ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2317: residential building materials; requirements; prohibition

Sponsor: Representative Gillette, LD 30

Committee on Government

Overview

Restricts municipalities from adopting or enforcing limits for altering single-family residential buildings provided the building materials meet current laws and building codes.

History

A municipality may establish districts of historical significance. These districts are required to create plans that identify the preservation objectives of the district and identify and preserve sites, areas and structures. Inside these districts municipalities may create ordinances that limit new development or alteration of structures or sites. The National Register of Historic Places is the official federal list of historic places worthy of preservation and was created in 1966 when Congress passed the National Historic Preservation Act. The act allows the National Park Service to coordinate and support public and private efforts to identify, evaluate and protect historic sites (A.R.S. § 9-462.01, NPS).

Provisions

1.   States that municipalities cannot place prohibitions or limits on the building materials used in the alteration of a single-family residential building if the materials used are approved by the municipality's building codes. (Sec. 1)

2.   Prohibits municipalities from placing additional or different restrictions on prefabricated single-family residential buildings and their materials or components compared to non-prefabricated single-family buildings provided they comply with applicable building codes and federal and state law. (Sec.1)

3.   Prohibits municipalities from regulating the design aesthetics of single-family residential buildings unless they are in a district of historic significance or designated historic by the National Register of Historic Places. (Sec.1)

4.   States that this measure does not supersede applicable building codes, fire codes, dark sky ordinances or public health and safety standards. (Sec. 1)

5.   Defines prefabricated single-family residential buildings. (Sec. 1)

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9.                     HB 2317

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