Arizona Laws 41-4006. Preemption of local building codes; responsibility for maintenance of utility connections
A. No building code or local enforcement agency or its adopted building codes may require, as a condition of entry into or sale in any county or municipality, that any unit that has been certified pursuant to this chapter be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit that is inspected pursuant to this article.
Terms Used In Arizona Laws 41-4006
- Act: means the national manufactured housing construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P. See Arizona Laws 41-4001
- Certificate: means a numbered or serialized label or seal that is issued by the director as certification of compliance with this chapter. See Arizona Laws 41-4001
- Installation: means :
(a) Connecting new or used mobile homes, manufactured homes or factory-built buildings to on-site utility terminals or repairing these utility connections. See Arizona Laws 41-4001
- Local enforcement agency: means a zoning or building department of a city, town or county or its agents. See Arizona Laws 41-4001
- Manufactured home: means a structure built in accordance with the act. See Arizona Laws 41-4001
- Mobile home: means a structure built before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. See Arizona Laws 41-4001
- Office: means the office of manufactured housing within the department. See Arizona Laws 41-4001
- Property: includes both real and personal property. See Arizona Laws 1-215
- Site development: means the development of an area for the installation of the unit's or units' locations, parking, surface drainage, driveways, on-site utility terminals and property lines at a proposed construction site or area. See Arizona Laws 41-4001
- Unit: means a manufactured home, mobile home, factory-built building or accessory structures. See Arizona Laws 41-4001
B. Except where a local enforcement agency participates in the office permit and certificate issuance program for the installation of manufactured homes, mobile homes, factory-built buildings and accessory structures and inspection of such installations, no local enforcement agency shall subject any unit installed to any local inspections or charge a fee for any services provided pursuant to this article.
C. A local enforcement agency in any county or municipality shall recognize the minimum standards of the act as equal to any nationally accepted or locally adopted building code standard.
D. Nothing in subsection A, B or C of this section shall prevent the application of local codes and ordinances governing zoning requirements, fire zones, building setback, maximum area and fire separation requirements, site development and property line requirements and requirements for on-site utility terminals for factory-built buildings, manufactured homes and mobile homes.
E. Notwithstanding any other provision of this section, the owner of a manufactured home or mobile home located in a park subject to Title 33, Chapter 11 is responsible for the maintenance of utility connections from any outlets furnished by the landlord pursuant to section 33-1434 to the unit, except that the landlord is responsible for the maintenance of connections for any distance greater than twenty-five feet to the point at which the utility connections are the property of the providing utility company if the outlet is located outside the lot line of the owner’s unit and is more than twenty-five feet from the unit. A local enforcement agency that determines that local code requirements are not being met or that maintenance or safety activities are needed for utility connections may not require anyone except the responsible party to perform or pay for such activities.