Chapter 0199 - 502R - S Ver of HB2122

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-251.02, Arizona Revised Statutes, is amended to read:

START_STATUTE11-251.02. Additional powers of the board

The board of supervisors may:

1. Authorize the use of county personnel, facilities, equipment, supplies and other resources in search or rescue operations involving the life or health of any person.

2. Contract for the acquisition, rental or hire of equipment, services, services supervision, supplies and other resources for use in such search or rescue operations.

3. Contract with an ambulance service provider that has a certificate of necessity issued pursuant to title 36, chapter 21.1, article 2 to provide ambulance service in the rural or wilderness service areas in counties with a population of less than five hundred thousand persons.

4. Contract with a government agency to provide the services of the constable at fees that are less than those established by section 11‑445, except for those services that are specifically authorized by law to be performed by the sheriff. END_STATUTE

Sec. 2. Title 11, Arizona Revised Statutes, is amended by adding chapter 12, to read:

CHAPTER 12

RESIDENTIAL RENTAL INSPECTION PROGRAMS

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE11-1701. Definitions

In this chapter, unless the context otherwise requires:

1. "Building code" means the construction codes that were in force at the time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. With respect to mobile homes as defined in section 33‑1409, building code means the federal construction codes applicable to homes constructed after June 15, 1976, and the state codes applicable to homes constructed before that date.

2. "Countywide residential rental property inspection program" means any program that includes systematic or periodic inspections of a majority of rental properties in the county that have not been previously found to meet the requirements of section 11‑1702.

3. "Exterior inspection" means the visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right‑of‑way, or that can be seen from an adjacent property if a complaint or consent is received from the adjacent property owner, lawful resident or lawful tenant.

4. "Initial inspection" means the first inspection of a residential rental dwelling unit after the establishment by ordinance or resolution of a residential rental inspection program.

5. "Interior inspection" means a physical or visual inspection of the interior of a residential rental dwelling unit and other portions of a residential rental dwelling unit that are not visible from a public street, right‑of‑way or neighboring property that is made for the purpose of looking for building code violations.

6. "Mobile home park" has the same meaning prescribed in section 33‑1409.

7. "Multifamily housing" means site built buildings containing residential dwelling units, but does not include mobile home parks.

8. "Owner" means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property.

9. "Residential dwelling unit" means a building or structure or part of a building or structure that is used for a home or residence by one or more persons who maintain a household, including a mobile home regardless of ownership of the land.

10. "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more tenants. A dwelling unit that is occupied in part by the owner of the dwelling unit is not a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit that has its own cooking and sleeping areas, a bathroom and a separate entrance, unless otherwise provided in a zoning ordinance of the county. Residential rental dwelling unit does not include an owner occupied mobile home in a mobile home park that is not owned by the landlord of the mobile home park.

11. "Residential rental licensing requirement" means a requirement established by a county that property owners or property managers obtain a license or permit from the county, with or without an associated fee, before they can legally engage in the rental of dwelling units in the county.

12. "Residential rental registration requirement" means any requirement established by a county for rental housing owners or managers to submit information to the county as already required to be submitted to the county assessor under section 33-1902. END_STATUTE

START_STATUTE11-1702. Individual property inspections

A. For individual residential rental properties the county may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:

1. Conditions that materially affect the health and safety of the occupants as prescribed by section 11‑1703.

2. A significant level of crime associated with the property.

3. A documented history of building code violations.

4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the county.

5. There is probable cause that the residential rental property is not in compliance with the county's building code.

6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.

B. If the county determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated, the county may require an additional inspection and approval by the county before a new occupancy is permitted.

C. Before entry the county shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.

D. This section does not limit the authority of a county to:

1. Perform an exterior inspection of any property in the county's jurisdiction at any time.

2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the county's jurisdiction.

3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.

4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.

5. Perform an interior inspection of any property during an emergency or natural disaster.

E. A county may designate any of its departments to perform all or part of the duties granted to the county pursuant to this chapter. END_STATUTE

START_STATUTE11-1703. Material affect on health and safety of occupants

For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:

1. Inadequate sanitation, ventilation or space requirements, including the following:

(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.

(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the county in which the property is located.

(d) Lack of adequate heating and cooling.

(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.

(f) Lack of minimum amounts of natural light and ventilation as required by the building code.

(g) Inadequate room and space dimensions as required by the building code.

(h) Lack of required adequate electricity and lighting as required by the building code.

(i) Infestation of insects, vermin or rodents.

(j) Lack of connection to a sewage disposal system as required by the building code.

(k) Lack of adequate garbage and rubbish storage and removal facilities.

2. Structural hazards, including the following:

(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.

(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.

(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.

4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.

5. Hazardous mechanical equipment, including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.

6. Faulty weather protection that may include:

(a) Significantly deteriorated, crumbling or loose plaster.

(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire hazards or inadequate fire protection, including:

(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.

9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.

11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.

12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law. END_STATUTE

START_STATUTE11-1704. Adoption of countywide residential rental property licensing, registration or inspection program; requirements

A. A county may adopt a countywide residential rental property inspection program only if the following occurs:

1. The county conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held county board meeting that occurs at least thirty days after the public hearing.

2. The ordinance or resolution is adopted by at least a majority vote of the entire board.

3. The county notifies all owners of residential rental properties who are then currently registered with the county assessor of the county.

4. The notice to owners is mailed by first class mail at least twenty days in advance of the required public hearing.

5. A notice of the public hearing is published in a local newspaper of general circulation and posted on any official county website not less than two weeks before the required public hearing.

B. A county shall not adopt a residential rental licensing requirement for residential rental properties or property owners. This subsection does not prohibit a county that imposes a sales tax on rent from requiring a transaction privilege tax license for residential rental property owners.

C. A county shall not adopt a residential rental registration requirement. A county shall obtain rental registration information only from the county assessor's office. END_STATUTE

START_STATUTE11-1705. Inspection fees

A. A county shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections that are requested by an owner of record or a lawful tenant, for initial interior inspections pursuant to issuance of a warrant, initial annual inspection pursuant to a residential rental inspection program or for an initial follow-up inspection where all building code violations identified to the property owner with a written notice or citation have been corrected.

B. A county may charge a reasonable fee:

1. For each subsequent follow-up interior or exterior inspection to ensure compliance with a citation or notice issued for violations of the building code that materially affect the health and safety of residents.

2. If an owner fails to correct a violation for which a notice or citation has been issued and the owner has been given adequate time to correct the violation. For the purposes of this paragraph, adequate time shall be no less than fifteen calendar days. For the purposes of this section, a reasonable fee may include the costs incurred by the county for all related inspections before the failure of the owner to correct identified violations.

C. Notwithstanding subsection B of this section, a violation of the building code that immediately threatens the health and safety of occupants shall be cited and repaired immediately. END_STATUTE