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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DPA 4-3-0-0 | 3rd Read 17-10-2-0 |
SB 1353: municipal development; permits; review
Sponsor: Senator Gowan, LD 19
Committee on Commerce
Overview
Authorizes third party reviews of single-family residential building permit applications and modifies municipal licensing time frame requirements.
History
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. A municipality may consider an application withdrawn if, by 30 days or more after the date of notice, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. If a municipality does not issue the applicant a written or electronic notice granting or denying a license within the overall time frame or within mutually agreed on time frame extension, the municipality must refund to the applicant all fees charged for reviewing and acting on the application for the license and excuse payment of any fees that have not yet been paid (A.R.S. § 9-835).
Provisions
Third Party Reviews Building Permits
1. Stipulates, for municipalities that do not approve, conditionally approve or respond to an application for a single-family residential building permit within 15 working days of submittal, a required review of the application may be performed by a qualified third party selected by the applicant. (Sec. 2)
2. Provides criteria which disqualifies a person from being selected as the qualified third party. (Sec. 2)
3. Allows a qualified third party selected by the applicant to be:
a) a person who is employed by a third-party vendor identified on a list of approved vendors by the municipality, if the list has more than one vendor;
b) a registered engineer or architect; or
c) a person who is certified by an international council on model codes and standards for building safety with a credential specific to the residential code on single-family dwelling construction and who attends a class, if offered and required, by the municipality that exclusively reviews the municipality's adopted code amendments. (Sec. 2)
4. Instructs a third party who reviews a single-family residential building permit application to:
a) review the application and take all other related actions in accordance with requirements adopted by the municipality; and
b) notify the municipality and the applicant of the results of the review. (Sec. 2)
5. Authorizes a municipality to prescribe a reasonable format for notifying the municipality and the applicant of the results of the review. (Sec. 2)
6. Prohibits a municipality from requesting or requiring an applicant to waive a deadline or other required procedure. (Sec. 2)
7. Allows an applicant to appeal a decision made by the municipality or qualified third-party for a single-family residential building permit application and the result of an inspection conducted by the municipality (Sec. 2)
8. Requires an appeal to be filed in a manner prescribed by the municipality within 15 working days after the date of the decision. (Sec. 2)
9. Stipulates if a decision regarding the appeal is not rendered within 60 working days after the appeal is filed, the application is deemed approved, or the inspection is waived. (Sec. 2)
10. Asserts that a municipality which issues a permit, approval or certificate of occupancy after a third-party plan review has qualified immunity in accordance with statute. (Sec. 2)
11. Specifies the applicant as responsible for any fees and costs associated with a third-party review. (Sec. 2)
12. Requires the applicant to pay the fees and costs either directly to the third-party vendor or in an agreed alternative manner. (Sec. 2)
13. Asserts that the municipality is not responsible for assessing or collecting any fees or costs associated with a third-party review. (Sec. 2)
14. Specifies the third-party review provisions do not:
a) apply to applications required to comply with a hillside development ordinance or for floodplain reviews; and
b) modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances. (Sec. 2)
15. Defines an application. (Sec. 2)
Licensing Time Frames
16. Requires a municipality, in establishing licensing time frames, to consider the third party review and inspection time frames. (Sec. 3)
17. Requires a municipality to, within 10 working days after a request by the applicant, meet or discuss with the applicant the request for corrections and provide sufficient information to allow the applicant to provide the requested corrections. (Sec. 3)
18. Prohibits a municipality, except for an application relating to municipal planning or zoning, from denying a license application that is necessary for land development or building construction unless the municipality considers the application withdrawn. (Sec. 3)
19. Includes additional municipal actions which require a refund of all fees charged for reviewing and acting on the license application. (Sec. 3)
20. Provides conditions to which a municipality may only modify, rescind or request any subsequent modifications or revisions to an approved plan or permit for land development or building construction if such construction is done in accordance with the approved plan or permit. (Sec. 3)
21. Eliminates the exemption of licensing time frame requirements for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned communities. (Sec. 3)
22. Provides a definition for objective. (Sec. 3)
Miscellaneous
23. Authorizes a municipality to hold the issuance of a certificate of occupancy as a security for assuring the installation of certain utilities and improvements meet established standards of design and construction. (Sec. 1)
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27. SB 1353
28. Initials PB Page 0 Commerce
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