SB1481 - 572R

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

Section 1. Section 23-491, Arizona Revised Statutes, is amended to read:

START_STATUTE23-491. Definitions

In this article, unless the context otherwise requires:

1. "Authorized representative" means the elevator chief and elevator inspector employed by the division.

2. "Certificate" means a certificate of inspection issued by the division.

3. "Commission" means the industrial commission of Arizona.

4. "Conveyance":

(a) Means an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist, material hoist, stage lift and special purpose personnel elevator. , excluding

(b) Does not include conveyances located at mines and that are subject to regulation and inspection by the state mine inspector pursuant to title 27, chapter 3.

5. "Director" means the director of the division of occupational safety and health.

6. "Division" means the division of occupational safety and health of the industrial commission.

7. "Dumbwaiter" means a hoisting and lowering mechanism with a car of limited capacity and size that moves in guides in a substantially vertical direction and that is used exclusively for carrying material.

8. "Elevator" means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in substantially vertical direction and that serves two or more floors of a building or structure.

9. "Elevator company" means a person that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining conveyances.

10. "Elevator contractor" means a person that has been issued an elevator contractor's license pursuant to title 32, chapter 10 and that employs at least one elevator mechanic.

11. "Elevator mechanic" means a person who is certified by the state board of technical registration to engage in erecting, constructing, installing, altering, servicing, repairing, testing and maintaining elevators and conveyances.

10. 12. "Escalator" means a power driven power-driven, inclined, continuous stairway used for raising or lowering passengers.

11. 13. "Interested party" means the commission and its agents and the owner or operator who has been issued a correction order.

12. 14. "Manlift" means a device consisting that consists of a power driven power-driven endless belt moving in one direction only and provided with steps or platforms and attached handholds for the transportation of and that transports personnel from floor to floor.

13. 15. "Material hoist":

(a) Means a hoist for raising and lowering materials only. and prohibiting the hoisting of

(b) does not include a hoist for persons.

14. 16. "Moving walk" means a type of passenger carrying device on which passengers stand or walk and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted.

15. 17. "Owner" or "operator":

(a) Means an individual or organization including this state and all political subdivisions of this state who that has title to, controls or has the duty to control the operation of one or more conveyances. , but shall

(b) does not include an individual or organization that is engaged in mining or metallurgical operations and whose operation is subject to regulation and inspection by the state mine inspector pursuant to title 27, chapter 3.

16. 18. "Personnel hoist":

(a) Means a mechanism for use that is used in connection with the construction, alteration, maintenance or demolition of a building, structure or other work, that is used for hoisting and lowering workers and materials and that is equipped with a car that moves on guide members during its vertical movement. The term

(b) Includes a hoistway of a personnel hoist.

17. 19. "Private elevator inspector" means an individual who is authorized by the commission under section 23-491.16 to conduct inspections under this article.

18. 20. "Special purpose personnel elevator" means a passenger, hand powered hand-powered, counterweighted device or an electric powered electric-powered device that travels vertically in guides and that serves two or more landings.

19. 21. "Stage lift" means a hoisting and lowering mechanism equipped with a platform that moves in guides in a substantially vertical direction and that serves one or more landings. END_STATUTE

Sec. 2. Section 23-491.02, Arizona Revised Statutes, is amended to read:

START_STATUTE23-491.02. Owners and operators; duties

Every each owner and operator of a conveyance shall:

1. Construct, furnish, maintain and provide safe and adequate devices with which to safely and properly convey or move all persons and material utilizing using the services offered by the owner or operator of such device devices.

2. Comply with all standards and regulations issued pursuant to this article.

3. Ensure that a the conveyance is inspected at all of the following times:

(a) Before placing a the conveyance in operation after the initial installation of the conveyance.

(b) After modification or alteration of a the conveyance.

(c) After the inspection pursuant to subdivision (a) of this paragraph, annually or as otherwise directed by the commission.

4. Ensure that the conveyance is installed, serviced or repaired by an elevator contractor or an elevator mechanic who is employed by an elevator contractor pursuant to the requirements of this article and rules adopted pursuant to this article. END_STATUTE

Sec. 3. Heading changes

A. The chapter heading of title 32, chapter 1, Arizona Revised Statutes, is changed from "Architects, Engineers, Geologists, Home Inspectors, Landscape Architects and Surveyors" to "Technical Professions".

B. The article heading of title 32, chapter 1, article 1, Arizona Revised Statutes, is changed from "Board of Technical Registration" to "State Board of Technical Registration".

Sec. 4. Section 32-101, Arizona Revised Statutes, is amended to read:

START_STATUTE32-101. Purpose; definitions

A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation adopting and enforcement of enforcing standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter.

B. In this chapter, unless the context otherwise requires:

1. "Advertising" includes business cards, signs or letterhead provided by a person to the public.

2. "Alarm" or "alarm system":

(a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.

(b) Includes:

(i) A silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.

(ii) A low-voltage electric fence.

(c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.

3. "Alarm agent":

(a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems.

(b) Does not include any action by a person that who:

(i) Is performed performs any action in connection with an alarm system located on the person's own property or the property of the person's employer.

(ii) Is acting on behalf of an alarm business and whose work duties do not include visiting the location where an alarm system installation occurs.

4. "Alarm business":

(a) Means any person who, either alone or through a third party, engages in the business of either of the following:

(i) Providing alarm monitoring services.

(ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.

(b) Does not include any of the following:

(i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.

(ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.

(iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.

(iv) The installation or monitoring of fire alarm systems.

(v) An alarm system that is operated by a city or town.

5. "Alarm subscriber" means any person who:

(a) Leases, rents or purchases any monitored alarm system or service from an alarm business.

(b) Leases or rents an alarm system.

6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture and is registered as an architect pursuant to this chapter.

7. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person is deemed to practice or offer to practice architecture who in any manner represents that the person is an architect or is able to perform any architectural service or other services recognized by educational authorities as architecture.

8. "Board" means the state board of technical registration.

9. "Controlling person":

(a) Means a person who is designated by an alarm business.

(b) Does not include an alarm agent.

10. "conveyance" has the same meaning prescribed in section 23-491.

11. "elevator" has the same meaning prescribed in section 23-491.

12. "Elevator contractor" means a person that has been issued an elevator contractor's license pursuant to chapter 10 of this title and that employs at least one elevator mechanic.

13. "Elevator mechanic" means a person who is certified by the board pursuant to section 32-122.04 to engage in erecting, constructing, installing, altering, servicing, repairing, testing and maintaining elevators and conveyances.

10. 14. "Engineer" means a person who by reason of engineering education, training and experience may apply engineering principles and interpret engineering data.

11. 15. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience in applying engineering principles and interpreting engineering data to engineering activities that clearly impact the health, safety and welfare of the public and the engineering design of buildings, structures, products, machines, processes and systems to the extent that the engineering education, training and experience requirements prescribed by sections 32-122 and 32-122.01 are necessary to protect the health, safety and welfare of the public. The services or creative work may include providing planning services, studies, designs, design coordination, drawings, specifications and other technical submissions, surveying as prescribed in paragraph 22 26, subdivisions (d) and (e) of this subsection, and reviewing construction or other design products for the purposes of monitoring compliance with drawings and specifications related to engineered works. A person employed on a full-time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall is not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer. A person is deemed to practice engineering if the person does any of the following:

(a) Practices any discipline of the profession of engineering or holds out to the public that the person is able and authorized to practice any discipline of engineering.

(b) Represents to the public that the person is a professional engineer by a verbal claim, sign, advertisement, letterhead or card or in any other manner.

12. 16. "Engineer-in-training" means a candidate for registration as a professional engineer who both:

(a) Is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or has four years or more of education or experience, or both, in engineering work that meets standards specified by the board in its rules.

(b) Has passed the engineer-in-training examination.

13. 17. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.

14. 18. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.

15. 19. "Geologist" means a person, who is not required to be a professional engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person who is employed on a full-time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals is not deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.

16. 20. "Geologist-in-training" means a candidate for registration as a professional geologist who both:

(a) Is a graduate of a school approved by the board or has four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules.

(b) Has passed the geologist-in-training examination.

17. 21. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:

(a) Heating system.

(b) Cooling system.

(d) Electrical system.

(e) Structural components.

(f) Foundation.

(g) Roof covering.

(h) Exterior and interior components.

(i) Site aspects as they affect the building.

(j) Pursuant to rules adopted by the board, swimming pool and spa.

18. 22. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.

19. 23. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.

20. 24. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.

21. 25. "Landscape architectural practice":

(a) Means performing professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards.

(b) Includes locating and arranging such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph.

(c) Does not include making cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.

22. 26. "Land surveying practice" means performing one or more of the following professional services:

(a) Measuring land to determine the position of any monument or reference point that marks a property line, boundary or corner for the purpose of determining the area or description of the land.

(b) Locating, relocating, establishing, reestablishing, setting, resetting or replacing of corner monuments or reference points that identify land boundaries, rights-of-way or easements.

(d) Measuring by angles, distances and elevations natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparing and perpetuating field note records and maps depicting these features.

(e) Setting, resetting or replacing points to guide the location of new construction.

23. 27. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full-time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals is not deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.

24. 28. "Land surveyor-in-training" means a candidate for registration as a professional land surveyor who both:

(a) Is a graduate of a school and curriculum approved by the board or has four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules.

(b) Has passed the land surveyor-in-training examination.

25. 29. "Low-voltage electric fence" means a fence that meets all of the following requirements:

(a) Has an electric fence energizer that is powered by a commercial storage battery with a rated voltage of not more than twelve volts and that produces an electric charge on contact with the fence.

(b) Is completely enclosed by a nonelectric fence or wall.

(d) Is attached to ancillary components or equipment such as closed circuit television systems, access controls, battery recharging devices and video cameras.

(e) Does not exceed ten feet in height or two feet higher than the nonelectric fence or wall described in subdivision (b) of this paragraph, whichever is higher.

(f) Has identification warning signs attached at intervals of not more than sixty feet.

(g) Is not installed in an area zoned exclusively for single family or multifamily residential use.

(h) Does not enclose property that is used for residential purposes.

26. 30. "Monitored alarm" means a device that is designed to detect an entry on any premises and that if activated generates a notification signal.

27. 31. "Person" means any individual, firm, partnership, corporation, association or other organization.

28. 32. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.

29. 33. "Professional engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering and is registered as a professional engineer pursuant to this chapter.

30. 34. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.

31. 35. "Registrant" means a person who is registered or certified by the board.

32. 36. "Registration" means a registration or certification that is issued by the board. END_STATUTE

Sec. 5. Section 32-102, Arizona Revised Statutes, is amended to read:

START_STATUTE32-102. State board of technical registration; members; vacancies; terms

A. The state board of technical registration is established consisting of members who are appointed by the governor as follows:

1. One architect two architects.

2. One two professional engineer engineers.

3. Six three public members, at least one of whom has a legal, construction or design product background.

4. One landscape architect.

5. One geologist.

6. One land surveyor.

7. One elevator mechanic.

8. one home inspector.

9. one alarm business controlling person.

B. On the expiration of any of the terms, a successor who is qualified pursuant to subsection A of this section shall be appointed for a full term of three years. The governor may remove a member of the board for misconduct, incapacity or neglect of duty. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term.

C. A member may not serve more than two consecutive terms.END_STATUTE

Sec. 6. Title 32, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 32-111, to read:

START_STATUTE32-111. Elevator mechanics safety and standards committee; members; duties; rules; compensation

A. The elevator mechanics safety and standards committee of the state board of technical registration is established and consists of:

1. One qualified elevator inspector who holds a current qualified elevator inspector credential issued by an accreditation entity recognized under the American society of mechanical engineers QEI-1 standard and who is appointed by the board for a three-year term.

2. One representative of an elevator equipment manufacturer trade organization who is appointed by the board for a three-year term. The board shall select this member from a list of names submitted to the board by at least one ELEVATOR service company or statewide elevator industry association organization.

3. One representative of an elevator service company who is appointed by the board for a three-year term. The board shall select this member from a list of names submitted to the board by at least one elevator service company or statewide elevator industry association.

4. one certified elevator mechanic who is appointed by the board to serve a three-year term, who holds an ACTIVE certification and who has at least five years of experience as an elevator mechanic.

5. Two members of the board who are appointed by the chairperson of the board and who serve staggered three-year terms.

6. one fire safety professional.

B. The committee is responsible for drafting rules and providing recommendations to the board that define the conduct of elevator mechanics and such other rules and standards related to the elevator mechanic profession.

C. The committee may participate in:

1. The investigation and review of elevator mechanic complaints as provided by the board.

2. The review and evaluation of elevator mechanic applications as provided by the board.

D. Members of the elevator mechanics safety and standards committee are eligible to receive compensation pursuant to title 38, chapter 4, article 1. END_STATUTE

Sec. 7. Title 32, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 32-122.04, to read:

START_STATUTE32-122.04. Certification of elevator mechanics; qualifications; temporary certification; annual safety updates

A. A person must be certified as an elevator mechanic pursuant to this article and work under the direct supervision of a qualifying party licensed pursuant to chapter 10 of this title to work on conveyances and elevators in this state. a certified elevator mechanic shall perform all work on elevators and conveyances in compliance with applicable elevator safety standards and INSPECTION requirements adopted pursuant to title 23, chapter 2, article 12.

B. a person who wishes to be certified as an elevator mechanic shall meet both of the following:

1. Have completed a department of economic security or United States department of labor apprenticeship program with eight thousand hours of on-the-job training and five hundred seventy-six hours of classroom instruction to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators and conveyances.

2. Pass the elevator mechanic examination as approved by the board.

C. Notwithstanding subsection B of this section, for one year after the effective date of this section, the board may issue an elevator mechanic certificate to an applicant who pays the fee required by the board and submits an application with documentation from a primary source that demonstrates the applicant has worked as an elevator mechanic without supervision for at least eight thousand hours within the previous six years.

D. If the board determines that an elevator contractor encounters a verifiable shortage of certified elevator mechanics, the board may issue a temporary elevator mechanic certificate to an elevator apprentice who can provide documentation from a primary source demonstrating that the apprentice is currently enrolled in an elevator apprenticeship program and has completed a minimum of four thousand hours of elevator industry experience. temporary elevator mechanic certification pursuant to this subsection may be active not longer than six months, except that the board may extend a temporary certification for an additional six months if the board determines that the verifiable shortage of certified elevator mechanics still exists and the elevator mechanic receiving temporary certification remains employed by the requesting elevator contractor.

E. When renewing an elevator mechanic certification, the board shall require each certified elevator mechanic to have at least eight hours of annual technical safety updates approved by the board. END_STATUTE

Sec. 8. Section 32-1101, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1101. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Advertisement":

(a) Means any written or oral publication, dissemination, solicitation or circulation that is intended to directly or indirectly induce any person to enter into an agreement for contracting services with a contractor. , including

(b) INCLUDES business cards and telephone directory display advertisements.

2. "Commercial contractor" is synonymous with the terms "commercial builder", "industrial builder" and "public works builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others, except within residential property lines, to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.

(b) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

3. "Contractor":

(a) Is synonymous with the term "builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others to:

(i) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.

(ii) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

(iii) Provide mechanical or structural service for any such structure or improvements.

(b) Includes subcontractors, specialty contractors, floor covering contractors, hardscape contractors and consultants who represent that they are able to supervise or manage a construction project for the property owner's benefit, including hiring and firing specialty contractors, scheduling work on the project and selecting and purchasing construction material.

4. "Conveyance" has the same meaning prescribed in section 23-491.

4. 5. "Dual licensed contractor" is synonymous with the term "commercial and residential builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that for compensation undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others under a single license on commercial or residential property to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, excavation or other structure or improvement, including any appurtenances, or to do any part thereof.

(b) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

6. "Elevator" has the same meaning prescribed in section 23-491.

7. "Elevator contractor" means a person that has been issued an elevator contractor's license pursuant to this chapter and that employs at least one elevator mechanic.

8. "Elevator mechanic" means a person who is certified pursuant to section 32-122.04 and rules adopted by the state board of TECHNICAL registration to engage in erecting, constructing, installing, altering, servicing, repairing, testing and maintaining elevators and conveyances.

5. 9. "License" means an authorization for the person who is listed on the electronic, paper or other records maintained by the registrar to act in the capacity of a contractor.

6. 10. "Named on a license" means required to be identified as required pursuant to section 32-1122, subsection B.

7. 11. "Person" means a corporation, company, partnership, firm, association, trust, society or natural person.

8. 12. "Qualifying party" means a person who is responsible for a licensee's actions and conduct performed under the license and who either:

(a) Has an ownership interest in the license.

(b) Is regularly employed by the licensee.

9. 13. "Registrar" means the registrar of contractors.

10. 14. "Residential contractor":

(a) Is synonymous with the term "residential builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that for compensation undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, or does himself or by or through others, within residential property lines:

(i) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any residential structure, such as houses, townhouses, condominiums or cooperative units and any appurtenances on or within residential property lines.

(ii) Connect such a residential structure to utility service lines, metering devices or sewer lines.

(iii) Provide mechanical or structural service for any such residential structure.

(b) Does not include an owner making improvements to the owner's property pursuant to section 32-1121, subsection A, paragraph 5.

B. Only contractors as defined in this section are licensed and regulated by this chapter. END_STATUTE

Sec. 9. Section 32-1121, Arizona Revised Statutes, as amended by Laws 2019, chapter 140, section 1, is amended to read:

START_STATUTE32-1121. Persons not required to be licensed; penalties; applicability

A. This chapter does not apply to:

1. An authorized representative of the United States government, this state or any county, incorporated city or town, reclamation district, irrigation district or other municipality or political subdivision of this state.

2. Trustees of an express trust that is not formed for the purpose of conducting business as a contractor or officers of a court, if they are acting within the terms of their trust or office.

3. Public utilities operating under regulation of the corporation commission or construction, repair or operation incidental to discovering or producing petroleum or gas, or drilling, testing, abandoning or otherwise operating a petroleum or gas well, if performed by an owner or lessee.

4. Any materialman, manufacturer or retailer that furnishes finished products, materials or articles of merchandise and that does not install or attach such items or installs or attaches such items if the total value of the sales contract or transaction involving such items and the cost of the installation or attachment of such items to a structure does not exceed $1,000, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet using a two-pronged or three-pronged electrical connector or that has internal batteries that do not exceed twelve volts in a single, series or parallel configuration and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure. The materialman, manufacturer or retailer shall inform the purchaser that the installation may also be performed by a licensed contractor whose name and address the purchaser may request.

5. Owners of property who improve such property or who build or improve structures or appurtenances on such property and who do the work themselves, with their own employees or with duly licensed contractors, if the structure, group of structures or appurtenances, including the improvements thereto, are intended for occupancy solely by the owner and are not intended for occupancy by members of the public as the owner's employees or business visitors and the structures or appurtenances are not intended for sale or for rent. In all actions brought under this chapter, except an action against an owner-occupant as defined in section 33-1002, proof of the sale or rent or the offering for sale or rent of any such structure by the owner-builder within one year after completion or issuance of a certificate of occupancy is prima facie evidence that such a project was undertaken for the purpose of sale or rent. For the purposes of this paragraph, "sale" or "rent" includes any arrangement by which the owner receives compensation in money, provisions, chattels or labor from the occupancy or the transfer of the property or the structures on the property.

6. Owners of property who are acting as developers and who build structures or appurtenances to structures on their property for the purpose of sale or rent and who contract for such a project with a general contractor licensed pursuant to this chapter and owners of property who are acting as developers, who improve structures or appurtenances to structures on their property for the purpose of sale or rent and who contract for such a project with a general contractor or specialty contractors licensed pursuant to this chapter. To qualify for the exemption under this paragraph, the licensed contractors' names and license numbers shall be included in all sales documents.

7. Architects or engineers who are engaging in their professional practice as defined in chapter 1 of this title and who hire or offer to hire the services of a contractor for preconstruction activities relating to investigation and discovery, including:

(a) Subsurface utility location and designation services.

(b) Potholing.

(i) Soil samples.

(ii) Rock samples.

(iii) Pavement samples.

(d) Locating existing features of a building or structure, including existing electrical, mechanical, plumbing and structural members.

8. A person licensed, certified or registered pursuant to title 3, chapter 20 or a person working under the direct supervision of a person certified or qualified pursuant to title 3, chapter 20 to the extent the person is engaged in pest management.

9. The sale or installation of finished products, materials or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. This exemption does not apply if a local building permit is required, if the total price of the finished product, material or article of merchandise, including labor but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet using a two-pronged or three-pronged electrical connector or that has internal batteries that do not exceed twelve volts in a single, series or parallel configuration and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, is more than $1,000 or if the removal of the finished product, material or article of merchandise causes material damage to the structure or renders the structure unfit for its intended use.

10. Employees of the owners of condominiums, townhouses, cooperative units or apartment complexes of four units or less or the owners' management agent or employees of the management agent repairing or maintaining structures owned by them.

11. Any person who engages in the activities regulated by this chapter, as an employee of an exempt property owner or as an employee with wages as the person's sole compensation.

12. A surety company or companies that are authorized to transact business in this state and that undertake to complete a contract on which they issued a performance or completion bond if all construction work is performed by duly licensed contractors.

13. Insurance companies that are authorized to transact business in this state and that undertake to perform repairs resulting from casualty losses pursuant to the provisions of a policy if all construction work is performed by duly licensed contractors.

14. Any person other than a licensed contractor engaging in any work or operation on one undertaking or project by one or more contracts, for which the aggregate contract price, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet using a two-pronged or three-pronged electrical connector or that has internal batteries that do not exceed twelve volts in a single, series or parallel configuration and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, is less than $1,000. The work or operations that are exempt under this paragraph shall be of a casual or minor nature. This exemption does not apply:

(a) In any case in which the performance of the work requires a local building permit.

(b) In any case in which the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $1,000, excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet using a two-pronged or three-pronged electrical connector or that has internal batteries that do not exceed twelve volts in a single, series or parallel configuration and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, for the purpose of evasion of this chapter or otherwise.

(c) To a person who uses any form of advertising to the public in which the person's unlicensed status is not disclosed by including the words "not a licensed contractor" in the advertisement.

15. A person who is licensed, certified or registered pursuant to title 41, chapter 37, article 4 and who is not otherwise required to be licensed under this chapter or an employee of such person.

16. A person who functions as a gardener by performing lawn, garden, shrub and tree maintenance.

17. Alarm agents as defined in section 32-101.

18. Cable television, satellite television and telecommunications providers, including data and related services of cable television, satellite television and telecommunications providers including contractors and subcontractors of cable television, satellite television and telecommunications providers if the work of the contractors and subcontractors is limited to installing low-voltage cable, telephone services, internet services and data service. Installation Installing does not include digging, trenching, grading, horizontal boring, compacting or filling earthen or other material before the service drop of the commercial or residential structure.

B. A person who is licensed to perform work in a particular trade pursuant to this chapter is not required to obtain and maintain a separate license for mechanical or structural service work the person performs within the scope of that trade.

C. Any person who does not have an exemption from licensure pursuant to subsection A, paragraph 14, subdivision (c) of this section is subject to prosecution for a violation of section 44-1522. The attorney general may investigate the act or practice and take appropriate action pursuant to title 44, chapter 10, article 7.

D. The exemptions from licensure pursuant to subsection A, paragraphs 4, 9 and 14 of this section do not apply to either any of the following:

1. All fire safety and mechanical, electrical and plumbing work that is done in connection with fire safety installation and fire safety maintenance and repair. For the purposes of this paragraph, "fire safety installation" means hardwired or interconnected smoke alarms and fire sprinklers and does not include an individual device that is attached by a nail, screw or other fastening device to the frame or foundation of any residential unit. For the purposes of this paragraph, fire safety maintenance and repair does not include routine work that is conducted by an employee of an apartment or condominium complex and that is incidental to the fire safety equipment.

2. All work done, including installing, maintaining and repairing devices, appliances or equipment, that involves connecting to any supply of natural gas, propane or other petroleum or gaseous fuel. This paragraph does not impact the effect of section 36-1624.01.

3. All work by an elevator contractor or elevator mechanic, including the installation, service, testing and repair of elevators and elevator equipment. The installation, service, testing and repair of elevators and elevator equipment does not include routine work that is conducted by an employee of an elevator contractor and that does not involve the actual physical installation, maintenance, testing or repair of elevators or elevator equipment. END_STATUTE

Sec. 10. Section 32-1121, Arizona Revised Statutes, as amended by Laws 2019, chapter 145, section 5, is amended to read:

START_STATUTE32-1121. Persons not required to be licensed; penalties; applicability

A. This chapter does not apply to:

2. Officers of a court or trustees of an express trust that is not formed for the purpose of conducting business as a contractor, if they are acting within the terms of their office or trust.

3. Public utilities operating under regulation of the corporation commission or construction, repair or operation incidental to discovering or producing petroleum or gas, or the drilling, testing, abandoning or other operation of a petroleum or gas well, if performed by an owner or lessee.

4. Except as provided in subsection D of this section, any materialman, manufacturer or retailer who informs the purchaser that the installation may also be performed by a licensed contractor whose name and address the purchaser may request, and who furnishes finished products, materials or articles of merchandise and who either:

(a) Does not install or attach such items.

(b) Installs or attaches such items if the total value of the sales contract or transaction involving such items and the cost of the installation or attachment of such items to a structure does not exceed $1,000, including labor, materials and all other items, but excluding any electrical fixture or appliance that meets all of the following:

(i) Was designed by the manufacturer.

(ii) Is unaltered, unchanged or unmodified by any person.

(iii) Can be plugged into a common electrical outlet.

5. Owners of property who improve such property or who build or improve structures or appurtenances on such property and who do the work themselves, with their own employees or with duly licensed contractors, if the structure, group of structures or appurtenances, including the improvements thereto, are intended for occupancy solely by the owner and are not intended for occupancy by members of the public as the owner's employees or business visitors and the structures or appurtenances are not intended for sale or for rent. In all actions brought under this chapter, except an action against an owner-occupant as defined in section 33-1002, proof of the sale or rent or the offering for sale or rent of any such structure by the owner-builder within one year after completion or issuance of a certificate of occupancy is prima facie evidence that such project was undertaken for the purpose of sale or rent. For the purposes of this paragraph, "sale" or "rent" includes any arrangement by which the owner receives compensation in money, provisions, chattels or labor from the occupancy or the transfer of the property or the structures on the property.

(a) Subsurface utility location and designation services.

(b) Potholing.

(i) Soil samples.

(ii) Rock samples.

(iii) Pavement samples.

(d) Locating existing features of a building or structure, including existing electrical, mechanical, plumbing and structural members.

9. Except as provided in subsection D of this section, the sale or installation of finished products, materials or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. This exemption does not apply if a local building permit is required, if the removal of the finished product, material or article of merchandise causes damage to the structure or renders the structure unfit for its intended use or if the total price of the finished product, material or article of merchandise is more than $1,000, including labor but excluding any electrical fixture or appliance that meets all of the following:

(a) Was designed by the manufacturer.

(b) Is unaltered, unchanged or unmodified by any person.

11. Any person who engages in the activities regulated by this chapter, as an employee of an exempt property owner or as an employee with wages as the person's sole compensation.

12. A surety company or companies that are authorized to transact business in this state and that undertake to complete a contract on which they issued a performance or completion bond, if construction work is performed by duly licensed contractors.

13. Insurance companies that are authorized to transact business in this state and that undertake to perform repairs resulting from casualty losses pursuant to the provisions of a policy, if construction work is performed by duly licensed contractors.

14. Except as provided in subsection D of this section, any person other than a licensed contractor engaging in any work or operation on one undertaking or project by one or more contracts, for which the aggregate contract price is less than $1,000, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person and that can be plugged into a common electrical outlet. The work or operations that are exempt under this paragraph must be of a casual or minor nature. This exemption does not apply:

(a) In any case in which the performance of the work requires a local building permit.

(c) To a person who utilizes any form of advertising to the public in which the person's unlicensed status is not disclosed by including the words "not a licensed contractor" in the advertisement.

15. A person who is licensed, certified or registered pursuant to title 41, chapter 37, article 4 and who is not otherwise required to be licensed under this chapter or an employee of such person.

16. A person who functions as a gardener by performing lawn, garden, shrub and tree maintenance.

17. Alarm agents as defined in section 32-101.

B. A person who is licensed to perform work in a particular trade pursuant to this chapter is not required to obtain and maintain a separate license for mechanical or structural service work performed within the scope of such trade by such person.

D. The exemptions from licensure pursuant to subsection A, paragraphs 4, 9 and 14 of this section do not apply to either any of the following:

2. All work that is done, including the installation, maintenance and repair of devices, appliances or equipment, that involves the connecting to any supply of natural gas, propane or other petroleum or gaseous fuel. Nothing in this paragraph impacts the effect of section 36-1624.01.

E. A joint venture or other combination of persons, firms, partnerships, corporations, associations or other organizations is not required to obtain a separate contractor's license in its own name if all of the following apply:

1. At least one member of the joint venture or combination holds a contractor's license in good standing with the registrar.

2. Each member of the joint venture or combination that acts as a contractor holds a license in good standing with the registrar.

3. Each licensed member of the joint venture or combination only performs work within the scope of that member's contractor's license or licenses. END_STATUTE

Sec. 11. Retention of members

Notwithstanding section 32-102, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of technical registration on the effective date of this act may continue to serve until the expiration of their normal terms. All subsequent appointments shall be as prescribed by statute.