Bill Text: AZ HB2861 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Building permits; fees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-22 - House minority caucus: Do pass [HB2861 Detail]
Download: Arizona-2021-HB2861-Engrossed.html
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House Engrossed
building permits; fees |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2861 |
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AN ACT
amending section 9-467, arizona revised statutes; relating to building permits.
(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. This section does not prohibit a municipality from recovering reasonable costs charging fees that are reasonably proportionate to the direct costs associated with reviewing and issuing a building permit. any fees charged for issuing a building permit may be used only to fund the department responsible for issuing the building permit and may not be used as revenue for the general expenses of the municipality. the municipality shall post on its website the revenues collected from all building permits and the itemized costs attributable to issuing a building permit.
H. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
I. 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.
