ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: March 18, 2024
SUBJECT: Strike everything amendment to H.B. 2846, relating to hoophouses; building
permits; exemption
Purpose
Exempts the construction of a hoophouse or a polyhouse from municipal and county
building permit requirements if certain requirements are met.
Background
A common council has the power to adopt ordinances for the government of the
corporation, its officers and persons within its corporate limits needful for the good government
and order of the municipality. The legislative body of a municipality also has authority to enforce
any zoning ordinance enacted in accordance with statute in the same manner as other municipal
ordinances are enforced. By ordinance, the legislative body must establish all necessary and
appropriate rules and procedures governing application for zoning amendment, review and
approval of plans, issuance of any necessary permits or compliance certificates, inspection of
buildings, structures and lands and any other actions which may be considered necessary or
desirable for enforcement of the zoning ordinance (A.R.S. §§ 9-240 and 9-462.05).
Except in cities and towns that have no ordinance relating to the issuance of building
permits, a county BOS must require a building permit for any construction within its jurisdiction
of a building or an addition to a building exceeding a cost of $1,000 (A.R.S. § 11-321).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Exempts the construction of a hoophouse or a polyhouse from municipal and county building
permit requirements if the hoophouse or the polyhouse meets the following requirements:
a) the structure does not have a permanent anchoring system or foundation;
b) there is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals
or flammable materials;
c) the structure is not wider than 31 feet and there is an unobstructed path of not more than
150 feet from any point to a door or fully accessible wall; and
d) the covering of the structure is of material no greater than 12 mils in thickness, that
conforms to the National Fire Protection Association standard methods of fire tests for
flame propagation of textiles and films (NFPA 701) and that yields approximately four
pounds of maximum impact resistance to provide egress through the wall.
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
H.B. 2846
Page 2
2. Allows a municipality or county to adopt an ordinance to regulate a hoophouse's or a
polyhouse's height above the fence line if the structure is located on a lot less than one acre in
size within a residential community.
3. Requires a device permit if a hoophouse or a polyhouse contains a devise that is subject to
existing municipal or county electrical or mechanical codes and regulations.
4. Requires a permit for backflow prevention devices contained within the potable water system
if the hoophouse or the polyhouse is connected to a potable water system.
5. Defines hoophouse and polyhouse as a temporary greenhouse used exclusively for producing
and storing live plants.
6. Becomes effective on the general effective date.