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SB1481 - 572R - I Ver
REFERENCE TITLE:
elevator contractors; mechanics; certification
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1481
Introduced by
Senators
Carroll: Payne, Sundareshan;� Representatives Hendrix, Travers
AN
ACT
Amending Sections 23-491, 23-491.02,
32-101 and 32-102, Arizona Revised Statutes; amending title 32, chapter 1,
article 1, Arizona Revised Statutes, by adding section 32-111; amending title
32, chapter 1, article 2, Arizona Revised Statutes, by adding section
32-122.04; Amending section 32-1101, Arizona Revised Statutes; amending section
32-1121, Arizona Revised Statutes, as amended by laws 2019, chapter 140,
section 1; amending section 32-1121, Arizona Revised Statutes, as amended
by Laws 2019, Chapter 145, section 5; relating to the state board of technical
registration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-491, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-491.
Definitions
In this article, unless the context otherwise requires:
1. "Authorized representative" means the
elevator chief and elevator inspector employed by the division.
2. "Certificate" means a certificate of
inspection issued by the division.
3. "Commission" means the industrial
commission of Arizona.
4. "Conveyance"
:
(
a
)
Means
an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist,
material hoist, stage lift and special purpose personnel elevator
.
, excluding
(
b
) Does not
include
conveyances located at mines
and
that are
subject to regulation and inspection by the state mine
inspector pursuant to title 27, chapter 3.
5. "Director" means the director of the
division
of occupational safety and health
.
6. "Division" means the division of
occupational safety and health of the
industrial
commission.
7. "Dumbwaiter" means a hoisting and
lowering mechanism with a car of limited capacity and size that moves in guides
in a substantially vertical direction and that is used exclusively for carrying
material.
8. "Elevator" means a hoisting and
lowering mechanism equipped with a car or platform that moves in guides in
substantially vertical direction and that serves two or more floors of a
building or structure.
9. "Elevator company" means a person that
is engaged in the business of erecting, constructing, installing, altering,
servicing, repairing or maintaining conveyances.
10. "Elevator contractor"
means a person that has been issued an elevator contractor's license pursuant
to title 32, chapter 10 and that employs at least one elevator mechanic.
11. "Elevator mechanic"
means a person who is certified by the state board of technical registration to
engage in erecting, constructing, installing, altering, servicing, repairing,
testing and maintaining elevators and conveyances.
10.
12.
"Escalator"
means a
power driven
power-driven
,
inclined, continuous stairway used for raising or lowering passengers.
11.
13.
"Interested
party" means the commission and its agents and the owner or operator who
has been issued a correction order.
12.
14.
"Manlift"
means a device
consisting
that consists
of a
power driven
power-driven
endless belt moving in one direction only and
provided with
steps or platforms and attached handholds
for the transportation
of
and that transports
personnel from floor to
floor.
13.
15.
"Material
hoist"
:
(
a
)
Means
a hoist for raising and lowering materials only
.
and prohibiting the hoisting of
(
b
) does not
include a hoist for
persons.
14.
16.
"Moving
walk" means a type of passenger carrying device on which passengers stand
or walk and in which the passenger carrying surface remains parallel to its
direction of motion and is uninterrupted.
15.
17.
"Owner"
or "operator"
:
(
a
)
Means
an individual or organization including this state and all political
subdivisions of this state
who
that
has title to, controls or has the duty to control the operation of one or more
conveyances
.
, but shall
(
b
) does
not
include an individual or organization
that is
engaged in
mining or metallurgical operations
and
whose operation is
subject to regulation and inspection by the state mine inspector pursuant to
title 27, chapter 3.
16.
18.
"Personnel
hoist"
:
(
a
)
Means
a mechanism
for use
that is used
in
connection with the construction, alteration, maintenance or demolition of a
building, structure or other work,
that is
used for
hoisting and lowering workers and materials and
that is
equipped
with a car that moves on guide members during its vertical
movement.
The term
(
b
)
Includes
a hoistway of a personnel hoist.
17.
19.
"Private
elevator inspector" means an individual who is authorized by the
commission under section 23-491.16 to conduct inspections under this
article.
18.
20.
"Special
purpose personnel elevator" means a passenger,
hand powered
hand-powered
, counterweighted device or an
electric
powered
electric-powered
device that travels
vertically in guides and that serves two or more landings.
19.
21.
"Stage
lift" means a hoisting and lowering mechanism equipped with a platform
that moves in guides in a substantially vertical direction and that serves one
or more landings.
END_STATUTE
Sec. 2. Section 23-491.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-491.02.
Owners and operators; duties
Every
each
owner and
operator of a conveyance shall:
1. Construct, furnish, maintain and provide safe and
adequate devices with which to safely and properly convey or move all persons
and material
utilizing
using
the
services offered by the owner or operator of such
device
devices
.
2. Comply with all standards and regulations issued
pursuant to this article.
3. Ensure that
a
the
conveyance is inspected at all
of the following times:
(a) Before placing
a
the
conveyance in operation after
the initial installation of the conveyance.
(b) After modification or alteration of
a
the
conveyance.
(c) After the inspection pursuant to subdivision (a)
of this paragraph
, annually or as otherwise directed by the
commission.
4. Ensure that the conveyance is
installed, serviced or repaired by an elevator contractor or an elevator
mechanic who is employed by an elevator contractor pursuant to the requirements
of this article and rules adopted pursuant to this article.
END_STATUTE
Sec. 3.
Heading changes
A. The chapter heading of
title 32, chapter 1, Arizona Revised Statutes, is changed from "
Architects, Engineers, Geologists, Home Inspectors, Landscape
Architects and Surveyors
" to "
Technical Professions
".
B. The article heading of
title 32, chapter 1, article 1, Arizona Revised Statutes, is changed from
"
Board of Technical Registration
" to "
State Board of
Technical Registration
".
Sec. 4. Section 32-101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-101.
Purpose; definitions
A. The purpose of this chapter is to provide for the
safety, health and welfare of the public through
the promulgation
adopting
and
enforcement of
enforcing
standards of qualification for those individuals who
are registered or certified and seeking registration or certification pursuant
to this chapter.
B. In this chapter, unless the context otherwise
requires:
1. "Advertising" includes business cards,
signs or letterhead provided by a person to the public.
2. "Alarm" or "alarm system":
(a) Means any mechanical or electrical device that
is designed to emit an audible alarm or transmit a signal or message if
activated and that is used to detect an unauthorized entry into a building or
other facility or alert other persons of the occurrence of a medical emergency
or the commission of an unlawful act against a person or in a building or other
facility.
(b) Includes:
(i) A silent, panic, holdup, robbery, duress,
burglary, medical alert or proprietor alarm that requires emergency personnel
to respond.
(ii) A low-voltage electric fence.
(c) Does not include a telephone call diverter or a
system that is designed to report environmental and other occurrences and that
is not designed or used to alert or cause other persons to alert public safety
personnel.
3. "Alarm
agent":
(a) Means a person,
whether an employee, an independent contractor or otherwise, who acts on behalf
of an alarm business and who tests, maintains, services, repairs, sells, rents,
leases or installs alarm systems.
(b) Does not include
any action by
a person
that
who
:
(i)
Is performed
performs any action
in connection with an alarm system located
on the person's own property or the property of the person's employer.
(ii) Is acting on behalf of an alarm business
and
whose work duties do not include visiting the location
where an alarm system installation occurs.
4. "Alarm business":
(a) Means any person who, either alone or through a
third party, engages in the business of either of the following:
(i) Providing alarm monitoring services.
(ii) Selling, leasing, renting, maintaining,
repairing or installing a nonproprietor alarm system or service.
(b) Does not include any of the following:
(i) A person or company that purchases, rents or
uses an alarm that is affixed to a motor vehicle.
(ii) A person who owns or conducts a business of
selling, leasing, renting, installing, maintaining or monitoring an alarm that
is affixed to a motor vehicle.
(iii) A person who installs a nonmonitored
proprietor alarm for a business that the person owns, is employed by or
manages.
(iv) The installation or monitoring of fire alarm
systems.
(v) An alarm system that is operated by a city or
town.
5. "Alarm subscriber" means any person
who:
(a) Leases, rents or purchases any monitored alarm
system or service from an alarm business.
(b) Leases or rents an alarm system.
(c) Contracts with an alarm business for alarm
monitoring, installation, repair or maintenance services.
6. "Architect" means a person who, by
reason of knowledge of the mathematical and physical sciences and the
principles of architecture and architectural engineering acquired by
professional education and practical experience, is qualified to engage in the
practice of architecture and is registered as an architect pursuant to this
chapter.
7. "Architectural practice" means any
professional service or creative work requiring architectural education,
training and experience, and the application of the mathematical and physical
sciences and the principles of architecture and architectural engineering to
such professional services or creative work as consultation, evaluation, design
and review of construction for conformance with contract documents and design,
in connection with any building, planning or site development.� A person
is deemed to practice or offer to practice architecture who in any manner
represents that the person is an architect or is able to perform any
architectural service or other services recognized by educational authorities
as architecture.
8. "Board" means the state board of
technical registration.
9. "Controlling person":
(a) Means a person who is designated by an alarm
business.
(b) Does not include an alarm agent.
10. "conveyance" has the
same meaning prescribed in section 23-491.
11. "elevator" has the same
meaning prescribed in section 23-491.
12. "Elevator contractor"
means a person that has been issued an elevator contractor's license pursuant
to chapter 10 of this title and that employs at least one elevator mechanic.
13. "Elevator mechanic"
means a person who is certified by the board pursuant to section 32-122.04 to
engage in erecting, constructing, installing, altering, servicing, repairing,
testing and maintaining elevators and conveyances.
10.
14.
"Engineer"
means a person who by reason of engineering education, training and experience
may apply engineering principles and interpret engineering data.
11.
15.
"Engineering
practice" means any professional service or creative work requiring
engineering education, training and experience in applying engineering
principles and interpreting engineering data to engineering activities that
clearly impact the health, safety and welfare of the public and the engineering
design of buildings, structures, products, machines, processes and systems to
the extent that the engineering education, training and experience requirements
prescribed by sections 32-122 and 32-122.01 are necessary to
protect the health, safety and welfare of the public. The services
or creative work may include providing planning services, studies, designs,
design coordination, drawings, specifications and other technical submissions,
surveying as prescribed in paragraph
22
26
,
subdivisions (d) and (e) of this subsection, and reviewing construction or
other design products for the purposes of monitoring compliance with drawings
and specifications related to engineered works. A person employed on
a full-time basis as an engineer by an employer engaged in the business
of developing, mining and treating ores and other minerals
shall
is
not
be
deemed to be practicing
engineering for the purposes of this chapter if the person engages in the
practice of engineering exclusively for and as an employee of such employer and
does not represent that the person is available and is not represented as being
available to perform any engineering services for persons other than the
person's employer. A person is deemed to practice engineering if the
person does any of the following:
(a) Practices any discipline of the profession of
engineering or holds out to the public that the person is able and authorized
to practice any discipline of engineering.
(b) Represents to the public that the person is a
professional engineer by a verbal claim, sign, advertisement, letterhead or
card or in any other manner.
(c) Uses a title that implies that the person is a
professional engineer.
12.
16.
"Engineer-in-training"
means a candidate for registration as a professional engineer who both:
(a) Is a graduate in an approved engineering
curriculum of four years or more of a school approved by the board or has four
years or more of education or experience, or both, in engineering work that
meets standards specified by the board in its rules.
(b) Has passed the engineer-in-training
examination.
13.
17.
"Firm"
means any individual or partnership, corporation or other type of association,
including the association of a nonregistrant and a registrant who offers to the
public professional services regulated by the board.
14.
18.
"Geological
practice" means any professional service or work requiring geological
education, training and experience, and the application of special knowledge of
the earth sciences to such professional services as consultation, evaluation of
mining properties, petroleum properties and groundwater resources, professional
supervision of exploration for mineral natural resources including metallic and
nonmetallic ores, petroleum and groundwater, and the geological phases of
engineering investigations.
15.
19.
"Geologist"
means a person, who is not required to be a professional engineer, who by
reason of special knowledge of the earth sciences and the principles and
methods of search for and appraisal of mineral or other natural resources
acquired by professional education and practical experience is qualified to
practice geology as attested by registration as a professional
geologist. A person who is employed on a full-time basis as a
geologist by an employer engaged in the business of developing, mining or
treating ores and other minerals is not deemed to be engaged in geological
practice for the purposes of this chapter if the person engages in geological
practice exclusively for and as an employee of such employer and does not
represent that the person is available and is not represented as being
available to perform any geological services for persons other than the
person's employer.
16.
20.
"Geologist-in-training"
means a candidate for registration as a professional geologist who both:
(a) Is a graduate of a school approved by the board
or has four years or more of education or experience, or both, in geological
work that meets standards specified by the board in its rules.�
(b) Has passed the geologist-in-training
examination.
17.
21.
"Home
inspection" means a visual analysis for the purposes of providing a
professional opinion of the building, any reasonably accessible installed
components and the operation of the building's systems, including the controls
normally operated by the owner, for the following components of a residential
building of four units or less:
(a) Heating system.
(b) Cooling system.
(c) Plumbing system.
(d) Electrical system.
(e) Structural components.
(f) Foundation.
(g) Roof covering.
(h) Exterior and interior components.
(i) Site aspects as they affect the building.
(j) Pursuant to rules adopted by the board, swimming
pool and spa.
18.
22.
"Home
inspection report" means a written report that is prepared for
compensation, that is issued after a home inspection and that clearly describes
and identifies the inspected systems, structures and components of a completed
dwelling and any visible major defects found to be in need of immediate major
repair and any recommendations for additional evaluation by appropriate
persons.
19.
23.
"Home
inspector" means an individual who is certified pursuant to this chapter
as a home inspector and who engages in the business of performing home
inspections and writing home inspection reports.
20.
24.
"Landscape
architect" means a person who, by reason of professional education or
practical experience, or both, is qualified to engage in the practice of
landscape architecture as attested by registration as a landscape architect.
21.
25.
"Landscape
architectural practice":
(a) Means performing professional services such as
consultations, investigation, reconnaissance, research, planning, design or
responsible supervision in connection with the development of land and
incidental water areas where, and to the extent that, the dominant purpose of
such services is the preservation, enhancement or determination of proper land
uses, natural land features, ground cover and planting, naturalistic and
aesthetic values, the settings of and approaches to buildings, structures,
facilities or other improvements, natural drainage and the consideration and
the determination of inherent problems of the land relating to erosion, wear
and tear, light or other hazards.
(b) Includes locating and arranging such tangible
objects and features as are incidental and necessary to the purposes outlined
in this paragraph.
(c) Does not include making cadastral surveys or
final land plats for official recording or approval, nor mandatorily include
planning for governmental subdivisions.
22.
26.
"Land
surveying practice" means performing one or more of the following
professional services:
(a) Measuring land to determine the position of any
monument or reference point that marks a property line, boundary or corner for
the purpose of determining the area or description of the land.
(b) Locating, relocating, establishing,
reestablishing, setting, resetting or replacing
of
corner
monuments or reference points that identify land boundaries, rights-of-way
or easements.
(c) Platting or plotting of lands for the purpose of
subdividing.
(d) Measuring by angles, distances and elevations
natural or artificial features in the air, on the surface and immediate
subsurface of the earth, within underground workings and on the surface or
within bodies of water for the purpose of determining or establishing their
location, size, shape, topography, grades, contours or water surface and
depths, and
the
preparing and perpetuating field note
records and maps depicting these features.
(e) Setting, resetting or replacing points to guide
the location of new construction.
23.
27.
"Land
surveyor" means a person who by reason of knowledge of the mathematical
and physical sciences, principles of land surveying and evidence gathering
acquired by professional education or practical experience, or both, is qualified
to practice land surveying as attested by registration as a land
surveyor. A person employed on a full-time basis as a land
surveyor by an employer engaged in the business of developing, mining or
treating ores or other minerals is not deemed to be engaged in land surveying
practice for purposes of this chapter if the person engages in land surveying
practice exclusively for and as an employee of such employer and does not
represent that the person is available and is not represented as being
available to perform any land surveying services for persons other than the
person's employer.
24.
28.
"Land
surveyor-in-training" means a candidate for registration as a
professional land surveyor who both:
(a) Is a graduate of a school and curriculum
approved by the board or has four years or more of education or experience, or
both, in land surveying work that meets standards specified by the board in its
rules.
(b) Has passed the land surveyor-in-training
examination.
25.
29.
"Low-voltage
electric fence" means a fence that meets all of the following
requirements:
(a) Has an electric fence energizer that is powered
by a commercial storage battery with a rated voltage of not more than twelve
volts and that produces an electric charge on contact with the fence.
(b) Is completely enclosed by a nonelectric fence or
wall.
(c) Is continuously monitored.
(d) Is attached to ancillary components or equipment
such as closed circuit television systems, access controls, battery recharging
devices and video cameras.
(e) Does not exceed ten feet in height or two feet
higher than the nonelectric fence or wall described in subdivision (b) of this
paragraph, whichever is higher.
(f) Has identification warning signs attached at
intervals of not more than sixty feet.
(g) Is not installed in an area zoned exclusively
for single family or multifamily residential use.
(h) Does not enclose property that is used for
residential purposes.
26.
30.
"Monitored
alarm" means a device that is designed to detect an entry on any premises
and that if activated generates a notification signal.
27.
31.
"Person"
means any individual, firm, partnership, corporation, association or other
organization.
28.
32.
"Principal"
means an individual who is an officer of the corporation or is designated by a
firm as having full authority and responsible charge of the services offered by
the firm.
29.
33.
"Professional
engineer" means a person who, by reason of special knowledge of the
mathematical and physical sciences and the principles and methods of
engineering analysis and design acquired by professional education and
practical experience, is qualified to practice engineering and is registered as
a professional engineer pursuant to this chapter.
30.
34.
"Proprietor
alarm" means any alarm or alarm system that is owned by an alarm
subscriber who has not contracted with an alarm business.
31.
35.
"Registrant"
means a person who is registered or certified by the board.
32.
36.
"Registration"
means a registration or certification that is issued by the board.
END_STATUTE
Sec. 5. Section 32-102, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-102.
State board of technical registration; members; vacancies; terms
A. The state board of technical registration is
established consisting of members who are appointed by the governor as follows:
1.
One architect
two architects
.
2.
One
two
professional
engineer
engineers
.
3.
Six
three
public members, at least one of whom has a legal, construction or design
product background.
4. One landscape architect.
5. One geologist.
6. One land surveyor.
7. One elevator mechanic.
8. one home inspector.
9. one alarm business controlling
person.
B. On the expiration of any of the terms, a
successor who is qualified pursuant to subsection A of this section shall be
appointed for a full term of three years. The governor may remove a
member of the board for misconduct, incapacity or neglect of
duty. Appointment to fill a vacancy caused other than by expiration
of term shall be for the unexpired portion of the term.
C. A member may not serve more than two consecutive
terms.
END_STATUTE
Sec. 6. Title 32, chapter 1, article 1, Arizona
Revised Statutes, is amended by adding section 32-111, to read:
START_STATUTE
32-111.
Elevator mechanics safety and standards committee; members;
duties; rules; compensation
A. The elevator mechanics safety and
standards committee of the state board of technical registration is established
and consists of:
1. One qualified elevator inspector
who holds a current qualified elevator inspector credential issued by an
accreditation entity recognized under the American society of mechanical
engineers QEI-1 standard and who is appointed by the board for a three-year
term.
2. One representative of an elevator
equipment manufacturer trade organization who is appointed by the board for a
three-year term. The board shall select this member from a
list of names submitted to the board by at least one ELEVATOR service company
or statewide elevator industry association organization.
3. One representative of an elevator
service company who is appointed by the board for a three-year
term. The board shall select this member from a list of names
submitted to the board by at least one elevator service company or statewide
elevator industry association.
4. one certified elevator mechanic
who is appointed by the board to serve a three-year term, who holds an
ACTIVE certification and who has at least five years of experience as an
elevator mechanic.
5. Two members of the board who are
appointed by the chairperson of the board and who serve staggered three-year
terms.
6. one fire safety professional.
B. The committee is responsible for
drafting rules and providing recommendations to the board that define the
conduct of elevator mechanics and such other rules and standards related to the
elevator mechanic profession.
C. The committee may participate in:
1. The investigation and review of
elevator mechanic complaints as provided by the board.
2. The review and evaluation of
elevator mechanic applications as provided by the board.
D. Members of the elevator mechanics
safety and standards committee are eligible to receive compensation pursuant to
title 38, chapter 4, article 1.�
END_STATUTE
Sec. 7. Title 32, chapter 1, article 2, Arizona
Revised Statutes, is amended by adding section 32-122.04, to read:
START_STATUTE
32-122.04.
Certification of elevator mechanics; qualifications; temporary
certification; annual safety updates
A. A person must be certified as an
elevator mechanic pursuant to this article and work under the direct
supervision of a qualifying party licensed pursuant to chapter 10 of this title
to work on conveyances and elevators in this state.� a certified elevator
mechanic shall perform all work on elevators and conveyances in compliance with
applicable elevator safety standards and INSPECTION requirements adopted
pursuant to title 23, chapter 2, article 12.
B. a person who wishes to be
certified as an elevator mechanic shall meet both of the following:
1. Have completed a department of
economic security or United States department of labor apprenticeship program
with eight thousand hours of on-the-job training and five hundred seventy-six
hours of classroom instruction to engage in erecting, constructing, installing,
altering, servicing, repairing, testing or maintaining elevators and
conveyances.
2. Pass the elevator mechanic
examination as approved by the board.
C. Notwithstanding subsection B of
this section, for one year after the effective date of this section, the board
may issue an elevator mechanic certificate to an applicant who pays the fee
required by the board and submits an application with documentation from a
primary source that demonstrates the applicant has worked as an elevator
mechanic without supervision for at least eight thousand hours within the
previous six years.
D. If the board determines that an
elevator contractor encounters a verifiable shortage of certified elevator
mechanics, the board may issue a temporary elevator mechanic certificate to an
elevator apprentice who can provide documentation from a primary source
demonstrating that the apprentice is currently enrolled in an elevator
apprenticeship program and has completed a minimum of four thousand hours of
elevator industry experience. temporary elevator mechanic
certification pursuant to this subsection may be active not longer than six
months, except that the board may extend a temporary certification for an
additional six months if the board determines that the verifiable shortage of
certified elevator mechanics still exists and the elevator mechanic receiving
temporary certification remains employed by the requesting elevator contractor.
E. When renewing an elevator mechanic
certification, the board shall require each certified elevator mechanic to have
at least eight hours of annual technical safety updates approved by the board.
END_STATUTE
Sec. 8. Section 32-1101, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-1101.
Definitions
A. In this chapter, unless the context otherwise
requires:
1. "Advertisement"
:
(
a
)
Means
any written or oral publication, dissemination, solicitation or circulation
that is intended to directly or indirectly induce any person to enter into an
agreement for contracting services with a contractor
.
, including
(
b
) INCLUDES
business
cards and telephone directory display advertisements.
2. "Commercial contractor" is synonymous
with the terms "commercial builder", "industrial builder"
and "public works builder" and means any person, firm, partnership,
corporation, association or other organization, or a combination of any of
them, that, for compensation, undertakes to or offers to undertake to, purports
to have the capacity to undertake to, submits a bid or responds to a request
for qualification or a request for proposals for construction services to, does
himself or by or through others, or directly or indirectly supervises others,
except within residential property lines, to:
(a) Construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, highway, road, railroad,
excavation or other structure, project, development or improvement, or to do
any part thereof, including the erection of scaffolding or any other structure
or work in connection with the construction.
(b) Connect such a structure or improvements to
utility service lines and metering devices and the sewer line.
(c) Provide mechanical or structural service for any
such structure or improvements.
3. "Contractor":
(a) Is synonymous with the term "builder"
and means any person, firm, partnership, corporation, association or other
organization, or a combination of any of them, that, for compensation,
undertakes to or offers to undertake to, purports to have the capacity to
undertake to, submits a bid or responds to a request for qualification or a
request for proposals for construction services to, does himself or by or
through others, or directly or indirectly supervises others to:
(i) Construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, highway, road, railroad,
excavation or other structure, project, development or improvement, or to do
any part thereof, including the erection of scaffolding or any other structure
or work in connection with the construction.
(ii) Connect such a structure or improvements to
utility service lines and metering devices and the sewer line.
(iii) Provide mechanical or structural service for
any such structure or improvements.
(b) Includes subcontractors, specialty contractors,
floor covering contractors, hardscape contractors and consultants who represent
that they are able to supervise or manage a construction project for the
property owner's benefit, including hiring and firing specialty contractors,
scheduling work on the project and selecting and purchasing construction
material.
4. "Conveyance" has the
same meaning prescribed in section 23-491.
4.
5.
"Dual
licensed contractor" is synonymous with the term "commercial and
residential builder" and means any person, firm, partnership, corporation,
association or other organization, or a combination of any of them, that for
compensation undertakes to or offers to undertake to, purports to have the
capacity to undertake to, submits a bid or responds to a request for
qualification or a request for proposals for construction services to, does
himself or by or through others, or directly or indirectly supervises others
under a single license on commercial or residential property to:
(a) Construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any building, excavation or other structure or
improvement, including any appurtenances, or to do any part thereof.
(b) Connect such a structure or improvements to
utility service lines and metering devices and the sewer line.
(c) Provide mechanical or structural service for any
such structure or improvements.
6. "Elevator" has the same
meaning prescribed in section 23-491.
7. "Elevator contractor"
means a person that has been issued an elevator contractor's license pursuant
to this chapter and that employs at least one elevator mechanic.
8. "Elevator mechanic"
means a person who is certified pursuant to section 32-122.04 and rules adopted
by the state board of TECHNICAL registration to engage in erecting,
constructing, installing, altering, servicing, repairing, testing and
maintaining elevators and conveyances.
5.
9.
"License"
means an authorization for the person who is listed on the electronic, paper or
other records maintained by the registrar to act in the capacity of a
contractor.
6.
10.
"Named
on a license" means
required to be
identified
as required
pursuant to section 32-1122, subsection B.
7.
11.
"Person"
means a corporation, company, partnership, firm, association, trust, society or
natural person.
8.
12.
"Qualifying
party" means a person who is responsible for a licensee's actions and
conduct performed under the license and who either:
(a) Has an ownership interest in the license.
(b) Is regularly employed by the licensee.
9.
13.
"Registrar"
means the registrar of contractors.
10.
14.
"Residential
contractor":
(a) Is synonymous with the term "residential
builder" and means any person, firm, partnership, corporation, association
or other organization, or a combination of any of them, that for compensation
undertakes to or offers to undertake to, purports to have the capacity to
undertake to, submits a bid or responds to a request for qualification or a
request for proposals for construction services to, or does himself or by or
through others, within residential property lines:
(i) Construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish any residential structure, such as houses,
townhouses, condominiums or cooperative units and any appurtenances on or
within residential property lines.
(ii) Connect such a residential structure to utility
service lines, metering devices or sewer lines.
(iii) Provide mechanical or structural service for
any such residential structure.
(b) Does not include an owner making improvements to
the owner's property pursuant to section 32-1121, subsection A, paragraph
5.
B. Only contractors as defined in this section are
licensed and regulated by this chapter.
END_STATUTE
Sec. 9. Section 32-1121, Arizona Revised
Statutes, as amended by Laws 2019, chapter 140, section 1, is amended to read:
START_STATUTE
32-1121.
Persons not required to be licensed; penalties; applicability
A. This chapter does not apply to:
1. An authorized representative of the United States
government, this state or any county, incorporated city or town, reclamation
district, irrigation district or other municipality or political subdivision of
this state.
2. Trustees of an express trust that is not formed
for the purpose of conducting business as a contractor or officers of a court,
if they are acting within the terms of their trust or office.
3. Public utilities operating under regulation of
the corporation commission or construction, repair or operation incidental to
discovering or producing petroleum or gas, or drilling, testing, abandoning or
otherwise operating a petroleum or gas well, if performed by an owner or
lessee.
4. Any materialman, manufacturer or retailer that
furnishes finished products, materials or articles of merchandise and that does
not install or attach such items or installs or attaches such items if the
total value of the sales contract or transaction involving such items and the
cost of the installation or attachment of such items to a structure does not
exceed $1,000, including labor, materials and all other items, but excluding
any electrical fixture or appliance that was designed by the manufacturer, that
is unaltered, unchanged or unmodified by any person, that can be plugged into a
common household electrical outlet using a two-pronged or three-pronged
electrical connector or that has internal batteries that do not exceed twelve
volts in a single, series or parallel configuration and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure. The
materialman, manufacturer or retailer shall inform the purchaser that the
installation may also be performed by a licensed contractor whose name and
address the purchaser may request.
5. Owners of property who improve such property or
who build or improve structures or appurtenances on such property and who do
the work themselves, with their own employees or with duly licensed
contractors, if the structure, group of structures or appurtenances, including
the improvements thereto, are intended for occupancy solely by the owner and
are not intended for occupancy by members of the public as the owner's
employees or business visitors and the structures or appurtenances are not
intended for sale or for rent. In all actions brought under this
chapter, except an action against an owner-occupant as defined in section 33-1002,
proof of the sale or rent or the offering for sale or rent of any such
structure by the owner-builder within one year after completion or
issuance of a certificate of occupancy is prima facie evidence that such a
project was undertaken for the purpose of sale or rent. For the
purposes of this paragraph, "sale" or "rent" includes any
arrangement by which the owner receives compensation in money, provisions,
chattels or labor from the occupancy or the transfer of the property or the
structures on the property.
6. Owners of property who are acting as developers
and who build structures or appurtenances to structures on their property for
the purpose of sale or rent and who contract for such a project with a general
contractor licensed pursuant to this chapter and owners of property who are
acting as developers, who improve structures or appurtenances to structures on
their property for the purpose of sale or rent and who contract for such a
project with a general contractor or specialty contractors licensed pursuant to
this chapter. To qualify for the exemption under this paragraph, the
licensed contractors' names and license numbers shall be included in all sales
documents.
7. Architects or engineers who are engaging in their
professional practice as defined in chapter 1 of this title and who hire or
offer to hire the services of a contractor for preconstruction activities
relating to investigation and discovery, including:
(a) Subsurface utility location and designation
services.
(b) Potholing.
(c) Drilling for any of the following:
(i) Soil samples.
(ii) Rock samples.
(iii) Pavement samples.
(d) Locating existing features of a building or
structure, including existing electrical, mechanical, plumbing and structural
members.
8. A person licensed,
certified or registered pursuant to title 3, chapter 20 or a person working
under the direct supervision of a person certified or qualified pursuant to
title 3, chapter 20 to the extent the person is engaged in pest management.
9. The sale or installation of finished products,
materials or articles of merchandise that are not fabricated into and do not
become a permanent fixed part of the structure.� This exemption does not apply
if a local building permit is required, if the total price of the finished
product, material or article of merchandise, including labor but excluding any
electrical fixture or appliance that was designed by the manufacturer, that is
unaltered, unchanged or unmodified by any person, that can be plugged into a
common household electrical outlet using a two-pronged or three-pronged
electrical connector or that has internal batteries that do not exceed twelve
volts in a single, series or parallel configuration and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other fastening
device to the frame or foundation of any residential structure, is more than
$1,000 or if the removal of the finished product, material or article of
merchandise causes material damage to the structure or renders the structure
unfit for its intended use.
10. Employees of the owners of condominiums,
townhouses, cooperative units or apartment complexes of four units or less or
the owners' management agent or employees of the management agent repairing or
maintaining structures owned by them.
11. Any person who engages in the activities
regulated by this chapter, as an employee of an exempt property owner or as an
employee with wages as the person's sole compensation.
12. A surety company or companies that are
authorized to transact business in this state and that undertake to complete a
contract on which they issued a performance or completion bond if all
construction work is performed by duly licensed contractors.
13. Insurance companies that are authorized to
transact business in this state and that undertake to perform repairs resulting
from casualty losses pursuant to the provisions of a policy if all construction
work is performed by duly licensed contractors.
14. Any person other than a licensed contractor
engaging in any work or operation on one undertaking or project by one or more
contracts, for which the aggregate contract price, including labor, materials
and all other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person, that can be plugged into a common household electrical outlet using a
two-pronged or three-pronged electrical connector or that has
internal batteries that do not exceed twelve volts in a single, series or
parallel configuration and that does not use any other form of energy,
including natural gas, propane or other petroleum or gaseous fuel, to operate
or is attached by a nail, screw or other fastening device to the frame or
foundation of any residential structure, is less than $1,000.� The work or
operations that are exempt under this paragraph shall be of a casual or minor
nature. This exemption does not apply:
(a) In any case in which the performance of the work
requires a local building permit.
(b) In any case in which the work or construction is
only a part of a larger or major operation, whether undertaken by the same or a
different contractor, or in which a division of the operation is made in
contracts of amounts less than $1,000, excluding any electrical fixture or
appliance that was designed by the manufacturer, that is unaltered, unchanged
or unmodified by any person, that can be plugged into a common household
electrical outlet using a two-pronged or three-pronged electrical
connector or that has internal batteries that do not exceed twelve volts in a
single, series or parallel configuration and that does not use any other form
of energy, including natural gas, propane or other petroleum or gaseous fuel,
to operate or is attached by a nail, screw or other fastening device to the
frame or foundation of any residential structure, for the purpose of evasion of
this chapter or otherwise.
(c) To a person who uses any form of advertising to
the public in which the person's unlicensed status is not disclosed by
including the words "not a licensed contractor" in the advertisement.
15. A person who is licensed, certified or
registered pursuant to title 41, chapter 37, article 4 and who is not
otherwise required to be licensed under this chapter or an employee of such
person.
16. A person who functions as a gardener by
performing lawn, garden, shrub and tree maintenance.
17. Alarm agents as defined in section 32-101.
18. Cable television, satellite television and
telecommunications providers, including data and related services of cable
television, satellite television and telecommunications providers including
contractors and subcontractors of cable television, satellite television and
telecommunications providers if the work of the contractors and subcontractors
is limited to installing low-voltage cable, telephone services, internet
services and data service.
Installation
Installing
does not include digging, trenching, grading,
horizontal boring, compacting or filling earthen or other material before the
service drop of the commercial or residential structure.
B. A person who is licensed to perform work in a
particular trade pursuant to this chapter is not required to obtain and
maintain a separate license for mechanical or structural service work the
person performs within the scope of that trade.
C. Any person who does not have an exemption from
licensure pursuant to subsection A, paragraph 14, subdivision (c) of this
section is subject to prosecution for a violation of section 44-1522.�
The attorney general may investigate the act or practice and take appropriate
action pursuant to title 44, chapter 10, article 7.
D. The exemptions from licensure pursuant to
subsection A, paragraphs 4, 9 and 14 of this section do not apply to
either
any
of the following:
1. All fire safety and mechanical, electrical and
plumbing work that is done in connection with fire safety installation and fire
safety maintenance and repair.
�
For the purposes of
this paragraph, "fire safety installation" means hardwired or
interconnected smoke alarms and fire sprinklers and does not include an
individual device that is attached by a nail, screw or other fastening device
to the frame or foundation of any residential unit. For the purposes
of this paragraph, fire safety maintenance and repair does not include routine
work that is conducted by an employee of an apartment or condominium complex
and that is incidental to the fire safety equipment.
2. All work done, including installing, maintaining
and repairing devices, appliances or equipment, that involves connecting to any
supply of natural gas, propane or other petroleum or gaseous fuel.� This
paragraph does not impact the effect of section 36-1624.01.
3. All work by an elevator contractor
or elevator mechanic, including the installation, service, testing and repair
of elevators and elevator equipment. The installation, service,
testing and repair of elevators and elevator equipment does not include routine
work that is conducted by an employee of an elevator contractor and that does
not involve the actual physical installation, maintenance, testing or repair of
elevators or elevator equipment.
END_STATUTE
Sec. 10. Section 32-1121, Arizona Revised
Statutes, as amended by Laws 2019, chapter 145, section 5, is amended to read:
START_STATUTE
32-1121.
Persons not required to be licensed; penalties; applicability
A. This chapter does not apply to:
1. An authorized representative of the United States
government, this state or any county, incorporated city or town, reclamation
district, irrigation district or other municipality or political subdivision of
this state.
2. Officers of a court or trustees of an express
trust that is not formed for the purpose of conducting business as a
contractor, if they are acting within the terms of their office or trust.
3. Public utilities operating under regulation of
the corporation commission or construction, repair or operation incidental to
discovering or producing petroleum or gas, or the drilling, testing, abandoning
or other operation of a petroleum or gas well, if performed by an owner or
lessee.
4. Except as provided in subsection D of this
section, any materialman, manufacturer or retailer who informs the purchaser
that the installation may also be performed by a licensed contractor whose name
and address the purchaser may request
,
and
who furnishes finished products, materials or articles of merchandise and who
either
:
(a) Does not install or attach such items.
(b) Installs or attaches such items if the total
value of the sales contract or transaction involving such items and the cost of
the installation or attachment of such items to a structure does not exceed
$1,000, including labor, materials and all other items, but excluding any
electrical fixture or appliance that meets all of the following:
(i) Was designed by the manufacturer.
(ii) Is unaltered, unchanged or unmodified by any
person.
(iii) Can be plugged into a common electrical
outlet.
5. Owners of property who improve such property or
who build or improve structures or appurtenances on such property and who do
the work themselves, with their own employees or with duly licensed
contractors, if the structure, group of structures or appurtenances, including
the improvements thereto, are intended for occupancy solely by the owner and
are not intended for occupancy by members of the public as the owner's
employees or business visitors and the structures or appurtenances are not
intended for sale or for rent. In all actions brought under this
chapter, except an action against an owner-occupant as defined in section 33-1002,
proof of the sale or rent or the offering for sale or rent of any such
structure by the owner-builder within one year after completion or
issuance of a certificate of occupancy is prima facie evidence that such
project was undertaken for the purpose of sale or rent. For the
purposes of this paragraph, "sale" or "rent" includes any
arrangement by which the owner receives compensation in money, provisions,
chattels or labor from the occupancy or the transfer of the property or the
structures on the property.
6. Owners of property who are acting as developers
and who build structures or appurtenances to structures on their property for
the purpose of sale or rent and who contract for such a project with a general
contractor licensed pursuant to this chapter and owners of property who are
acting as developers, who improve structures or appurtenances to structures on
their property for the purpose of sale or rent and who contract for such a
project with a general contractor or specialty contractors licensed pursuant to
this chapter. To qualify for the exemption under this paragraph, the
licensed contractors' names and license numbers must be included in all sales
documents.
7. Architects or engineers who are engaging in their
professional practice as defined in chapter 1 of this title and who hire or
offer to hire the services of a contractor for preconstruction activities
relating to investigation and discovery, including:
(a) Subsurface utility location and designation
services.
(b) Potholing.
(c) Drilling for any of the following:
(i) Soil samples.
(ii) Rock samples.
(iii) Pavement samples.
(d) Locating existing features of a building or
structure, including existing electrical, mechanical, plumbing and structural
members.
8. A person licensed, certified or registered
pursuant to title 3, chapter 20 or a person working under the direct
supervision of a person certified or qualified pursuant to title 3, chapter 20
to the extent the person is engaged in pest management.
9. Except as provided in subsection D of this
section, the sale or installation of finished products, materials or articles
of merchandise that are not fabricated into and do not become a permanent fixed
part of the structure.� This exemption does not apply if a local building
permit is required, if the removal of the finished product, material or article
of merchandise causes damage to the structure or renders the structure unfit
for its intended use or if the total price of the finished product, material or
article of merchandise is more than $1,000, including labor but excluding any
electrical fixture or appliance that meets all of the following:
(a) Was designed by the manufacturer.
(b) Is unaltered, unchanged or unmodified by any
person.
(c) Can be plugged into a common electrical outlet.
10. Employees of the owners of condominiums,
townhouses, cooperative units or apartment complexes of four units or less or
the owners' management agent or employees of the management agent repairing or
maintaining structures owned by them.
11. Any person who engages in the activities
regulated by this chapter, as an employee of an exempt property owner or as an
employee with wages as the person's sole compensation.
12. A surety company or companies that are
authorized to transact business in this state and that undertake to complete a
contract on which they issued a performance or completion bond, if construction
work is performed by duly licensed contractors.
13. Insurance companies that are authorized to
transact business in this state and that undertake to perform repairs resulting
from casualty losses pursuant to the provisions of a policy, if construction
work is performed by duly licensed contractors.
14. Except as provided in subsection D of this
section, any person other than a licensed contractor engaging in any work or
operation on one undertaking or project by one or more contracts, for which the
aggregate contract price is less than $1,000, including labor, materials and
all other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified by any
person and that can be plugged into a common electrical outlet. The
work or operations that are exempt under this paragraph must be of a casual or
minor nature. This exemption does not apply:
(a) In any case in which the performance of the work
requires a local building permit.
(b) In any case in which the work or construction is
only a part of a larger or major operation, whether undertaken by the same or a
different contractor, or in which a division of the operation is made in
contracts of amounts less than $1,000, excluding any electrical fixture or
appliance that was designed by the manufacturer, that is unaltered, unchanged
or unmodified by any person and that can be plugged into a common electrical
outlet.
(c) To a person who utilizes any form of advertising
to the public in which the person's unlicensed status is not disclosed by
including the words "not a licensed contractor" in the advertisement.
15. A person who is licensed, certified or
registered pursuant to title 41, chapter 37, article 4 and who is not
otherwise required to be licensed under this chapter or an employee of such
person.
16. A person who functions as a gardener by
performing lawn, garden, shrub and tree maintenance.
17. Alarm agents as defined in section 32-101.
B. A person who is licensed to perform work in a
particular trade pursuant to this chapter is not required to obtain and
maintain a separate license for mechanical or structural service work performed
within the scope of such trade by such person.
C. Any person who does not have an exemption from
licensure pursuant to subsection A, paragraph 14, subdivision (c) of this
section is subject to prosecution for a violation of section 44-1522.�
The attorney general may investigate the act or practice and take appropriate
action pursuant to title 44, chapter 10, article 7.
D. The exemptions from licensure pursuant to
subsection A, paragraphs 4, 9 and 14 of this section do not apply to
either
any
of the following:
1. All fire safety and mechanical, electrical and
plumbing work that is done in connection with fire safety installation and fire
safety maintenance and repair.
�
For the purposes of
this paragraph, "fire safety installation" means hardwired or
interconnected smoke alarms and fire sprinklers and does not include an
individual device that is attached by a nail, screw or other fastening device
to the frame or foundation of any residential unit. For the purposes
of this paragraph, fire safety maintenance and repair does not include routine
work that is conducted by an employee of an apartment or condominium complex
and that is incidental to the fire safety equipment.
2. All work that is done, including the
installation, maintenance and repair of devices, appliances or equipment, that
involves the connecting to any supply of natural gas, propane or other
petroleum or gaseous fuel. Nothing in this paragraph impacts the
effect of section 36-1624.01.
3. All work by an elevator contractor
or elevator mechanic, including the installation, service, testing and repair
of elevators and elevator equipment. The installation, service,
testing and repair of elevators and elevator equipment does not include routine
work that is conducted by an employee of an elevator contractor and that does
not involve the actual physical installation, maintenance, testing or repair of
elevators or elevator equipment.
E. A joint venture or other combination of persons,
firms, partnerships, corporations, associations or other organizations is not
required to obtain a separate contractor's license in its own name if all of
the following apply:
1. At least one member of the joint venture or
combination holds a contractor's license in good standing with the registrar.
2. Each member of the joint venture or combination
that acts as a contractor holds a license in good standing with the registrar.
3. Each licensed member of the joint venture or
combination only performs work within the scope of that member's contractor's
license or licenses.
END_STATUTE
Sec. 11.
Retention of
members
Notwithstanding section 32-102,
Arizona Revised Statutes, as amended by this act, all persons serving as members
of the state board of technical registration on the effective date of this act
may continue to serve until the expiration of their normal terms.� All
subsequent appointments shall be as prescribed by statute.