ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DPA 6-4-0-0

HB 2716: licensing; building permits; temporary permits

Sponsor:  Representative Griffin, LD 14

House Engrossed

Overview

Provides requirements for issuing building permits.

History

A.R.S. § 9-835 requires a municipality to establish a time frame during which the municipality will grant or deny a license required to satisfy any new ordinance or code. This time frame must separately state the administrative completeness review time frame and the substantive review time frame, and it must be posted on the municipality’s website. Municipalities must prioritize the establishment of time frames for those licenses that have the greatest impact on the public.  Statute specifies the details that must be considered when establishing time frames.

Provisions

Building Permits (Sec. 2)

1.   Requires the municipality that requires a building permit for construction of single-family dwellings to issue the permit within seven business days of submission of an administratively complete application provided the municipality has:

a)   Approved construction documents for the dwelling; and

b)   Approved vertical construction activities in the subdivision or on the individual lot on which the dwelling is to be constructed.

2.   Stipulates an applicant can immediately commence with construction if the municipality fails to issue the permit within seven business days.

a)   Instructs the municipality to issue the permit as soon as practicable.☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

3.   Requires the municipality that has not approved vertical construction activities in the subdivision or individual lot where the dwelling will be constructed to approve and issue the building permit pending approval.

4.   Prohibits an applicant, unless otherwise authorized, from commencing construction until vertical construction activities have been approved and the building permit is issued.

5.   Specifies construction, unless prohibited by any legal requirement, may commence immediately upon issuance of the building permit or expiration of the time frame in which the municipality has to issue the permit.

a)   Prohibits the municipality from issuing a fine, penalty or other action in response to the commencement of construction.

6.   Specifies the municipality is not prohibited from:

a)   Offering expedited permit applications.

b)   Adopting reasonable regulations for issuing a certificate of occupancy.

7.   Stipulates the municipality's substantive review of an application and calculating the time of issuance must comply with statutory requirements relating to licensing time frames

8.   Defines administratively complete, building permit, certificate of occupancy and construction documents.

Miscellaneous

9.   Specifies when a municipality may, and when they are prohibited from, prioritizing applications. (Sec. 1)

10.  Removes archaic language. (Sec. 1)

11.  Makes technical changes. (Sec. 1)

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15.                    HB 2716

16.  Initials PRB           Page 0 House Engrossed

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