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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
inspections; sober living homes
Purpose
Allows counties and municipalities to conduct inspections at sober living homes located within their boundaries to ensure compliance with fire codes and zoning ordinances.
Background
Statute authorizes counties and municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare and outlines zoning guidelines and requirements (A.R.S. §§ 9-462.01 and 11-811).
A sober living home is any premises, place or building that provides alcohol-free or drug-free housing that: 1) promotes independent living and life skills development; 2) may provide activities that are directed primarily toward recovery from substance use disorders; 3) provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders; and 4) does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence (A.R.S. § 36-2061).
Statute requires the Director of the Department of Health Services (DHS) to establish minimum standards and requirements for the licensure of sober living homes to ensure the public health, safety and welfare. The Director may use the current standards adopted by any recognized national organization approved by DHS as guidelines in prescribing the minimal standards and requirements but must include outlined statutory policies and procedures (A.R.S. § 36-2062).
Current statute directs DHS to post the name and telephone number of each licensed or certified sober living home on its website and to update the list quarterly. DHS is prohibited from disclosing the address of a sober living home, except to a local jurisdiction for zoning purposes, local law enforcement and emergency personnel. A sober living home's address is not available for public record (A.R.S. § 36-2066).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes a county, city or town to conduct inspections at sober living homes located within its boundaries to ensure compliance with fire codes and zoning ordinances.
2. Allows DHS to disclose the address of sober living homes for zoning regulation purposes relating to compliance inspections of local zoning ordinances as well as buildings, structures and land and fire code.
3. Applies the statutory definition of sober living home used for the licensure and regulation of sober living homes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 13, 2023
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