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| 55 | 66 | | AN ACT |
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| 59 | 70 | | amending title 9, chapter 4, article 6.4, Arizona Revised Statutes, by adding section 9-470.01; relating to municipal planning. |
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| 65 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-470.01, to read: START_STATUTE9-470.01. Building permits; inspections; independent provider review; fee reduction; liability insurance; civil proceedings; definitions a. Notwithstanding any law, rule or regulation, an applicant may contract with an Independent Provider to review an application or provide a Building Inspection and may make payment directly to the Independent Provider for review of the application or performance of the building inspection. The applicant may not have a financial interest in the Independent Provider who is contracted to perform the application review or building inspection. The Independent Provider may not provide legal counsel to the applicant. B. Before an independent provider may perform an application review or Building Inspection, the applicant shall provide the municipality with all of the following information: 1. The name, firm name, address, telephone number and email address of each Independent Provider who is performing or will perform an application review or a building inspection. 2. The independent provider's professional license or registration number. 3. The independent provider's qualification statement or rsum. 4. Identification of the lots or structures for which the Independent Provider will provide an application review or a building inspection with the proposed dates of the application review or the building inspection. 5. A certificate of insurance demonstrating that the independent provider has acquired professional liability insurance coverage in the liability amounts required by subsection D of this section. 6. An acknowledgment that states the following: By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or registered Independent Provider and the liability insurance coverages of the independent provider. I am satisfied that my interests are adequately protected. I agree to indemnify, defend and hold harmless the municipality from any and all claims arising from my use of an independent provider to provide an application review or a Building Inspection with respect to the building or structure that is the subject of this application. C. If an applicant retains an Independent Provider for the purposes of reviewing an application or providing a Building Inspection, the municipality shall reduce the fee the municipality charges for an application review or performing a building inspection by an amount equal to the amount the municipality saves by NOT performing the application review or building inspection. D. An Independent Provider who reviews an application or provides a Building Inspection shall maintain professional liability insurance that covers all services performed as an Independent Provider unless the municipality waives the insurance requirement. The insurance coverage required by this subsection shall have a minimum policy limit of $2,000,000 per occurrence and $4,000,000 in the aggregate for any project with a construction cost of $5,000,000 or less and $4,000,000 per occurrence and $8,000,000 in the aggregate for any project with a construction cost of more than $5,000,000. e. If an applicant contracts with an Independent Provider to review an application or provide a Building Inspection, the municipality shall provide the Independent Provider or the applicant equal access to all permitting and inspection documents and reports that would be provided to municipal personnel in completing an application review or performing a Building Inspection. If the access required pursuant to this subsection is provided by software that protects exempt records from disclosure, the municipality shall provide requested permitting or inspection documents and reports to the Independent Provider or the applicant on receipt of a request that is submitted in an electronic format. f. An Independent Provider who performs an application review shall review the application to determine compliance with all applicable municipal requirements. On determining that the application is in compliance with all applicable municipal requirements, the Independent Provider shall prepare and submit to the municipality an affidavit certifying that the application was reviewed and that the application meets all applicable municipal regulations. G. Not more than five business days after receipt of a reviewed application and the affidavit required by subsection F of this section, the municipality shall either approve the application or provide a written notice to the applicant identifying the portions of the application that are not in compliance with applicable municipal codes with citation to the applicable municipal code. If the municipality does not either approve the application or provide the written notice required by this subsection, the application shall be deemed approved and any necessary permits shall be issued by the municipality on the next business day. If, after receipt of the written notice provided pursuant to this subsection, the applicant resubmits a revised application, the Regulatory Authority has what remains of the initial five-day review time frame plus one business day to approve the application and issue the requested Building Permit or provide a second written notice to the applicant stating which portions of the previously identified application remain in noncompliance with the applicable municipal codes with citation to the applicable municipal code. If the municipality does not approve the application or provide the second written notice within five days after the applicant resubmits the application, the application shall be deemed approved and any necessary permits shall be issued by the municipality on the next business day. H. Notwithstanding any other law, any decision regarding the issuance of an application by a Regulatory Authority may be appealed to the municipality's planning and development board or similar board, which shall adjudicate the dispute. I. A municipality may not adopt or enforce any laws, rules, procedures, policies, qualifications or standards regarding an Independent Provider's review of an application or performance of a building inspection that are more restrictive than this section. J. This section does not limit or deny the ability of the municipality to issue a stop-work order for a building project or any portion of the project if the municipality determines that a condition on the building site constitutes an immediate threat to public safety and welfare. k. aN APPLICANT MAY INSTITUTE A CIVIL PROCEEDING in a court of competent jurisdiction SEEKING A DETERMINATION AND ISSUANCE OF APPROPRIATE PERMITS OR CERTIFICATES IF THE APPLICANT BELIEVES that the MUNICIPALITY has DONE ANY OF THE FOLLOWING: 1. MISinterpreted existing ordinances, codes and laws. 2. REJECTED AN APPLICATION IN ERROR. 3. not provided a sufficient reduction in fees REQUIRED PURSUANT TO SUBSECTION c OF THIS SECTION. 4. rEfused to issue any valid PERMIT. 5. suspended an Independent Provider from performing AN APPLICATION REVIEW OR A Building Inspection in error. l. fOR THE PURPOSES OF THIS SECTION: 1. "aPPLICANT" MEANS THE OWNER OF PROPERTY OR THE OWNER'S CONTRACTor WHO HAS WRITTEN PERMISSION FROM THE OWNER TO ACT ON THE OWNER'S BEHALF. 2. "aPPLICATION" MEANS A PLAN, PERMIT OR OTHER DOCUMENT THAT IS RELATED TO OR REQUIRED FOR THE CONSTRUCTION OF A BUILDING. 3. "iNDEPENDENT PROVIDER" MEANS A PERSON WHO IS REGISTERED PURSUANT TO TITLE 32, CHAPTER 1. END_STATUTE Sec. 2. Effective date Section 9-470.01, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2025. Sec. 3. Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Sec. 4. Short title This act shall be cited as the "Speeding Development Act". |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-470.01, to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE9-470.01. Building permits; inspections; independent provider review; fee reduction; liability insurance; civil proceedings; definitions |
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| 76 | 87 | | |
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| 77 | 88 | | a. Notwithstanding any law, rule or regulation, an applicant may contract with an Independent Provider to review an application or provide a Building Inspection and may make payment directly to the Independent Provider for review of the application or performance of the building inspection. The applicant may not have a financial interest in the Independent Provider who is contracted to perform the application review or building inspection. The Independent Provider may not provide legal counsel to the applicant. |
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| 78 | 89 | | |
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| 79 | 90 | | B. Before an independent provider may perform an application review or Building Inspection, the applicant shall provide the municipality with all of the following information: |
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| 80 | 91 | | |
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| 81 | 92 | | 1. The name, firm name, address, telephone number and email address of each Independent Provider who is performing or will perform an application review or a building inspection. |
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| 82 | 93 | | |
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| 83 | 94 | | 2. The independent provider's professional license or registration number. |
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| 84 | 95 | | |
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| 85 | 96 | | 3. The independent provider's qualification statement or rsum. |
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| 86 | 97 | | |
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| 87 | 98 | | 4. Identification of the lots or structures for which the Independent Provider will provide an application review or a building inspection with the proposed dates of the application review or the building inspection. |
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| 88 | 99 | | |
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| 89 | 100 | | 5. A certificate of insurance demonstrating that the independent provider has acquired professional liability insurance coverage in the liability amounts required by subsection D of this section. |
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| 90 | 101 | | |
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| 91 | 102 | | 6. An acknowledgment that states the following: |
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| 92 | 103 | | |
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| 93 | 104 | | By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or registered Independent Provider and the liability insurance coverages of the independent provider. |
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| 94 | 105 | | |
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| 95 | 106 | | I am satisfied that my interests are adequately protected. |
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| 96 | 107 | | |
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| 97 | 108 | | I agree to indemnify, defend and hold harmless the municipality from any and all claims arising from my use of an independent provider to provide an application review or a Building Inspection with respect to the building or structure that is the subject of this application. |
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| 98 | 109 | | |
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| 99 | 110 | | C. If an applicant retains an Independent Provider for the purposes of reviewing an application or providing a Building Inspection, the municipality shall reduce the fee the municipality charges for an application review or performing a building inspection by an amount equal to the amount the municipality saves by NOT performing the application review or building inspection. |
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| 100 | 111 | | |
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| 101 | 112 | | D. An Independent Provider who reviews an application or provides a Building Inspection shall maintain professional liability insurance that covers all services performed as an Independent Provider unless the municipality waives the insurance requirement. The insurance coverage required by this subsection shall have a minimum policy limit of $2,000,000 per occurrence and $4,000,000 in the aggregate for any project with a construction cost of $5,000,000 or less and $4,000,000 per occurrence and $8,000,000 in the aggregate for any project with a construction cost of more than $5,000,000. |
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| 102 | 113 | | |
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| 103 | 114 | | e. If an applicant contracts with an Independent Provider to review an application or provide a Building Inspection, the municipality shall provide the Independent Provider or the applicant equal access to all permitting and inspection documents and reports that would be provided to municipal personnel in completing an application review or performing a Building Inspection. If the access required pursuant to this subsection is provided by software that protects exempt records from disclosure, the municipality shall provide requested permitting or inspection documents and reports to the Independent Provider or the applicant on receipt of a request that is submitted in an electronic format. |
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| 104 | 115 | | |
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| 105 | 116 | | f. An Independent Provider who performs an application review shall review the application to determine compliance with all applicable municipal requirements. On determining that the application is in compliance with all applicable municipal requirements, the Independent Provider shall prepare and submit to the municipality an affidavit certifying that the application was reviewed and that the application meets all applicable municipal regulations. |
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| 106 | 117 | | |
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| 107 | 118 | | G. Not more than five business days after receipt of a reviewed application and the affidavit required by subsection F of this section, the municipality shall either approve the application or provide a written notice to the applicant identifying the portions of the application that are not in compliance with applicable municipal codes with citation to the applicable municipal code. If the municipality does not either approve the application or provide the written notice required by this subsection, the application shall be deemed approved and any necessary permits shall be issued by the municipality on the next business day. If, after receipt of the written notice provided pursuant to this subsection, the applicant resubmits a revised application, the Regulatory Authority has what remains of the initial five-day review time frame plus one business day to approve the application and issue the requested Building Permit or provide a second written notice to the applicant stating which portions of the previously identified application remain in noncompliance with the applicable municipal codes with citation to the applicable municipal code. If the municipality does not approve the application or provide the second written notice within five days after the applicant resubmits the application, the application shall be deemed approved and any necessary permits shall be issued by the municipality on the next business day. |
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| 108 | 119 | | |
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| 109 | 120 | | H. Notwithstanding any other law, any decision regarding the issuance of an application by a Regulatory Authority may be appealed to the municipality's planning and development board or similar board, which shall adjudicate the dispute. |
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| 110 | 121 | | |
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| 111 | 122 | | I. A municipality may not adopt or enforce any laws, rules, procedures, policies, qualifications or standards regarding an Independent Provider's review of an application or performance of a building inspection that are more restrictive than this section. |
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| 112 | 123 | | |
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| 113 | 124 | | J. This section does not limit or deny the ability of the municipality to issue a stop-work order for a building project or any portion of the project if the municipality determines that a condition on the building site constitutes an immediate threat to public safety and welfare. |
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| 114 | 125 | | |
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| 115 | 126 | | k. aN APPLICANT MAY INSTITUTE A CIVIL PROCEEDING in a court of competent jurisdiction SEEKING A DETERMINATION AND ISSUANCE OF APPROPRIATE PERMITS OR CERTIFICATES IF THE APPLICANT BELIEVES that the MUNICIPALITY has DONE ANY OF THE FOLLOWING: |
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| 116 | 127 | | |
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| 117 | 128 | | 1. MISinterpreted existing ordinances, codes and laws. |
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| 118 | 129 | | |
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| 119 | 130 | | 2. REJECTED AN APPLICATION IN ERROR. |
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| 120 | 131 | | |
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| 121 | 132 | | 3. not provided a sufficient reduction in fees REQUIRED PURSUANT TO SUBSECTION c OF THIS SECTION. |
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| 122 | 133 | | |
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| 123 | 134 | | 4. rEfused to issue any valid PERMIT. |
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| 124 | 135 | | |
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| 125 | 136 | | 5. suspended an Independent Provider from performing AN APPLICATION REVIEW OR A Building Inspection in error. |
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| 126 | 137 | | |
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| 127 | 138 | | l. fOR THE PURPOSES OF THIS SECTION: |
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| 128 | 139 | | |
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| 129 | 140 | | 1. "aPPLICANT" MEANS THE OWNER OF PROPERTY OR THE OWNER'S CONTRACTor WHO HAS WRITTEN PERMISSION FROM THE OWNER TO ACT ON THE OWNER'S BEHALF. |
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| 130 | 141 | | |
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| 131 | 142 | | 2. "aPPLICATION" MEANS A PLAN, PERMIT OR OTHER DOCUMENT THAT IS RELATED TO OR REQUIRED FOR THE CONSTRUCTION OF A BUILDING. |
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| 132 | 143 | | |
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| 133 | 144 | | 3. "iNDEPENDENT PROVIDER" MEANS A PERSON WHO IS REGISTERED PURSUANT TO TITLE 32, CHAPTER 1. END_STATUTE |
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| 134 | 145 | | |
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| 135 | 146 | | Sec. 2. Effective date |
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| 136 | 147 | | |
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| 137 | 148 | | Section 9-470.01, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2025. |
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| 138 | 149 | | |
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| 139 | 150 | | Sec. 3. Severability |
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| 140 | 151 | | |
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| 141 | 152 | | If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. |
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| 142 | 153 | | |
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| 143 | 154 | | Sec. 4. Short title |
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| 144 | 155 | | |
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| 145 | 156 | | This act shall be cited as the "Speeding Development Act". |
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