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REFERENCE TITLE: building permits; requirements; statewide preemption |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2855 |
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Introduced by Representatives Fernandez: Andrade, Salman, Terán
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AN ACT
amending sections 9-467 and 11-321, arizona revised statutes; relating to building permits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-467, Arizona Revised Statutes, is amended to read:
9-467. Building permits; issuance; distribution of copies; state preemption; utilities; subsequent owner; limitation; contractor requirements; definitions
A. Any municipality requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and one copy to the director of the department of revenue. Permit copies shall provide the permit number, issue date and parcel number. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section. A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality.
D. A municipality issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a the permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.
E. A municipality may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit. A city or town municipality may require a person that has been issued a building permit and that does not otherwise hold a business license from the municipality to apply for a business license within thirty days after issuing the building permit.
F. If a person has constructed a building or an addition to a building without obtaining a building permit, a municipality shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit a MUNICIPALITY from enforcing an applicable ordinance or code provision that affects the public health or safety.
G. This section does not prohibit a municipality from recovering reasonable costs associated with reviewing and issuing a building permit.
H. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
i. in addition to any other requirement, for a building permit issued in connection with the construction, reconstruction, installation, demolition, MAINTENANCE or repair of any COMMERCIAL building estimated to cost more than $250,000 or in connection with a residential building with five or more units, Any contractor or any other person or entity that is engaged to PERFORM construction work on the property that is subject to a permit issued under this subsection must meet the FOLLOWING requirements:
1. not have had their license revoked or suspended from performing COnstRUCTION work by any federal, state or local government agency or authority in the past three years.
2. not have been found by a court or governmental agency within the last three years to be in violation of any law relating to PROVIDING WORKers' compensation INSURANCE coverage, MISCLASSIFICATION of employees as independent CONTRACTORS, payment of employee payroll taxes, employee income tax withholding or any federal, state or local wage or hours laws.
3. maintain appropriate workers' compensation INSURANCE coverage and provide documentary proof of such coverage to the municipality or industrial commission of arizona.
4. classify employees as employees as defined in section 23-901 for the purposes of minimum wage, overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding.
5. maintain detailed payroll records and provide those records to the MUNICIPALITY within five days after receiving a request from the municipality or industrial commission of arizona.
6. comply with the provisions of title 23, chapter 2 with regard to employment practices and working conditions.
j. The regulation of the issuance of building permits is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's license status, employment practices and working conditions is allowed solely in accordance with subsection I of this section. A building permit applicant's license status, employment practices and working conditions are not subject to further regulation by a municipality.
I. k. For the purposes of this section:
1. "contractor" has the same meaning as prescribed in section 32-1101.
1. 2. "Municipality" means a city or town organized in accordance with law, including a home rule or charter city.
2. 3. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
Sec. 2. Section 11-321, Arizona Revised Statutes, is amended to read:
11-321. Building permits; issuance; state preemption; utilities; distribution of copies; subsequent owner; limitation; contractor requirements; definition
A. Except in those cities and towns that have an ordinance relating to the issuance of building permits, the board of supervisors shall require a building permit for any construction of a building or an addition to a building exceeding a cost of $1,000 within its jurisdiction. The building permit shall be filed with the board of supervisors or its designated agent.
B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section. A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county.
C. A county may not deny a permit application based on the utility provider proposed to provide utility service to the project.
D. A county issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a the permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.
E. The board of supervisors may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.
F. Where deemed of public convenience, the board of supervisors shall allow the application for and the issuance of building permits by mail.
G. One copy of the building permit required by the terms of subsection A of this section shall be transmitted to the county assessor and one copy shall be transmitted to the director of the department of revenue. The permit copy provided to the assessor and the department of revenue shall have the permit number, the issue date and the parcel number for which the permit is issued. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.
H. If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit a county from enforcing an applicable ordinance or code provision that affects the public health or safety.
I. This section does not prohibit a county from recovering reasonable costs associated with reviewing and issuing a building permit.
J. This section does not affect any authority of a county to manage or operate a county-owned utility.
k. in addition to any other requirement, for a building permit issued in connection with the construction, reconstruction, installation, demolition, MAINTENANCE or repair of any COMMERCIAL building estimated to cost more than $250,000 or in connection with a residential building with five or more units, Any contractor or any other person or entity that is engaged to PERFORM construction work on the property that is subject to a permit issued under this subsection must meet the FOLLOWING requirements:
1. not have had their license revoked or suspended from performing COnstRUCTION work by any federal, state or local government agency or authority in the past three years.
2. not have been found by a court or governmental agency within the last three years to be in violation of any law relating to PROVIDING WORKers' compensation INSURANCE coverage, MISCLASSIFICATION of employees as independent CONTRACTORS, payment of employee payroll taxes, employee income tax withholding or any federal, state or local wage or hours laws.
3. maintain appropriate workers' compensation INSURANCE coverage and provide documentary proof of such coverage to the board of supervisors or industrial commission of arizona.
4. classify employees as employees as defined in section 23-901 for the purposes of minimum wage, overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding.
5. maintain detailed payroll records and provide those records to the MUNICIPALITY within five days after receiving a request from the board of supervisors or industrial commission of arizona.
6. comply with the provisions of title 23, chapter 2 with regard to employment practices and working conditions.
l. The regulation of the issuance of building permits is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's license status, employment practices and working conditions is allowed solely in accordance with subsection K of this section. A building permit applicant's license status, employment practices and working conditions are not subject to further regulation by a county.
K. m. For the purposes of this section: ,
1. "contractor” has the same meaning as prescribed in section 32-1101.
2. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.