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REFERENCE TITLE: building permits; self-certification process |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2168 |
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Introduced by Representative Dial
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AN ACT
amending title 9, chapter 4, article 6.4, Arizona Revised Statutes, by adding section 9‑469; relating to cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-469, to read:
9-469. Self-certification process for obtaining permits
A. Notwithstanding any other law, on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self-certification.
B. For each regulation imposing a permitting requirement, a municipality shall adopt a procedure for issuing permits through self‑certification that contains the following requirements:
1. The municipality shall publicly identify the occupation that is ordinarily competent to assess whether the regulatory prerequisites to the issuance of the requested permit have been fulfilled.
2. The municipality shall identify the limits or amounts of insurance or surety bonding that will afford reasonable coverage or security against likely hazards arising from the wrongful issuance of a requested permit. The limits or amounts of the insurance or surety bonding shall not be greater than the amounts imposed by the municipally directed permitting process.
3. The municipality shall issue any required permit within forty‑eight hours of:
(a) Receipt of a sworn statement stating that all regulatory prerequisites to the issuance of the requested permit have been fulfilled and that the affiant is fully competent and qualified to assess the fulfillment, which is signed by one or more persons in the occupation that the municipality has designated as ordinarily competent to assess whether the regulatory prerequisites to the issuance of the requested permit have been fulfilled.
(b) Receipt of proof of insurance or surety bonding in limits or amounts that afford reasonable coverage or security against likely hazards arising from the wrongful issuance of the requested permit.
C. A municipality shall not impose requirements on the completion of a permit application or self-certification in order to persuade an applicant to not exercise the applicant's option of seeking permitting through self‑certification.
D. If a municipal permitting process is challenged on the grounds that it unreasonably burdens the applicant's option of seeking permitting through self-certification, the court hearing the challenge shall rule on the merits of the challenge without deference to any legislative, administrative or executive finding.