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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1093 |
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AN ACT
amending sections 9-807 and 11-861, Arizona Revised Statutes; relating to local regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-807, Arizona Revised Statutes, is amended to read:
9-807. Mandated fire sprinklers in certain residences prohibited; exceptions; permit application format
A. A municipality 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. A municipality 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 section subsection does not apply to any of the following:
1. Any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009 municipality that required fire sprinklers for all single-family detached residences and residential buildings before November 15, 2017.
3. Any ordinance or other requirement that requires a person or entity to install or equip fire sprinklers in residences that are five thousand livable square feet or more.
4. Any ordinance or other requirement that requires a person or entity to install or equip fire sprinklers in structured sober living homes as defined in section 9-500.40.
B. A fire sprinkler permit application may be in either print or electronic format.
C. A municipality shall include the provisions of subsection A of this section on 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.
Sec. 2. 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
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 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 that is 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 and adoption of 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 of the following:
1. Any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009 county that required fire sprinklers for all single-family detached residences and residential buildings before November 15, 2017.
2. Any county that before November 15, 2017 required that all new single-family residences be fully outfitted with an approved fire sprinkler system.
3. Any ordinance or other requirement that requires a person or entity to install or equip fire sprinklers in residences that are five thousand livable square feet or more.
4. Any ordinance or other requirement that requires a person or entity to install or equip fire sprinklers in structured sober living homes as defined in section 11-269.18.
F. The provisions of this subsection E of this section 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. G. A fire sprinkler permit application may be in either print or electronic format.
G. H. 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. I. 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. J. 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.