I received the following question from a city:
State Fire Marshall came to city recently for routine business. He told my Chief to stop doing the Compliance Certifications that the OMMA requires in order for a dispensary, grow facility etc to get a state license. He told him that if the city signs off on these forms and the state fire marshal comes in behind us to inspect the facilities, that the fire marshal inspection is very in depth and most places will not pass. In turn he said the facilities can turn around and sue the City and both the chief and code inspector. Currently city has 4 dispensaries and 3 large commercial grow operations. City was told at some point the State Fire Marshals office will be taking over the inspections. The City also has a license and fee in place on the City side.
One, I know there are exemptions under the GTCA for inspections so I am not worried about that issue. Two, I spoke with the State Fire Marshal and he advised that he City does not have an AHJ letter on file meaning that the State Fire Marshal has authority and jurisdiction to do all inspections and permitting.
Does anyone know the pros and cons of doing (or not doing) this AHJ letter? And can the city require a fee if they don't have jurisdiction?
Suzie
Suzanne D. Paulson
Chief Executive Officer
spaulson@omag.orgmailto:spaulson@omag.org
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