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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

FACT SHEET FOR H.B. 2584

residential building materials; requirements; prohibition

Purpose

Prohibits a municipality from adopting or enforcing any code, ordinance, standard, stipulation or other legal requirement that limits the use or installation of a building product or material that is approved by a national model code or subjects a prefabricated residential building, material or component to additional requirements, with exceptions.

Background

Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare. A municipality may:
1) regulate the use of buildings, structures and land between agriculture, residence, industry and business; 2) regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use; 3) establish requirements for off-street parking and loading; 4) establish and maintain building setback lines; and 5) establish floodplain and age-specific community zoning districts and districts of historical significance (A.R.S. § 9-462.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits a municipality from adopting or enforcing any code, ordinance, standard, stipulation or other legal requirement that:

a) prohibits or limits, directly or indirectly, using or installing a building product or material in the construction, renovation, maintenance or other alteration of a residential building if the building product or material is approved for use by a national model code that applies to the construction, renovation, maintenance or other alteration of the building; or

b) subjects a prefabricated residential building, material or component to additional or different requirements from other residential buildings except as required by federal law.

2. Defines prefabricated residential building as a structure or a portion of a structure that is transportable in one or more sections and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities.

3. Becomes effective on the general effective date.

House Action

GOV               1/31/24      DP       8-1-0-0

3^rd Read          2/13/24                  46-11-1-0-2

Prepared by Senate Research

March 21, 2024

JT/MA/slp