SB1241 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.21, to read:

START_STATUTE9-461.21. Private permitting providers; building permits certificates of completion; liability insurance; code and fee publication; definitions

A. For any single-trade residential construction project, the property owner or the property owner's contractor or agent may elect to use a private permitting provider to conduct a building plan review or inspection without approval from the municipality.

B. On completion of a building plan review for a single-trade residential construction project, if a private permitting provider has determined that the building plan complies with applicable building codes, the private permitting provider shall issue a private permit. The private permitting provider shall submit a copy of the private permit to the municipality within forty-eight hours after issuing the private permit. The municipality may not require the private permitting provider to submit the building plan to the municipality for review. The municipality shall accept and track the private permit in the same manner as a building permit that is issued by the municipality.

C. On completion of an inspection of a single-trade residential construction project, if a private permitting provider determines that the single-trade residential construction project complies with the building permit application and all applicable building codes, the private permitting provider shall issue a private certificate of completion. The private permitting provider may use photographs, recorded videos or live video streams to conduct the inspection. The private permitting provider shall submit a copy of the private certificate of completion to the municipality within forty-eight hours after issuing the private certificate of completion. The municipality shall accept and track the private certificate of completion in the same manner as a certificate of completion that is issued by the municipality.

D. A municipality may not impose any fees related to the review or processing of a private permit or private certificate of completion that is issued by a private permitting provider other than reasonable recording fees.

E. A municipality may not take any discriminatory action against the property owner or the property owner's contractor or agent for using a private permitting provider.

F. A private permitting provider may use software that is designed to automate the required review and building permit or certificate of completion process without the performance of an additional manual review by the private permitting provider.

G. A private permitting provider shall maintain applicable professional liability insurance in the amount established by the private permitting provider's registration or certification regulations.

H. A municipality shall post on the municipality's website all building codes and permitting fee schedules. If a municipality does not post all building codes and permitting fee schedules on the municipality's website, a private permitting provider may rely on applicable International model building safety codes to determine code compliance and conduct an inspection. A municipality that has not posted all building codes and permitting fee schedules on the municipality's website may not charge a permitting fee for a single-trade residential construction project that is permitted or inspected pursuant to this section.

I. For the purposes of this section:

1. "Building code" includes:

(a) plumbing and mechanical codes.

(b) electric codes.

(d) energy conservation codes.

(e) zoning and planning codes.

(f) building construction codes.

(g) property maintenance codes.

(h) antiblight codes.

2. "Private certificate of completion" means a certificate of completion that is issued by a private permitting provider.

3. "Private permit" means a building permit that is issued by a private permitting provider.

4. "Private permitting provider" means either of the following:

(a) A person or firm that is registered pursuant to title 32, chapter 1 to practice architecture or engineering.

(b) An inspector or plans examiner who is certified by an organization that develops model codes and standards for building safety.

5. "Single-trade residential construction project":

(a) Means Any construction project on the property of a single-family or multifamily residential dwelling unit that requires a building permit and that is limited to a single construction discipline.

(b) Includes Erecting, installing, enlarging, altering, repairing, removing, converting or replacing:

(i) A single utility system.

(ii) A heating, ventilation or air conditioning system.

(iii) A water heater or water-treatment appliance.

(iv) A solar system Photovoltaic or thermal system, an energy storage system or a combination.

(v) Roofing.

(vi) Exterior openings.

(vii) Stucco, plaster or siding.

(viii) Fencing. END_STATUTE

Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-810.02, to read:

START_STATUTE11-810.02. Private permitting providers; building permits; certificates of completion; liability insurance; code and fee publication; definitions

B. On completion of a building plan review for a single-trade residential construction project, if a private permitting provider has determined that the building plan complies with applicable building codes, the private permitting provider shall issue a private permit. The private permitting provider shall submit a copy of the private permit to the county within forty-eight hours after issuing the private permit. The county may not require the private permitting provider to submit the building plan to the county for review. The county shall accept and track the private permit in the same manner as a building permit that is issued by the county.

C. On completion of an inspection of a single-trade residential construction project, if a private permitting provider determines that the single-trade residential construction project complies with the building permit application and all applicable building codes, the private permitting provider shall issue a private certificate of completion. The private permitting provider may use photographs, recorded videos or live video streams to conduct an inspection. The private permitting provider shall submit a copy of the private certificate of completion to the county within forty-eight hours after issuing the private certificate of completion. The county shall accept and track the private certificate of completion in the same manner as a certificate of completion that is issued by the county.

D. A county may not impose any fees related to the review or processing of a private permit or private certificate of completion that is issued by a private permitting provider other than reasonable recording fees.

E. A county may not take any discriminatory action against the property owner or the property owner's contractor or agent for using a private permitting provider.

G. A private permitting provider shall maintain applicable professional liability insurance in the amount established by the private permitting provider's registration or certification regulations.

H. A county shall post on the county's website all building codes and permitting fee schedules. If a county does not post all building codes and permitting fee schedules on the county's website, a private permitting provider may rely on applicable INTERNATIONAL model building safety codes to determine code compliance and conduct an inspection. A county that has not posted all building codes and permitting fee schedules on the county's website may not charge a permitting fee for a single-trade residential construction project that is permitted or inspected pursuant to this section.

I. For the purposes of this section:

1. "Building code" includes:

(a) plumbing and mechanical codes.

(b) electric codes.

(d) energy conservation codes.

(e) zoning and planning codes.

(f) building construction codes.

(g) property maintenance codes.

(h) antiblight codes.

2. "Private certificate of completion" means a certificate of completion that is issued by a private permitting provider.

3. "Private permit" means a building permit that is issued by a private permitting provider.

4. "Private permitting provider" means either of the following:

(a) A person or firm that is registered pursuant to title 32, chapter 1 to practice architecture or engineering.

(b) An inspector who is certified by an organization that develops model codes and standards for building safety or by a national professional electrical trade association.

5. "Single-trade residential construction project":

(a) Means Any construction project on the property of a single-family or multifamily residential dwelling unit that requires a building permit and that is limited to a single construction discipline.

(b) Includes Erecting, installing, enlarging, altering, repairing, removing, converting or replacing:

(i) A single utility system.

(ii) A heating, ventilation or air conditioning system.

(iii) A water heater or water-treatment appliance.

(iv) A solar Photovoltaic or thermal system, an energy storage system or a combination system.

(v) Roofing.

(vi) Exterior openings.

(vii) Stucco, plaster or siding.

(viii) Fencing. END_STATUTE