Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 32-1108, to read:
START_STATUTE32-1108. Handyman registration; filing fee;
civil penalty
A. A person
who is exempt from licensure pursuant to section 32-1121, subsection A,
paragraph 4, 9 or 14 and who is not licensed by the registrar pursuant to this
chapter shall register with the registrar as a handyman if the person does any
of the following:
1. Installs
or attaches finished products, materials or articles of merchandise if the
total value of the sales contract or transaction involving these items and the
cost of the installation or attachment of these items to the structure do not exceed
one thousand dollars, including labor, materials and all other items, but
excluding any electrical fixture or appliance that was designed by the
manufacturer, that is unaltered, unchanged or unmodified by any person, that
can be plugged into a common household electrical outlet using a two pronged or
three pronged electrical connector and that does not use any other form of
energy, including natural gas, propane or other petroleum or gaseous fuel, to
operate or is attached by a nail, screw or other fastening device to the frame
or foundation of any residential structure.
2. Sells or
installs finished products, materials or articles of merchandise that are not
fabricated into and do not become a permanent fixed part of the structure if
the total price of the finished product, material or article of merchandise
does not exceed one thousand dollars, including labor but excluding any
electrical fixture or appliance that was designed by the manufacturer, that is
unaltered, unchanged or unmodified by any person, that can be plugged into a
common household electrical outlet using a two pronged or three pronged
electrical connector and that does not use any other form of energy, including
natural gas, propane or other petroleum or gaseous fuel, to operate or is
attached by a nail, screw or other fastening device to the frame or foundation
of any residential structure.
3. Engages
in any work or operation on one undertaking or project by one or more
contracts, for which the aggregate contract price, including labor, materials
and all other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person, that can be plugged into a common household electrical outlet using a
two pronged or three pronged electrical connector and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure, does not exceed
one thousand dollars.
4. Remodels,
repairs or improves an existing structure or appurtenance and the cost for
labor and materials per project per dwelling or appurtenance does not exceed
one thousand dollars.
B. If a
person is required to be registered pursuant to this section, the person shall
file with the registrar all of the following:
1. The
person's name, address and telephone number.
2. Proof
that the person has a surety bond.
3. A
statement that the person is lawfully present in the United STates under
federal law.
4. A filing
fee of forty-five dollars.
C. Every
person registered pursuant to this section shall notify the registrar in
writing of any change in residence or office address and telephone number
within thirty days after that change. The registrar shall impose a civil
penalty of no more than one thousand dollars per violation on a person who does
not do any of the following:
1. Register
as prescribed by this section.
2. Notify
the registrar of a change in address or telephone number as required by this
subsection.
3. Maintain
a surety bond. END_STATUTE
Sec. 2. Section 32-1121, Arizona Revised
Statutes, is amended to read:
START_STATUTE32-1121. Persons not required to be licensed;
penalties
A. This chapter shall not be construed to apply to:
1. An authorized representative of the United States government, this state or any county, incorporated city or town, reclamation
district, irrigation district or other municipality or political subdivision of
this state.
2. Trustees of an express trust that is not formed
for the purpose of conducting business as a contractor or officers of a court,
if they are acting within the terms of their trust or office.
3. Public utilities operating under regulation of
the corporation commission or construction, repair or operation incidental to
discovering or producing petroleum or gas, or the drilling, testing, abandoning
or other operation of a petroleum or gas well, if performed by an owner or
lessee.
4. Except as
otherwise provided in this paragraph, any materialman,
manufacturer or retailer furnishing finished products, materials or articles of
merchandise who does not install or attach such items or installs or attaches
such items if the total value of the sales contract or transaction involving
such items and the cost of the installation or attachment of such items to a
structure does not exceed one thousand dollars, including labor, materials and
all other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person, that can be plugged into a common household electrical outlet utilizing
a two pronged or three pronged electrical connector and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure. The
materialman, manufacturer or retailer shall inform the purchaser that the
installation may also be performed by a licensed contractor whose name and
address the purchaser may request. A
person who is exempt from licensure pursuant to this paragraph shall register
with the registrar if required pursuant to section 32-1108.
5. Owners of property who improve such property or
who build or improve structures or appurtenances on such property and who do
the work themselves, with their own employees or with duly licensed
contractors, if the structure, group of structures or appurtenances, including
the improvements thereto, are intended for occupancy solely by the owner and
are not intended for occupancy by members of the public as the owner's
employees or business visitors and the structures or appurtenances are not
intended for sale or for rent. In all actions brought under this chapter,
proof of the sale or rent or the offering for sale or rent of any such
structure by the owner‑builder within one year after completion or
issuance of a certificate of occupancy is prima facie evidence that such
project was undertaken for the purpose of sale or rent. For the purposes of
this paragraph, "sale" or "rent" includes any arrangement
by which the owner receives compensation in money, provisions, chattels or
labor from the occupancy or the transfer of the property or the structures on
the property.
6. Owners of property who are acting as developers
and who build structures or appurtenances to structures on their property for
the purpose of sale or rent and who contract for such a project with a general
contractor licensed pursuant to this chapter and owners of property who are
acting as developers, who improve structures or appurtenances to structures on
their property for the purpose of sale or rent and who contract for such a
project with a general contractor or specialty contractors licensed pursuant to
this chapter. To qualify for the exemption under this paragraph, the licensed
contractors' names and license numbers shall be included in all sales
documents.
7. Architects or engineers who are engaging in their
professional practice as defined in chapter 1 of this title and who hire or
offer to hire the services of a contractor for preconstruction activities
relating to investigation and discovery including:
(a) Subsurface utility location and designation
services.
(b) Potholing.
(c) Drilling for any of the following:
(i) Soil samples.
(ii) Rock samples.
(iii) Pavement samples.
(d) Locating existing features of a building or
structure including existing electrical, mechanical, plumbing and structural
members.
8. A person licensed, certified or registered
pursuant to chapter 22 of this title or a person working under the direct
supervision of a person certified or qualified pursuant to chapter 22 of this
title to the extent the person is engaged in structural pest control.
9. Except as
otherwise provided in this paragraph, the sale or installation of
finished products, materials or articles of merchandise which are not
fabricated into and do not become a permanent fixed part of the structure.
This exemption does not apply if a local building permit is required, if the
total price of the finished product, material or article of merchandise,
including labor but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person, that can be plugged into a common household electrical outlet utilizing
a two pronged or three pronged electrical connector and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure, is more than
one thousand dollars or if the removal of the finished product, material or
article of merchandise causes damage to the structure or renders the structure
unfit for its intended use. A person
who is exempt from licensure pursuant to this paragraph shall register with the
registrar if required pursuant to section 32-1108.
10. Employees of the owners of condominiums,
townhouses, cooperative units or apartment complexes of four units or less or
the owners' management agent or employees of the management agent repairing or
maintaining structures owned by them.
11. Any person who engages in the activities
regulated by this chapter, as an employee of an exempt property owner or as an
employee with wages as the person's sole compensation.
12. A surety company or companies which are
authorized to transact business in this state and which undertake to complete a
contract on which they issued a performance or completion bond, provided all
construction work is performed by duly licensed contractors.
13. Insurance companies which are authorized to
transact business in this state and which undertake to perform repairs
resulting from casualty losses pursuant to the provisions of a policy, provided
all construction work is performed by duly licensed contractors.
14. Except
as otherwise provided in this paragraph, any person other than a
licensed contractor engaging in any work or operation on one undertaking or
project by one or more contracts, for which the aggregate contract price,
including labor, materials and all other items, but excluding any electrical
fixture or appliance that was designed by the manufacturer, that is unaltered,
unchanged or unmodified by any person, that can be plugged into a common
household electrical outlet utilizing a two pronged or three pronged electrical
connector and that does not use any other form of energy, including natural
gas, propane or other petroleum or gaseous fuel, to operate or is attached by a
nail, screw or other fastening device to the frame or foundation of any
residential structure, is less than
does not exceed one
thousand dollars. The work or operations which are exempt under this paragraph
shall be of a casual or minor nature.
A person who is exempt from licensure pursuant to this paragraph shall register
with the registrar if required pursuant to section 32-1108. This
exemption does not apply:
(a) In any case in which the performance of the work
requires a local building permit.
(b) In any case in which the work or construction is
only a part of a larger or major operation, whether undertaken by the same or a
different contractor, or in which a division of the operation is made in
contracts of amounts less than
that do not exceed one
thousand dollars, excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person, that can be plugged into a common household electrical outlet utilizing
a two pronged or three pronged electrical connector and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure, for the purpose
of evasion of this chapter or otherwise.
(c) To a person who utilizes any form of advertising
to the public in which the person's unlicensed status is not disclosed by
including the words "not a licensed contractor" in the advertisement.
15. A person who is licensed, certified or
registered pursuant to title 41, chapter 16 and who is not otherwise
required to be licensed under this chapter or an employee of such person.
16. A person who functions as a gardener by
performing lawn, garden, shrub and tree maintenance.
B. A person who is licensed to perform work in a
particular trade pursuant to this chapter shall not be required to obtain and
maintain a separate license for mechanical or structural service work performed
within the scope of such trade by such person.
C. Any person who does not have an exemption from
licensure pursuant to subsection A, paragraph 14, subdivision (c) of this
section is subject to prosecution for a violation of section 44‑1522.
The attorney general may investigate the act or practice and take appropriate
action pursuant to title 44, chapter 10, article 7.
D. All
electrical, plumbing, air conditioning, heating, boiler, roofing and fire
safety work shall be performed by a contractor appropriately licensed pursuant
to this chapter and shall not be done by a person who is exempt from licensure
pursuant to this section. END_STATUTE
Sec. 3. Section 32-1165, Arizona Revised
Statutes, is amended to read:
START_STATUTE32-1165. Advertising; violation; classification
Except as authorized by section 32‑1121, subsection A,
paragraph 14, subdivision (c), it is a class 1 misdemeanor for any person to
advertise that he the person is able to perform
any service or contract for compensation subject to regulation by the registrar
under the terms of this chapter unless a license or registration under the terms of this
chapter is first obtained regardless of whether his the
person's operations as a contractor or handyman are otherwise exempt. END_STATUTE
Sec. 4. Requirements for enactment; two-thirds
vote
Pursuant to article IX, section 22, Constitution of Arizona,
this act is effective only on the affirmative vote of at least two-thirds of
the members of each house of the legislature and is effective immediately on
the signature of the governor or, if the governor vetoes this act, on the
subsequent affirmative vote of at least three-fourths of the members of each
house of the legislature.
