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SB1241 - 572R - S Ver
Senate Engrossed
municipalities;
counties; private permitting providers
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1241
AN
ACT
amending title 9, chapter 4, article 6, Arizona
Revised Statutes, by adding section 9-461.21; amending title 11, chapter
6, article 1, Arizona Revised Statutes, by adding section 11-810.02;
relating to local planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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_STATUTE
9-461.21.
Private permitting providers; building permits; certificates of
completion; liability insurance; code and fee publication; registration;
nuisance removal; prohibition; powers; 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. A municipality may maintain a
registration process to verify
that a private
permitting provider meets the requirements of this section.� If a municipality
maintains a registration process pursuant to this subsection, the municipality
shall post on the municipality's website a list of private permitting providers
that are registered through the municipality's registration process.
If a municipality maintains a registration process,
a private permitting provider
that
is included
in the municipality's posted list of registered private permitting providers or
that
is registered through another municipality or county
shall be available
to
perform
a
building
plan review or inspection.
J. Notwithstanding
subsection I of this section, a municipality that has abated or removed a
nuisance that was the subject of a building plan review or inspection that was
conducted by a private permitting provider pursuant to this section may
prohibit that private permitting provider from conducting
building
plan review
s
or inspection
s
in that municipality.
A private permitting provider
that
is prohibited from conducting
building
plan review
s
or inspection
s
pursuant to this subsection may appeal the prohibition
to the
governing bodies
of the
municipality.
At the private
permitting provider's request, the municipality shall provide the private
permitting provider with a method to remove
the prohibition
.
K. This
section does not limit or affect a municipality's ability to define, abate or
remove nuisances and punish persons committing nuisances pursuant to section
9-240, subsection B,
paragraph 21, subdivision (
a
)
.
L. A municipality that issues a
permit, approval or certificate of occupancy after a plan review or inspection
that is conducted by a private permitting provider pursuant to this section
shall have the immunity prescribed in sections 12-820.01 and 12-820.02.
M. For the purposes of this section:
1. "Building code"
includes:
(
a
) plumbing
and mechanical codes.
(
b
) electric
codes.
(
c
) residential
construction 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
photovoltaic system, a solar 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_STATUTE
11-810.02.
Private permitting providers; building permits; certificates of
completion; liability insurance; code and fee publication; registration;
nuisance removal; prohibition; powers; 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 county.
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.
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 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. A county may maintain a
registration process to verify that a
private
permitting provider meets the requirements of this section.� If a county
maintains a registration process pursuant to this subsection, the county shall
post on the county's website a list of private permitting providers that are
registered through the county's registration process.� If a county maintains a
registration process, a private permitting provider
that
is included in the county's posted list of
registered private permitting providers or
that
is registered
through another county or municipality shall be available
to
perform
a building
plan review
or inspection.
J. Notwithstanding
subsection I of this section, a county that has abated or removed a nuisance
that was the subject of a building plan review or inspection that was conducted
by a private permitting provider pursuant to this section may prohibit that
private permitting provider from conducting
building
plan review
s
or inspection
s
in that county.� A private permitting provider
that
is prohibited from conducting
building
plan review
s
or inspection
s
pursuant to this subsection may appeal the
prohibition to the governing body of the county.
At the private permitting provider's request, the
county shall provide the private permitting provider with a method to remove
the prohibition
.
K. This
section does not limit or affect a county's ability to define, abate or remove
nuisances and punish persons committing nuisances.
L. A county that issues a permit,
approval or certificate of occupancy after a plan review or inspection that is
conducted by a private permitting provider pursuant to this section shall have
the immunity prescribed in sections 12-820.01 and 12-820.02.
M. For the purposes of this section:
1. "Building
code" includes:
(
a
) plumbing
and mechanical codes.
(
b
) electric
codes.
(
c
) residential
construction 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 system, a solar thermal system, an energy storage system
or a combination.
(
v
) Roofing.
(
vi
) Exterior
openings.
(
vii
) Stucco,
plaster or siding.
(
viii
) Fencing.
END_STATUTE