Official Summary Text
SB1473 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1473
assisted living homes; occupancy; zoning
Purpose
Prohibits a municipality or county from adopting, enforcing or
maintaining any ordinance or other regulation regarding occupancy caps for
assisted living homes.
Background
Statute authorizes municipalities and counties to adopt zoning ordinances
and building codes to conserve and promote the public health, safety,
convenience and general welfare regarding the regulation of buildings,
structures and land (A.R.S. ��
9-462.01
;
11-811
;
and
11-861
).
Health care institutions in Arizona, including assisted living homes, are
licensed and overseen by the Department of Health Services (DHS), including
enforcement of health care institution statutes, rules and regulations. DHS
must: 1) review and approve plans and specifications for institution
construction or modification; 2) have access to books, records, accounts and
any other necessary health care institution information; and 3) require nursing
care institutions and assisted living facilities to provide annual influenza
and pneumonia vaccines to residents. Additionally, DHS may: 1) inspect every
part of a health care institution to ensure compliance with standard medical
practice; 2) conduct investigations of health care institution conditions and
problems with noncompliance; and 3) develop facility manuals and guides to
health care institutions and the general public. A person must not establish,
conduct or maintain a health care institution or any subclass of a health care
institution in Arizona unless that person holds a current and valid license
issued by DHS (A.R.S. ��
36-406
and
36-407
).
Assisted living homes
are an assisted living facility that
provides resident rooms to 10 or fewer residents (
A.R.S.
� 36-401
).
There is no anticipated fiscal impact to the state General Fund
associated with this legislation.
Provisions
1.
Prohibits
a municipality or county from adopting, enforcing or maintain any law,
ordinance or other regulation relating to the operation of an assisted living
home that does any of the following:
a)
imposes a cap on the number of residents who may reside at an assisted
living home that is lower than ten residents;
b)
restricts an assisted living home from operating on a property that is
zoned for residential use based on either:
i.
the number of residents who reside at the assisted living home if the
number of residents is 10 or fewer; or
ii.
the
classification of the assisted living home as assisted living use; or
c)
requires an assisted living home to obtain a variance, conditional use
permit, reasonable accommodation or rezoning based solely on the number of
residents who reside at the assisted living home.
2.
Allows
a municipality or county to enforce and maintain zoning, building, fire, safety
and health codes and regulations that are related to an assisted living home if
the codes and regulations do not have the effect of imposing an occupancy limit
that is more restrictive than what is allowed by the assisted living home's license.
3.
Allows
a person to assert a violation of the assisted living occupancy regulations and
bring an action for declaratory or injunctive relief in a court of competent
jurisdiction.�
4.
Allows
the court to award attorney fees and costs to a prevailing plaintiff.
5.
States
that the occupancy limit of an assisted living home:
a)
is of statewide concern and not subject to further regulations by a
municipality or county; and
b)
preempts all inconsistent laws, ordinances or other regulations that are
adopted by the municipality or county.
6.
States
that the assisted living occupancy regulations do not prohibit or restrict a
municipality or county from adopting a distance requirement in accordance with
statute.
7.
Applies
the assisted living occupancy regulations to an assisted living home that is
licensed after the effective date.
8.
Defines
assisted living home
as an assisted living facility that provides
resident rooms to 10 or fewer residents.
9.
Contains
a severability clause.
10.
Becomes effective on the
general effective date.
Amendments Adopted by
Committee
1.
Specifies
that a municipality or county may adopt, enforce or maintain, rather than only
enforce, any building, fire, safety or health codes and regulations that are
related to an assisted living facility or home.
2.
Removes
the condition that building, fire, safety and health codes and regulations be
applied uniformly to all similar residential dwellings for a municipality or
county to enforce the codes and regulations.
3.
Narrows
the state preemption on the regulation of assisted living facilities or homes
to only occupancy regulations.
4.
Makes conforming changes.
Amendments Adopted by Committee of the Whole
1.
The committee amendment was withdrawn.
2.
Removes assisted living facilities from the prescribed municipal and
county occupancy limit regulations.
3.
Prohibits a municipality or county from imposing a cap on the number of
residents who may reside at an assisted living home that is lower than 10
residents, rather than lower than the number of residents allowed by statute,
rule or an issued license.
4.
Prohibits a municipality or county from restricting an assisted living
home from operating on a property that is zoned for residential use based on
the number of residents who reside at the home if the number is 10 or fewer,
rather than in compliance with statute, rule or an issued license.
5.
Removes the prohibition on a municipality or county from restricting an
assisted living home from operating on a property that is zoned for residential
use based on its classification as a health care institution.
6.
Allows a municipality or county to enforce and maintain zoning,
building, fire, safety and health codes and regulations, rather than only
enforce applicable codes and regulations.
7.
Removes the requirement for the codes and regulations to be applied
uniformly to all similar residential dwellings.
8.
Allows the codes and regulations to be enforced and maintained if the
effect is not imposing an occupancy limit on an assisted living home that is
more restrictive than allowed by an issued license, rather than by statute,
rule or an issued license.
9.
States that the occupancy limit, rather than the occupancy and zoning
regulation, of an assisted living home is of statewide concern and not subject
to further regulation by a municipality or county.
10.
States that assisted living occupancy regulations do not prohibit or
restrict a municipality or county from adopting a distance requirement in
accordance with statute.
11.
Applies
the assisted living occupancy regulations to an assisted living home that is
licensed after the effective date.
12.
Makes
conforming changes.
Senate Action
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Prepared by Senate Research
February 25, 2026
JT/ci
Current Bill Text
Read the full stored bill text
Chapter 0019 - 572R - S Ver of SB1473
Senate Engrossed
assisted living
homes; occupancy; zoning
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 19
SENATE BILL 1473
AN
ACT
amending title 9, chapter 4, article 6.1,
arizona revised statutes, by adding section 9-462.15; amending title 11,
chapter 6, article 2, arizona revised statutes, by adding section 11-820.05;
relating to municipal and county zoning.
(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 6.1,
Arizona Revised Statutes, is amended by adding section 9-462.15, to read:
START_STATUTE
9-462.15.
Assisted living homes; occupancy cap; zoning regulations; relief;
state preemption; applicability; definition
A. A municipality may not adopt,
enforce or maintain any law, ordinance or other regulation relating to the
operation of an assisted living home that does any of the following:
1. Imposes a cap on the number of
residents who may reside at an assisted living home that is lower than
ten residents.
2. Restricts an assisted living home
from operating
on a property that is zoned for
residential use based on either of the following:
(
a
) The number
of residents who reside at the assisted living home if the number of residents
is
ten or fewer.
(
b
) The
classification of the assisted living home
as assisted
living use.
3. Requires an assisted living home
to obtain a variance, conditional use permit, reasonable accommodation or
rezoning based solely on the number of residents who reside at the assisted
living home.
B.
Except as
provided in subsection A of this section, A municipality may enforce
and maintain zoning, building, fire, safety and health codes and
regulations if the codes and regulations Do not have the effect of imposing an
occupancy limit that is more restrictive than
what is
allowed pursuant to the assisted living home's license.
C. A person may assert a violation of
this section and may bring an action for declaratory or injunctive relief in a
court of competent jurisdiction.� the court may award attorney fees and costs
to a prevailing plaintiff.
D. The occupancy
limit of an assisted living home is of statewide concern.� The
occupancy
limit of an assisted living home pursuant to
this section is not subject to further regulations by a municipality and
preempts all inconsistent laws, ordinances or other regulations adopted by the
municipality.
E. This section does not prohibit or
restrict a municipality from adopting a distance requirement prescribed in
section 9-462.09.
F. This section applies to an
assisted living home that is licensed as of the effective date of this section
and an assisted living home that is licensed after the effective date of this
section.
G. For the purposes of this section
, "assisted living home" has the same meaning
prescribed in section 36-401.
END_STATUTE
Sec. 2. Title
11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding
section 11-820.05, to read:
START_STATUTE
11-820.05.
Assisted living homes; occupancy cap; zoning regulations; relief;
state preemption; applicability; definition
A. A
county may not adopt, enforce or maintain any law, ordinance or other
regulation relating to the operation of an assisted living home that does any
of the following:
1. Imposes a cap on the number of
residents who may reside at an assisted living home that is lower than
ten residents.
2. Restricts an assisted living home
from operating
on a property that is zoned for
residential use based on either of the following:
(
a
) The number
of residents who reside at the assisted living home if the number of residents
is
ten or fewer residents.
(
b
) The
classification of the assisted living home
as assisted
living use.
3. Requires an assisted living home
to obtain a variance, conditional use permit, reasonable accommodation or
rezoning based solely on the number of residents who reside at the assisted
living home.
B.
Except as
provided in subsection A of this section, A county may enforce
and maintain zoning, building, fire, safety and health codes and
regulations if the codes and regulations do not have the effect of imposing an
occupancy limit that is more restrictive than
what is allowed
pursuant to the assisted living home's license.
C. A person may assert a violation of
this section and may bring an action for declaratory or injunctive relief in a
court of competent jurisdiction.� the court may award attorney fees and costs
to a prevailing plaintiff.
D. The occupancy
limit of an assisted living home is of statewide concern.� The
occupancy
limit of an assisted living home
pursuant to this section is not subject to further regulations by a
county and preempts all inconsistent laws, ordinances or other regulations
adopted by the county.
E. This section does not prohibit or
restrict a municipality from adopting a distance requirement prescribed in
section 11-820.02.
F. This section applies to an
assisted living home that is licensed as of the effective date of this section
and an assisted living home that is licensed after the effective date of this
section.
G. For the purposes of this section
, "assisted living home" has the same meaning
prescribed in section 36-401.
END_STATUTE
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 the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.
APPROVED BY THE GOVERNOR APRIL 7, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 7, 2026.