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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: ATT DP 6-1-3-0 | Third Read 20-9-1-0 |
SB 1284: moving violations; red light
S/E: private permitting providers
Sponsor: Senator Bolick, LD 2
Committee on Government
Summary of the Strike-Everything Amendment to SB 1184
Overview
Allows a property owner to use a private permitting provider to conduct a building plan review or inspection for any single-trade residential construction project and sets guidelines for the construction, certification and inspection of such projects.
The legislative body of a city or town must authorize administrative personnel to review and approve design review plans based on objective standards. The city's or town's legislative body may adopt a self-certification program allowing registered architects and professional engineers to certify and be responsible for compliance with all applicable ordinances and construction standards for projects that the ordinance identifies as being qualified for self-certification (A.R.S. § 9-500.49).
Any required review of an application for a single-family residential building permit application may be performed by a qualified third party selected by a municipality if the municipality has a population of at least 30,000 persons and does not approve or respond with revisions to the application within 15 working days after the date the application is submitted. A third party who reviews a single-family residential building permit application must: 1) review the application and take all other related actions in accordance with all requirements adopted by the municipality where the application was submitted; and 2) notify the municipality and the applicant of the review's results (A.R.S. § 9-470.01).
Provisions
1. Allows a property owner or a property owner's contractor or agent, for any single-trade residential construction project, to elect to use a private permitting provider to conduct a building plan review or inspection without approval from a municipality or county. (Sec. 1,2)
2. Allows a municipality or county to require that the property owner or the property owner's contractor or agent use a private permitting provider to conduct the inspection of a single-trade residential construction project if a property owner or property owner's contractor or agent elects to use the provider to conduct a building plan review for a single-trade residential construction project. (Sec. 1,2)
3. Requires a private permitting provider, if the provider has determined that the building plan complies with applicable building codes, to notify the municipality or county of the building plan's compliance on completion of a building plan review for a single-trade residential construction project. (Sec. 1,2)
4. Directs the municipality or county to issue the building permit not later than the third business day after the date the private permitting provider notified the municipality of the building plan compliance. (Sec. 1,2)
5. Prohibits the municipality or county from requiring the private permitting provider to submit the building plan for review. (Sec. 1,2)
6. Allows the property owner or the property owner's contractor or agent to begin constructing the single-trade residential construction project on the private permitting provider's notification to the municipality or county of the building plan's compliance. (Sec. 1,2)
7. Requires a private permitting provider to issue a private certificate of completion on completion of an inspection of a single-trade residential construction project if the provider determines that the project complies with the building permit application and all applicable building codes. (Sec. 1,2)
8. Allows a private permitting provider to use photographs, recorded videos or live video streams to conduct the inspection. (Sec. 1,2)
9. Directs a private permitting provider to submit a copy of the private certificate of completion to the municipality or county within 48 hours after issuing the private certificate of completion. (Sec. 1,2)
10. States that a private certificate of completion has the same validity as a certificate issued by a municipality or county. (Sec. 1,2)
11. Allows a municipality or county to track a private certificate of completion in the same manner as a certificate of completion issued by the municipality. (Sec. 1,2)
12. Prohibits a municipality or county from taking any discriminatory action against a property owner or a property owner's contractor or agent for using a private permitting provider. (Sec. 1,2)
13. Specifies that such discriminatory action includes imposing fees that are more than the fees that would be imposed if a private permitting provider was not used to conduct a building plan review or an inspection. (Sec. 1,2)
14. Requires a private permitting provider to maintain applicable professional liability insurance as outlined. (Sec. 1,2)
15. Mandates a municipality or county post on its website all building codes and permitting fee schedules. (Sec. 1,2)
16. Allows a private permitting provider to rely on applicable international model building safety codes to determine code compliance and to conduct an inspection if a municipality or county does not post all building codes and permitting fee schedules on its website. (Sec. 1,2)
17. Prohibits a municipality or county that has not posted all building codes and permitting fee schedules on its website from charging a permitting fee for a single-trade residential construction project that is permitted or inspected pursuant to the act. (Sec. 1,2)
18. Allows a municipality or county to maintain a registration process to verify that a private permitting provider meets the requirements of the act. (Sec. 1,2)
19. Stipulates that if a municipality or county maintains such a registration process, the municipality or county must post on its website a list of private permitting providers that are registered through the municipality's or county's registration process. (Sec. 1,2)
20. States that if a municipality or county maintains such a registration process, a private permitting provider that is included in the municipality's or county's posted list of registered providers or that is registered through another municipality or county must be available to perform a building plan review or inspection. (Sec. 1,2)
21. Allows a municipality or county that has abated or removed a nuisance that was the subject of a building plan review or inspection that was conducted by a private permitting provider pursuant to the act to prohibit that provider from conducting building plan reviews or inspections in that municipality or county. (Sec. 1,2)
22. Allows a provider prohibited by a municipality or county as such to appeal the prohibition to the governing body of the municipality or county. (Sec. 1,2)
23. Requires a municipality or county to provide the provider with a method to remove the prohibition at the provider's request. (Sec. 1,2)
24. Stipulates that the act does not:
a. limit or affect a county's or municipality's ability to define, abate or remove nuisances and punish people committing nuisances; or
b. preclude a county or municipality from imposing permit fees to recover the direct and indirect costs of issuing a building permit. (Sec. 1,2)
25. Specifies that a county or municipality that issues a permit, approval or certificate of occupancy after a plan review or inspection conducted by a private permitting provider has the immunity granted to a public entity for certain acts and omissions of its employees. (Sec. 1,2)
26. Limits the building plan review or inspection that a private permitting provider may conduct to only those within the discipline covered by the provider's registration or certificate regulations. (Sec. 1,2)
27. Defines pertinent terms. (Sec. 1,2)
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31. Initials GG/IG SB 1284
32. 3/25/2026 Page 0 Government
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