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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
assisted living homes; occupancy; zoning
Purpose
Prohibits a municipality or county from adopting, enforcing or maintaining any ordinance or other regulation regarding occupancy caps for assisted living facilities or homes.
Background
Statute authorizes municipalities and counties to adopt zoning ordinances
and building codes to conserve and promote the public health, safety,
convenience and general welfare regarding the regulation of buildings,
structures and land (A.R.S. §§ 9-462.01;
11-811;
and
11-861).
Health care institutions in Arizona, including assisted living facilities or homes, are licensed and overseen by the Department of Health Services (DHS), including enforcement of health care institution statutes, rules and regulations. DHS must: 1) review and approve plans and specifications for institution construction or modification; 2) have access to books, records, accounts and any other necessary health care institution information; and 3) require nursing care institutions and assisted living facilities to provide annual influenza and pneumonia vaccines to residents. Additionally, DHS may: 1) inspect every part of a health care institution to ensure compliance with standard medical practice; 2) conduct investigations of health care institution conditions and problems with noncompliance; and 3) develop facility manuals and guides to health care institutions and the general public. A person must not establish, conduct or maintain a health care institution or any subclass of a health care institution in Arizona unless that person holds a current and valid license issued by DHS (A.R.S. §§ 36-406 and 36-407).
Assisted living facilities are residential care institutions, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. Assisted living homes are an assisted living facility that provides resident rooms to 10 or fewer residents (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality or county from adopting, enforcing or maintain any law, ordinance or other regulation relating to the operation of an assisted living facility or home that does any of the following:
a) imposes a cap on the number of residents who may reside at an assisted living facility or home that is lower than the number of residents that are allowed by the assisted living statute, rules adopted by DHS or the assisted living facility's or home's license;
b) restricts an assisted living facility or home from operating in an area that is zoned for residential use based on either;
i. the number of residents who reside at the assisted living facility or home if the number of residents is in compliance with the number of residents that are allowed by the assisted living statutes, rules adopted by DHS or the assisted living facility's or home's license; or
ii. the classification of the assisted living facility or home as a health care institution or assisted living use; or
c) requires an assisted living facility or home to obtain a variance, conditional use permit, reasonable accommodation or rezoning based solely on the number of residents who reside at the assisted living facility or home.
2. Allows a municipality or county to adopt, enforce or maintain building, fire, safety and health codes and regulations that are related to an assisted living facility or home if the codes and regulations do not have the effect of imposing an occupancy limit that is more restrictive than those that are allowed by the assisted living statutes, rules adopted by DHS or the assisted living facility's or home's license.
3. Allows a person to assert a violation of the occupancy and zoning regulations and bring an action for declaratory or injunctive relief in a court of competent jurisdiction.
4. Allows the court to award attorney fees and costs to a prevailing plaintiff.
5. States that the occupancy regulation of an assisted living facility or home:
a) is of statewide concern and not subject to further regulations by a municipality or county; and
b) preempts all inconsistent laws, ordinances or other regulations that limit the occupancy of an assisted living facility or home and that are adopted by the municipality or county.
6. Defines assisted living facility as a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis.
7. Defines assisted living home as an assisted living facility that provides resident rooms to 10 or fewer residents.
8. Defines health care institution as every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies, outdoor behavioral health care programs and hospice service agencies.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a municipality or county may adopt, enforce or maintain, rather than only enforce, any building, fire, safety or health codes and regulations that are related to an assisted living facility or home.
2. Removes the condition that building, fire, safety and health codes and regulations be applied uniformly to all similar residential dwellings for a municipality or county to enforce the codes and regulations.
3. Narrows the state preemption on the regulation of assisted living facilities or homes to only occupancy regulations.
4. Makes conforming changes.
Senate Action
RAGE 2/11/26 DPA 6-0-1
Prepared by Senate Research
February 12, 2026
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