HB 2846
Initials SJ/AC Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: GOV DP 9-0-0-0 | 3
rd
Read 57-0-2-0-1
Senate: GOV DPA/SE 7-0-1-0 | 3
rd
Read 28-0-2-0
Final Pass: 55-2-3-0
HB 2846: agency; licensing; information
NOW: hoophouses; polyhouses; regulation; compliance
Sponsor: Representative Heap, LD 10
Transmitted to the Governor
Overview
Exempts construction of a hoophouse or polyhouse from municipal and county building
permit requirements if certain criteria are met.
History
Current statute enumerates the general powers of cities and towns. Municipalities have the
authority to buy, sell and lease property, provide for the construction or rehabilitation of
housing development projects or areas and issue building permits (A.R.S. Title 9, Chapter 4).
Counties have the power to sue, purchase and hold land, make contracts and hold land
necessary to exercise its powers, make orders for the use or disposition of its land, levy and
collect taxes and determine the budget for county officers (A.R.S. ยง 11-201).
Provisions
1. Exempts construction of a hoophouse or polyhouse from municipal and county building
permit requirements if the structure meets the following requirements:
a) the structure does not have a permanent anchoring system;
b) there is no temporary or permanent storage of fertilizers, gases, solvents or other
chemicals or flammable materials;
c) the structure is not wider than 31 feet and there is an unobstructed path not more
than 150 feet from any point to a door or a 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) an d that yields
approximately four pounds of maximum impact resistance to provide egress through
the wall. (Sec. 1, 2)
2. Declares that a hoophouse or polyhouse must be anchored in a way that allows removal
and relocation of the structure at the discretion of the property owner and in a manner
that prevents unintended detachment or relocation. (Sec. 1, 2)
3. Permits a municipality or county to adopt an ordinance to regulate the height of a
hoophouse or polyhouse above a fence line, if the structure is located on a lot less than
one acre in size within a residential community. (Sec. 1, 2)
4. Requires a permit for: HB 2846
Initials SJ/AC Page 2 Transmitted
a) a device contained by a hoophouse or polyhouse that is subject to existing municipal
or county electrical or mechanical codes and regulations; and
b) backflow prevention devices contained within a potable water system if the system is
connected to a hoophouse or polyhouse. (Sec. 1, 2)
5. Establishes that a hoophouse or polyhouse must comply with all height, setback and lot
coverage requirements contained in municipal or county zoning and land use regulations
for detached accessory buildings or structures. (Sec. 1, 2)
6. Authorizes a municipality or county to establish an administrative review process for a
hoophouse or polyhouse. (Sec. 1, 2)
7. Allows a municipality or county to require a person who intends to build a hoophouse or
polyhouse to submit documentation that contains information regarding the construction
of the hoophouse or polyhouse, including the materials being used, to determine if the
planned construction meets the statutory requirements. (Sec. 1, 2)
8. Defines:
a) hoophouse or polyhouse; and
b) permanent anchoring system. (Sec. 1, 2)