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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
licensing; building permits; temporary permits
(NOW: licensing; building permits)
Purpose
Directs a municipality to issue a building permit required for a single-family dwelling, with exceptions, within seven business days after the applicant submits an administratively complete application if the municipality has made specified approvals. Allows construction to commence immediately if the municipality fails to issue the permit within seven business days.
Background
Municipalities must post time frames during which the municipality will either grant or deny each license required by an ordinance or code, with specified exceptions. The overall timeframe must separately state the administrative completeness review timeframe and the substantive review timeframe.
During the substantive review timeframe, a municipality may make: 1) one comprehensive request for corrections; and 2) supplemental requests for corrections limited to previously identified issues, if the applicant fails to resolve an issue identified in the comprehensive request for corrections. The substantive review timeframe and overall timeframe are suspended from the date a request for corrections is issued until the date the municipality receives the corrections.
The statutory
requirements do not apply to a license that is: 1) necessary for residential
lot construction or development, including swimming pools, hardscape and
property walls, a subdivision or a master planned community; 2) issued within
seven working days after initial application receipt; and 3) a permit that
expires within 21 working days after issuance (A.R.S.
§ 9-835).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality, when determining the order in which the municipality will review license applications, from prioritizing applications for a license to which statutory timeframe requirements apply over license applications to which the requirements do not apply.
2. Specifies that a municipality may prioritize license applications based on the order the municipality received the applications.
3. Directs a municipality to issue a building permit required for the construction of a single-family dwelling within seven business days after the applicant submits an administratively complete application, if the municipality has approved:
a) construction documents for the dwelling to be constructed; and
b) vertical construction activities to begin in the subdivision in which the dwelling is to be constructed or on the individual lot on which the dwelling is to be constructed.
4. Authorizes an applicant to immediately commence with construction if the municipality fails to issue the building permit within seven business days and requires the municipality to issue the permit as soon as practicable.
5. Excludes, from the seven-day timeframe requirement, a single-family dwelling that is:
a) subject to a municipality's hillside development ordinance; or
b) required to participate in the National Flood Insurance Program.
6. Prohibits a municipality from issuing any fine, penalty or other action in response to construction commencing as authorized.
7. Directs a municipality, if the municipality has not yet approved vertical construction activities, to:
a) approve the building permit pending approval of vertical construction activities; and
b) issue the building permit as soon as practicable on approval of vertical construction activities.
8. Allows dwelling construction to commence immediately on issuance of the building permit or expiration of the seven-day timeframe required for the municipality to issue the building permit.
10. Subjects, to the statutory requirements on requests for corrections during the substantive review timeframes that apply to other municipal licenses, a municipality's substantive review of a building permit application and calculation of time to issue the permit.
11. Specifies that the single-family dwelling building permit timeframe requirements do not prohibit a municipality from:
a) offering expedited permit applications; or
b) adopting reasonable regulation for issuing a certificate of occupancy, including requiring any completed construction that poses a life and safety hazard or that does not comply with the municipality's requirements for approving a building permit to be corrected before issuing the certificate of occupancy.
12. Defines administratively complete as only the information and documents necessary to demonstrate that construction documents have been approved for construction on the lot that is the subject of the building permit application and meets all setback requirements.
13. Defines construction documents as written, graphic and pictorial documents prepared or assembled to describe the design, location and physical characteristics of the elements of a dwelling necessary to obtain a building permit, including documents the municipality authorizes to be used in construction of a dwelling on a repetitive basis.
14. Excludes, from the definition of construction documents, a site plan or plot plan.
15. Defines building permit as an official document or certificate issued by the municipality that authorizes performance of construction activities.
16. Defines certificate of occupancy as an official document or certificate issued by a municipality that authorizes the use or occupancy of a completed dwelling.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
House Action
COM 2/16/21 DPA 6-4-0-0
3rd Read 3/18/21 33-26-1
Prepared by Senate Research
March 22, 2021
LB/kja