Do FOI and Public Access laws apply to non-compensated citizens boards such as a fire code appeals board?

• A. Yes
• B. No
• C. Only if funded
• D. Only if a request is made

Answer: (A)

Public access laws apply to bodies that are part of the government and exercise public functions, regardless of whether members are compensated. A fire code appeals board is typically established by law to interpret or enforce fire codes and to decide appeals, which means it performs a governmental function. Because of that, its records (such as meeting agendas, minutes, and official decisions) and its meetings themselves are generally subject to freedom of information or public records laws and open meeting requirements. The fact that members are non‑paid does not remove it from the scope of these laws.

There can be exemptions for specific sensitive information, or situations where certain proceedings are closed, but the default expectation is openness for a fire code appeals board because of its public role. If the board were a purely private entity with no governmental authority, the public access laws might not apply, but that is not typical for a fire code appeals board.