Bill Text: AZ HB2719 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Planning; zoning; building permits
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-09 - House read second time [HB2719 Detail]
Download: Arizona-2022-HB2719-Introduced.html
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REFERENCE TITLE: planning; zoning; building permits |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2719 |
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Introduced by Representatives Solorio: Abraham, Liguori, Meza
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AN ACT
amending section 9-467, arizona revised statutes; amending title 9, chapter 7, article 1, arizona revised statutes, by adding section 9-810.01; amending sections 11-321 and 11-861, arizona revised statutes; relating to planning and zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-467, Arizona Revised Statutes, is amended to read:
9-467. Building permits; issuance; distribution of copies; state preemption; utilities; subsequent owner; limitation; definitions
A. Any municipality requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and one copy to the director of the department of revenue. Permit copies shall provide the permit number, issue date and parcel number. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section. A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality.
D. A municipality issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a the permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.
E. A municipality may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit. A city or town municipality may require a person that has been issued a building permit and that does not otherwise hold a business license from the municipality to apply for a business license within thirty days after issuing the building permit.
F. If a person has constructed a building or an addition to a building without obtaining a building permit, a municipality shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit a municipality from enforcing an applicable ordinance or code provision that affects the public health or safety.
g. Notwithstanding any other law, not more than twenty days after receiving a completed building permit application, a municipality shall issue the requested permit or provide a written notice to the permit applicant identifying the specific application deficiencies that do not comply with applicable codes. If the municipality does not issue the permit or provide the written notice of application deficiencies within twenty days after receiving a completed permit application, the permit is deemed approved and shall be issued on the next business day.
G. h. This section does not prohibit a municipality from recovering reasonable costs associated with reviewing and issuing a building permit.
H. i. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
I. j. For the purposes of this section:
1. "Municipality" means a city or town organized in accordance with law, including a home rule or charter city.
2. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
Sec. 2. Title 9, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 9-810.01, to read:
9-810.01. Building codes; construction materials; building products; prohibition
Notwithstanding any other law or any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a municipality, the municipality may not:
1. prohibit or limit, directly or indirectly, using or installing a building product or material in the construction, renovation, maintenance or other alteration of a residential or COMMERCIAL building if the building product or material is approved for use by a national model code that was PUBLISHED within the last three code cycles and that APPLIES to the construction, renovation, MAINTENANCE or other alteration of the building.
2. Establish a standard for a building product, material or AESTHETIC method in the construction, renovation, MAINTENANCE or other alteration of a residential or COMMERCIAL building if the standard is more STRINGENT than a standard for the product, material or aesthetic method under a national model code that was PUBLISHED within the last three code cycles and that APPLIES to the construction, renovation, MAINTENANCE or other alteration of the building.
Sec. 3. Section 11-321, Arizona Revised Statutes, is amended to read:
11-321. Building permits; issuance; state preemption; utilities; distribution of copies; subsequent owner; limitation; definition
A. Except in those cities and towns that have an ordinance relating to the issuance of issuing building permits, the board of supervisors shall require a building permit for any construction of a building or an addition to a building exceeding a cost of $1,000 within its jurisdiction. The building permit shall be filed with the board of supervisors or its designated agent.
B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section. A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county.
C. A county may not deny a permit application based on the utility provider proposed to provide utility service to the project.
D. A county issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a the permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.
E. The board of supervisors may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.
F. Where deemed of public convenience, the board of supervisors shall allow the application for and the issuance of building permits by mail.
G. One copy of the building permit required by the terms of subsection A of this section shall be transmitted to the county assessor and one copy shall be transmitted to the director of the department of revenue. The permit copy provided to the assessor and the department of revenue shall have the permit number, the issue date and the parcel number for which the permit is issued. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
H. If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit a county from enforcing an applicable ordinance or code provision that affects the public health or safety.
I. Notwithstanding any other law, not more than twenty days after receiving a completed building permit application, a county shall issue the requested permit or provide a written notice to the permit applicant identifying the specific application deficiencies that do not comply with applicable codes. If the county does not issue the permit or provide the written notice of application deficiencies within twenty days after receiving a completed permit application, the permit is deemed approved and shall be issued on the next business day.
I. j. This section does not prohibit a county from recovering reasonable costs associated with reviewing and issuing a building permit.
J. k. This section does not affect any authority of a county to manage or operate a county-owned utility.
K. l. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
Sec. 4. Section 11-861, Arizona Revised Statutes, is amended to read:
11-861. Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates; construction materials; building products; prohibition
A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. The codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county.
B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district.
C. For the purpose purposes of this article, codes authorized by subsections A and B of this section shall be limited to the following:
1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code.
2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 37-1383.
D. The board of supervisors may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property. The board must follow written public procedures in the development developing and adoption of adopting the code and any revisions to the code to provide effective, early and continuous public participation through:
1. The broad dissemination and publicity of the proposed code and any revisions to the code.
2. The opportunity for submission and consideration of written public comments.
3. Open discussions, communications programs and information services.
4. Consultation with federal agencies and state and local officials.
E. The board of supervisors shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single family single-family detached residence or any residential building that contains not more than two dwelling units. The board of supervisors shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This subsection does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. The provisions of this subsection shall be included on all fire sprinkler permit applications that are for a single family single-family detached residence or any residential building that contains not more than two dwelling units.
F. A fire sprinkler permit application may be in either print or electronic format.
G. A board of supervisors may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this subsection. Compliance with this subsection is not grounds to deny or suspend a license or permit. This subsection may be enforced in a private civil action and relief, including an injunction, may be awarded against a county. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a county for a violation of this subsection. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by county regulation and enforcement. This subsection supersedes and preempts any regulation adopted by a county regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension. For the purposes of this subsection:
1. "Fire code" includes the international fire code, however denominated.
2. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.
H. If a fire code adopted by a board of supervisors requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The county shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.
I. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by the board of supervisors applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the board of supervisors. This subsection does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3.
j. Notwithstanding any other law or any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a county, the county may not:
1. prohibit or limit, directly or indirectly, using or installing a building product or material in the construction, renovation, maintenance or other alteration of a residential or COMMERCIAL building if the building product or material is approved for use by a national model code that was PUBLISHED within the last three code cycles and that APPLIES to the construction, renovation, MAINTENANCE or other alteration of the building.
2. Establish a standard for a building product, material or AESTHETIC method in the construction, renovation, MAINTENANCE or other alteration of a residential or COMMERCIAL building if the standard is more STRINGENT than a standard for the product, material or aesthetic method under a national model code that was PUBLISHED within the last three code cycles and that APPLIES to the construction, renovation, MAINTENANCE or other alteration of the building.
