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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2107 |
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.38; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11‑269.15; relating to local health and safety ordinances.
(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 8, Arizona Revised Statutes, is amended by adding section 9-500.38, to read:
9-500.38. Structured sober living homes; health and safety standards; definition
A. In addition to any other authority, a city or town may adopt by ordinance health and safety standards and enforcement mechanisms for structured sober living homes. If adopted, the health and safety standards and enforcement mechanisms for structured sober living homes may address at least the following:
1. A mandatory registration for all structured sober living homes to ensure that the residents of the home are living in a safe environment. The registration requirements may include:
(a) The name and address of the structured sober living home.
(b) The following information regarding the property:
(i) If the property is owned, the owner's name, address and contact telephone number.
(ii) If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.
2. Fire safety requirements of the home.
3. Square footage and location requirements of the residents' bedrooms.
4. Supervision requirements in the home for the residents, including a requirement that each structured sober living home have a qualified house manager on site.
5. Qualifications of the house manager that at a minimum require all of the following:
(a) A high school or general equivalency diploma.
(b) A minimum age of twenty-one.
(c) The ability to demonstrate an understanding of the disease model of addiction.
(d) Successful completion of training that includes:
(i) First aid and cardiopulmonary resuscitation training and certification.
(ii) Infectious disease control and prevention.
(iii) Crisis prevention and intervention.
(iv) Assisted self-administration of medication certification.
6. The establishment and maintenance of discharge plans for residents, including those who do not comply with house rules.
7. Transportation of the residents of the structured sober living home.
B. A city or town that adopts health and safety standards and enforcement mechanisms for structured sober living homes pursuant to subsection A of this section may exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.
C. The operation or maintenance of a structured sober living home that is not registered or does not meet the health and safety standards adopted pursuant to this section is in violation of this section and is declared a nuisance detrimental to the public health and safety. The city or town through its attorney may bring an action for an injunction to restrain such a violation or to enjoin the future operation or maintenance of any structured sober living home until there is substantial compliance with this section and the ordinances, regulations and standards adopted pursuant to this section.
D. For the purposes of this section, "structured sober living home":
1. Means any premises, place or building that provides alcohol‑free or drug‑free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction, of whom at least thirty‑five percent receive outpatient behavioral health services for substance abuse or addiction treatment while living in the home.
2. Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.15, to read:
11-269.15. Structured sober living homes; health and safety standards; definition
A. In addition to any other authority, a county may adopt by ordinance health and safety standards and enforcement mechanisms for structured sober living homes. If adopted, the health and safety standards and enforcement mechanisms for structured sober living homes may address at least the following:
1. A mandatory registration for all structured sober living homes to ensure that the residents of the home are living in a safe environment. The registration requirements may include:
(a) The name and address of the structured sober living home.
(b) The following information regarding the property:
(i) If the property is owned, the owner's name, address and contact telephone number.
(ii) If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.
2. Fire safety requirements of the home.
3. Square footage and location requirements of the residents' bedrooms.
4. Supervision requirements in the home for the residents, including a requirement that each structured sober living home have a qualified house manager on site.
5. Qualifications of the house manager that at a minimum require all of the following:
(a) A high school or general equivalency diploma.
(b) A minimum age of twenty-one.
(c) The ability to demonstrate an understanding of the disease model of addiction.
(d) Successful completion of training that includes:
(i) First aid and cardiopulmonary resuscitation training and certification.
(ii) Infectious disease control and prevention.
(iii) Crisis prevention and intervention.
(iv) Assisted self-administration of medication certification.
6. The establishment and maintenance of discharge plans for residents, including those who do not comply with house rules.
7. Transportation of the residents of the structured sober living home.
B. A county that adopts health and safety standards and enforcement mechanisms for structured sober living homes pursuant to subsection A of this section may exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.
C. The operation or maintenance of a structured sober living home that is not registered or does not meet the health and safety standards adopted pursuant to this section is in violation of this section and is declared a nuisance detrimental to the public health and safety. The county through its county attorney may bring an action for an injunction to restrain such a violation or to enjoin the future operation or maintenance of any structured sober living home until there is substantial compliance with this section and the ordinances, regulations and standards adopted pursuant to this section.
D. For the purposes of this section, "structured sober living home":
1. Means any premises, place or building that provides alcohol‑free or drug‑free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction, of whom at least thirty‑five percent receive outpatient behavioral health services for substance abuse or addiction treatment while living in the home.
2. Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.