chair and vice-chair annually.
(b) The council shall meet at least twice a year. The chair shall set the time and place of the meeting, either on the chair's own motion or on written request by three members of the council. The council is encouraged to meet electronically.
(c) The members of the council do not receive a salary for service on the council, but are entitled to per diem and travel expenses authorized by law for other boards and commissions under AS 39.20.180.