PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1140
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"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."
Amend title to conform