Arizona HVAC & Mechanical Licensing Law

Arizona Code · 6 sections

The following is the full text of Arizona’s hvac & mechanical licensing law statutes as published in the Arizona Code. For the official version, see the Arizona Legislature.

A.R.S. § 11-00323

11-323 - Solar construction permits; standards; definition

11-323. Solar construction permits; standards; definition

A. Counties shall adopt the following standards for issuing permits for the use of certain solar energy devices:

1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply:

(a) The location of the photovoltaic system installation shall be indicated on the construction plans, including the roof plan and elevation.

(b) Photovoltaic panel mounting details shall be included in the installation plans.

(c) The electrical diagrams shall include one-line or three-line diagrams. A one-line or three-line electrical diagram is not required if a qualified online automated permitting platform is used to verify code compliance.

(d) For direct current to alternating current conversions, the cut sheet and listings for inverters shall be included in the plans.

(e) A county shall not require a stamp from a professional engineer for a solar photovoltaic system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.

(f) A county may use a qualified online automated permitting platform to verify code compliance in order to satisfy the requirements of subdivisions (a), (b), and (c) of this paragraph.

1. For solar water heating systems, the following apply:

(a) The location of the solar panel system shall be indicated on the construction plans, including the roof plan and elevation, and shall include mounting details for panel installation.

(b) Construction plan notes shall include a requirement that solar water heating equipment be installed in compliance with applicable plumbing codes and as prescribed by a solar rating and certification corporation and any guidelines adopted by this state.

(c) A county shall not require a stamp from a professional engineer for a single-family solar water heating system unless an engineering stamp is deemed necessary. If an engineering stamp is deemed necessary, the county shall provide the permittee a written explanation of why the engineering stamp is necessary.

B. Any building or permit fee or charge assessed by a county for a building permit for solar construction must be attributable to and defray or cover the expense of the service for which the fee or charge is assessed. A fee or charge shall not exceed the actual cost of issuing a permit, and a written, itemized list of the individual costs associated with the permit fee shall be provided at the request of the permittee.

C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, a county shall hold a public hearing on the issue with at least fifteen days' published notice.

D. The method by which a county arrives at an assessed permit or plan fee must be published and made available to the public.

E. For the purposes of this section, "qualified online automated permitting platform" means a web-based portal that automates plan review, produces code-compliant approvals and issues permits for residential solar energy systems and residential energy storage systems paired with residential solar energy systems in real time.

A.R.S. § 11-00875

11-875 - Clean burning fireplace ordinance

11-875. Clean burning fireplace ordinance

A. By December 31, 1998, a county that contains any portion of area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for air quality planning in area A. A county that contains any portion of area A as defined in section 49-541 that has a population of less than one million two hundred thousand persons according to the most recent United States decennial census shall adopt, implement and enforce the ordinance only in those portions of the county which are located in area A. The ordinance shall prohibit the installation or construction of a fireplace or wood stove in area A unless it is one of the following:

1. A fireplace that has a permanently installed gas or electric log insert.

2. A fireplace, a wood stove or any other solid fuel burning appliance that is any of the following:

(a) Certified by the United States environmental protection agency as in compliance with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(b) A wood stove tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

(c) Determined by the county air quality control officer to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.

1. A fireplace that has a permanently installed wood stove insert that complies with paragraph 2, subdivision (a), (b) or (c) of this section.

B. The ordinance shall prohibit the subsequent conversion or alteration of a permitted fireplace or wood stove to a nonpermitted use.

C. The ordinance may provide for exemptions from regulation for heating or industrial equipment, cooking devices and outdoor fireplaces.

A.R.S. § 11-00876

11-876 - Engine idling restrictions; exemptions; applicability; civil penalty; definition

11-876. Engine idling restrictions; exemptions; applicability; civil penalty; definition

A. By July 1, 2002, a county that contains any portion of area A as defined in section 49-451 shall adopt, implement and enforce ordinances that place limits on the maximum idling time for engines that propel heavy-duty diesel vehicles with a gross vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at least include exemptions for:

1. Certain types of vehicles, such as police, fire and other emergency vehicles.

2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle.

3. Certain types of equipment operations, such as refrigeration of cargo.

B. A county with a population of less than one million two hundred thousand persons shall adopt, implement and enforce the ordinances required by this section only for those portions of the county that are located in area A.

C. Any other county may adopt, implement and enforce ordinances that comply with this section.

D. A driver who violates an ordinance adopted pursuant to this section is subject to:

1. The imposition of a civil penalty of one hundred dollars for the first violation.

2. The imposition of a civil penalty of three hundred dollars for a second or any subsequent violation.

E. Ordinances adopted pursuant to this section may be enforced by a county control officer or any law enforcement officer who is authorized to enforce traffic laws. For violations of ordinances adopted pursuant to this section, an officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The officer may issue citations to persons who violate an ordinance adopted pursuant to this section.

F. In enforcing ordinances adopted pursuant to this section, a county control officer or authorized law enforcement officer shall only issue one citation per traffic stop or investigation of a driver whose vehicle exceeds the maximum idling limits established pursuant to this section.

G. For the purposes of this section, "idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine.

A.R.S. § 17-00621

17-621 - Recording proximity to shooting range; definition

17-621. Recording proximity to shooting range; definition

A. A city with a population of more than one million persons shall execute and record in the office of the county recorder a document relating to real property located within one-half mile of the exterior boundaries of any shooting range that is owned by this state and that is located within or adjacent to the exterior municipal boundaries on or before January 1, 2004. The city attorney shall prepare the document in recordable form. The document must be on eight and one-half inch by eleven inch paper containing the following information in twelve point type:

1. A legal description of the property within one-half mile of the exterior boundaries of the shooting range. To assist in identifying that property, the game and fish commission shall submit the legal description of the shooting range to the city attorney.

2. The following disclosure:

This property is located within one-half mile of the exterior boundaries of a shooting range and may be subject to:

1. Increased noise.

2. Restrictions on the use of the property under the city's general plan and zoning ordinances.

B. The game and fish commission shall not close a shooting range described in this section unless all of the following occur:

1. The director of the department recommends the closure in writing.

2. The commission issues a report detailing the basis for the recommendation.

3. The commission unanimously approves the closure after public hearings have been held to discuss the closure in the three counties with the highest population.

4. The joint committee on capital review reviews the closure recommendation.

5. The governor approves the closure in an executive order.

C. For the purposes of this section, "shooting range" means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range does not include:

1. Any area for the exclusive use of archery or air guns.

2. An enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.

3. A national guard facility located in a city or town with a population of more than one million persons.

4. A facility that was not owned by this state before January 1, 2002. Â

A.R.S. § 3-00714

3-714 - Annual licensing; application; fee; display; exceptions

3-714. Annual licensing; application; fee; display; exceptions

A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale within this state without first obtaining a license from the division.

B. Applications for the license shall be made in writing upon forms obtained from the division, accompanied by a license fee as provided by this section.

C. The annual license fee shall be twenty-five dollars for each place or location where the business of the applicant is being or will be conducted. An exclusive retailer selling to consumers only is exempt from the license fee. The license shall be conspicuously displayed and posted at each place or location where the business of the licensee is conducted. Licenses shall expire on February 28 following the issuance thereof. A new license may be obtained for an additional period of one year upon written application and payment of a fee of twenty-five dollars for each place or location where the business is being or will be conducted.

D. Each applicant for a license shall state the name and address of the applicant, the location of each place or location where the business of the applicant is being or is intended to be conducted and that the applicant will in the conduct of the business comply with this article and the rules adopted pursuant to this article.

E. The provisions of this section shall not apply to consumers or persons who are exclusively retailers of egg products.

F. Persons handling eggs in a retail establishment for retail sale only to a consumer, or eggs which have been candled, graded and sold by a producer or a licensed person under this section, having proper refrigeration facilities for handling and storing the eggs at their retail place of business, shall not be subject to the licensing provisions of this section.

G. The licensing provisions of this section shall not apply to retailers complying with section 3-715, subsection A.

A.R.S. § 4-00243

4-243 - Commercial coercion or bribery unlawful; exceptions

4-243. Commercial coercion or bribery unlawful; exceptions

A. It is unlawful for a person engaged in the business of distiller, vintner, brewer, rectifier or blender or any other producer or wholesaler of any spirituous liquor, directly or indirectly, or through an affiliate:

1. To require that a retailer purchase spirituous liquor from the producer or wholesaler to the exclusion, in whole or in part, of spirituous liquor sold or offered for sale by other persons.

2. To induce a retailer by any form of commercial bribery to purchase spirituous liquor from the producer or wholesaler to the exclusion, in whole or in part, of spirituous liquor sold or offered for sale by other persons.

3. To acquire an interest in property owned, occupied or used by the retailer in the retailer's business, or in a license with respect to the premises of the retailer.

4. To furnish, give, rent, lend or sell to the retailer equipment, fixtures, signs, supplies, money, services or other things of value, subject to the exception as the rules adopted pursuant to this title may prescribe, having regard for established trade customs and the purposes of this subsection.

5. To pay or credit the retailer for advertising, display or distribution service, except that the director may adopt rules regarding advertising in conjunction with seasonal sporting events.

6. To guarantee a loan or repayment of a financial obligation of the retailer.

7. To extend credit to the retailer on a sale of spirituous liquor.

8. To require the retailer to take and dispose of a certain quota of spirituous liquor.

9. To offer or give a bonus, a premium or compensation to the retailer or any of the retailer's officers, employees or representatives.

B. This section does not prohibit any distiller, vintner, brewer, rectifier, blender or other producer or wholesaler of any spirituous liquor from:

1. Giving financial and other forms of event sponsorship assistance to nonprofit or charitable organizations for purposes of charitable fundraising that are issued special event licenses by the department. This section does not prohibit suppliers from advertising their sponsorship at such special events.

2. Providing samples to retail consumers at on-sale premises establishments according to the following procedures:

(a) Sampling operations shall be conducted under the supervision of an employee of the sponsoring producer or wholesaler.

(b) Sampling shall be limited to sixteen ounces of beer or cooler products, six ounces of wine or two ounces of distilled spirits per person per brand.

(c) If requesting the on-sale retailer to prepare a drink for the consumer, the producer's or wholesaler's representative shall pay the retailer for the sample drink.

(d) The producer or wholesaler may not buy the on-sale retailer or the retailer's employees a drink during their working hours or while they are engaged in waiting on or serving customers.

(e) The producer or wholesaler may not give a keg of beer or any spirituous liquor or any other gifts or benefits to the on-sale retailer.

(f) All sampling procedures shall comply with federal sampling laws and regulations.

1. Providing samples to retail consumers on an off-sale retailer's premises according to the following procedures:

(a) Sampling shall be conducted by an employee of the sponsoring producer or wholesaler.

(b) The producer or wholesaler shall notify the department in writing or by electronic means at least five days before the sampling of the date, time and location of the sampling and of the name of the wholesaler or producer distributing the product.

(c) Sampling is limited to three ounces of beer, one and one-half ounces of wine or one ounce of distilled spirits per person per day for consumption on the premises and up to seventy-two ounces of beer and two ounces of distilled spirits per person per day for consumption off the premises.

(d) An off-sale retailer shall not allow sampling to be conducted on a licensed premises on more than twelve days in any calendar year per wholesaler or producer.

(e) Sampling shall be limited to two wholesalers or producers at any one off-sale retailer's premises on any day and shall not exceed three hours on any day per approved sampling.

(f) A producer conducting sampling shall buy the sampled product from a wholesaler or from the retailer where the sampling is being conducted. If the product for the sampling is purchased from the retailer, the amount paid for the product must be the same amount that the retailer charges for sale to the general public.

(g) The producer or wholesaler shall not provide samples to any person who is under the legal drinking age.

(h) The producer or wholesaler may not provide samples to the retailer or the retailer's employees.

(i) Sampling shall not be conducted in retail premises with a total of under five thousand square feet of retail space unless at least seventy-five percent of the retailer's shelf space is dedicated to the sale of spirituous liquor.

(j) The producer or wholesaler may not give spirituous liquor or any other gifts or benefits to the off-sale retailer.

(k) All sampling procedures shall comply with federal sampling laws and regulations.

C. Notwithstanding subsection A, paragraph 4 of this section, any wholesaler of any spirituous liquor may sell tobacco products or foodstuffs to a retailer at a price not less than the cost to the wholesaler.

D. Notwithstanding subsection A, paragraph 4, and subsection B, paragraph 2, subdivision (e) of this section, any wholesaler may furnish without cost promotional items to an on-sale retailer, except that the total market value of the promotional items furnished by that wholesaler to that retailer in any calendar year shall not exceed $700. For the purposes of this subsection, "promotional items":

1. Means items of equipment, supplies, novelties or other advertising specialties that conspicuously display the brand name of a spirituous liquor product.

2. Does not include signs, dispensing or tapping machines or equipment or refrigerators.

E. Notwithstanding subsection A, paragraphs 4 and 7 of this section, a wholesaler may in the wholesaler's sole discretion accept the return of malt beverage products from a retailer under any of the following conditions:

1. The retailer's licensed premises will be closed for business for thirty or more consecutive days, and the products are likely to spoil or expire during the business closing period.

2. The retailer's licensed premises is used primarily as a music or live sporting venue with a permanent occupancy of more than one thousand people, and the products are likely to spoil or expire during the time period between venue events.

3. The retailer holds a governmental entity license and conducts less than six events per year at which products are sold, and the products are likely to spoil or expire during the time period between events.

F. It is unlawful for a retailer to request or knowingly receive anything of value that a distiller, vintner, brewer, rectifier or blender or any other producer or wholesaler is prohibited by subsection A, D or E of this section from furnishing to a retailer, except that this subsection does not prohibit special discounts provided to retailers and based on quantity purchases.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)