REFERENCE TITLE: board of technical registration; omnibus
State of Arizona
Senate
Fifty-second
Legislature Second Regular Session 2016
S. B.
Introduced by
AN ACT
AMENDING SECTIONS 32-101 AND 32-102,
ARIZONA REVISED STATUTES; REPEALING SECTION
32-108, ARIZONA REVISED
STATUTES; AMENDING SECTIONS
32-111, 32-122,
32-122.01, 32-122.02, 32-123, 32-127, 32-129 AND 32-152,
ARIZONA REVISED STATUTES; RELATING TO THE STATE BOARD OF TECHNICAL REGISTRATION.
(TEXT
OF BILL BEGINS ON NEXT PAGE)
1
Be it enacted by the Legislature of the State of Arizona:
2
Section 1. Section 32-101, Arizona Revised Statutes, is
amended to
3
read:
4
32-101. Purpose; definitions
5
A. The purpose of this chapter
is to provide for the safety, health
6
and welfare of the public through the promulgation and enforcement of
7 standards of qualification for those individuals WHO
ARE registered or
8
certified and seeking
registration or certification pursuant to this
chapter.
9
B. In this chapter, unless the
context otherwise requires:
10
1. "Advertising" includes business cards, signs or letterhead provided
11
by a person to the public.
12
2. "Alarm" or
"alarm system":
13
(a) Means any mechanical or electrical device
that is designed to emit
14
an audible alarm or transmit a signal or message if activated
and that is
15
used to detect an unauthorized entry into a building or other
facility or
16
alert other persons of the occurrence of a medical emergency or the
17
commission of an unlawful act against a person or in a building
or other
18
facility.
19
(b) Includes a silent, panic,
holdup, robbery, duress, burglary,
20
medical alert or proprietor alarm
that requires emergency personnel to
21
respond.
22
(c) Does not include a telephone
call diverter or a system that is
23
designed to report environmental and other occurrences and that is not
24
designed or used to alert or cause other persons to alert
public safety
25
personnel.
26
3. "Alarm agent":
27
(a) Means a person, whether
an employee, an independent contractor or
28
otherwise, who acts on behalf
of an alarm business and who tests,
maintains,
29
services, repairs, sells, rents, leases or installs alarm systems.
30
(b) Does not include any action
by a person that:
31
(i) Is performed in connection
with an alarm system located on the
32
person's own property or the property of the person's employer.
33
(ii) Is acting on behalf
of an alarm business whose
work duties do not
34
include visiting the location where an alarm system installation occurs.
35
4. "Alarm business":
36
(a) Means any person who, either
alone or through a third party,
37
engages in the business of either of the following:
38
(i) Providing alarm monitoring services.
39
(ii) Selling, leasing, renting, maintaining, repairing or installing a
40
nonproprietor alarm system or
service.
41
(b) Does not include any of the following:
42
(i) A person or company
that purchases, rents
or uses an alarm that
is
43
affixed to a motor vehicle.
1
(ii) A person who owns or
conducts a business of selling, leasing,
2
renting, installing, maintaining or monitoring an alarm that
is affixed to a
3
motor vehicle.
4
(iii) A person who installs a
nonmonitored proprietor alarm for a
5
business that the person owns, is employed by or manages.
6
(iv) The installation or
monitoring of fire alarm systems.
7
(v) An alarm system that is
operated by a city or town.
8
5. "Alarm subscriber"
means any person who:
9
(a) Leases, rents
or purchases any monitored alarm system or service
10
from an alarm business.
11
(b) Leases or rents an alarm system.
12
(c) Contracts with an alarm business for alarm monitoring,
13
installation, repair or maintenance services.
14
6. "Architect" means
a person who, by reason of knowledge of
the
15
mathematical and physical sciences and the principles of
architecture and
16
architectural engineering acquired by professional education and practical
17 experience, is qualified to engage in the practice
of architecture as
18 attested by
registration as an architect AND IS REGISTERED AS AN ARCHITECT
19 PURSUANT TO THIS CHAPTER.
20
7. "Architect-in-training"
means a candidate for registration as a
21 professional architect who is a graduate of a school
approved by the
board or
22 who has five years or more of education or experience, or both, in
23 architectural work
which meets standards specified by the board in its rules.
24 In addition,
the candidate shall have passed the architect-in-training
25 examination.
26
8. 7. "Architectural
practice" means any professional service
or
27
creative work requiring architectural education, training and experience, and
28
the application of the mathematical and physical sciences and the principles
29
of architecture and architectural engineering to such professional services
30
or creative work as consultation, evaluation, design and review of
31
construction for conformance with contract documents and design, in
32
connection with any building, planning or site development. A person shall
33
be deemed to practice or offer to practice architecture who in
any manner
34 represents that the person
is an architect,
or
is able to perform any
35
architectural service or other services
recognized by educational authorities
36
as architecture.
37
9. 8. "Assayer" means
a person who analyzes metals,
ores, minerals,
38
or alloys in order to ascertain the quantity of gold or silver or any other
39
substance present in them. A
person employed on a full-time basis as an
40
assayer by an employer engaged in the business of developing,
mining or
41
treating ores or other minerals shall not be deemed to be engaged
in assaying
42
practice for the purposes of this chapter
if the person engages in assaying
43
practice exclusively for and as an employee of such employer and
does not
44
represent that the person is available and is not represented as being
1
available to perform
any assaying services
for anyone other
than the person's
2
employer.
3
10. 9. "Assayer-in-training" means
a candidate for registration as a
4
professional assayer who is a graduate of a school
and curriculum approved by
5
the board or who has four years or more of education or experience, or both,
6 in assaying work which THAT meets standards specified by the board in its
7
rules. In addition, the candidate shall have passed
the assayer-in-training
8
examination.
9
11. 10. "Assaying
practice" means any professional service or work
10
requiring assaying education, training and experience and the application of
11
special knowledge of the mineral
sciences to such service or work as
12
consultation and the
evaluation of minerals. A person is deemed to practice
13
or offer to practice assaying who in any
manner represents that
the person is
14
an assayer or is able to perform any assaying service or
other services
15
recognized by educational authorities as assaying.
16
12. 11. "Board"
means the state board of technical registration.
17
13. 12. "Certified remediation specialist" means a person who has been
18
certified by the board to perform, supervise
and review environmental
19
remediations if the
use of a certified remediation specialist is specifically
20
authorized by title 49 and rules adopted pursuant to title 49.
21
14. 13. "Controlling person":
22
(a) Means a person who is
designated by an alarm business.
23
(b) Does not include an alarm agent.
24
15. 14. "Drug laboratory site remediation firm" means a firm that is
25
licensed by the registrar of contractors pursuant to chapter 10 of this
title
26
and that performs
remediation of residual
contamination from the manufacture
27
of methamphetamine, ecstasy
or LSD or the storage
of chemicals or equipment
28
used in manufacturing methamphetamine, ecstasy or LSD. For the purposes of
29
this paragraph:
30
(a) "Ecstasy" has the
same meaning prescribed in section 13-3401,
31
paragraph 6 and
includes any of the precursor chemicals, regulated chemicals,
32
other substances or equipment used in the unlawful manufacture of the
33
dangerous drug.
34
(b) "LSD" has the same meaning prescribed in section 13-3401,
35
paragraph 6 and
includes any of the precursor chemicals, regulated chemicals,
36
other substances or equipment used in the unlawful manufacture of the
37
dangerous drug.
38
(c) "Methamphetamine"
has the same meaning prescribed in section
39
13-3401, paragraph 6 and includes
any of the precursor chemicals, regulated
40
chemicals, other substances or equipment used
in the unlawful manufacture of
41
the dangerous drug.
42
16. 15. "Engineer" means
a person who,
by reason of special knowledge
43
of the mathematical and physical sciences
and the principles and methods
of
44
engineering analysis and design acquired
by professional education
and
45 practical experience, is
qualified to practice engineering as attested by
1 registration as a professional engineer AND IS REGISTERED AS A PROFESSIONAL
2 ENGINEER PURSUANT
TO THIS CHAPTER.
3
17. 16. "Engineering
practice" means any professional service
or
4
creative work requiring engineering education, training and
experience and
5
the application of special knowledge of the mathematical, physical and
6
engineering sciences to such professional services or creative
work as
7
consultation, research investigation, evaluation, planning,
surveying as
8 defined in paragraph 27 26, subdivisions (d) and (e) of this subsection,
9
design, location, development, and review of construction for conformance
10
with contract documents and design, in connection with
any public or private
11
utility, structure, building, machine, equipment, process,
work or project.
12
Such services and work include plans and designs relating to the location,
13
development, mining and treatment of ore and other minerals. A
person shall
14
be deemed to be practicing or offering to practice engineering if the person
15
practices any branch of the profession of engineering, or by
verbal claim,
16
sign, advertisement, letterhead, card or any other manner
represents that the
17
person is a professional engineer, or is able to perform or does perform
any
18
engineering service or other service
recognized by educational authorities as
19
engineering. A person employed on a
full-time basis as an engineer by an
20
employer engaged in the business
of developing, mining
and treating ores
and
21
other minerals shall not be deemed to be practicing engineering
for the
22
purposes of this chapter if the person
engages in the
practice of engineering
23
exclusively for and as an employee of such employer and does not represent
24
that the person is available and is not represented as being
available to
25
perform any engineering services for persons other than the person's
26
employer.
27
18. 17. "Engineer-in-training" means a candidate
for registration as a
28
professional engineer who
is a graduate in an approved engineering curriculum
29
of four years or more of a school approved
by the board or who has had four
30 years or more of education or experience, or both, in engineering work which
31 THAT meets standards
specified by the board in its rules. In
addition, the
32
candidate shall have passed the engineer-in-training examination.
33
19. 18. "Firm"
means any individual or partnership, corporation or
34
other type of association, including the association of a nonregistrant and a
35
registrant who offers to the public professional services
regulated by the
36
board.
37
20. 19. "Geological practice" means any professional service or work
38 requiring geological education, training and
experience,
and the application
39
of special knowledge of the earth
sciences to such professional services
as
40
consultation, evaluation of mining properties, petroleum
properties and
41
groundwater resources, professional supervision of exploration
for mineral
42
natural resources including metallic and nonmetallic ores,
petroleum and
43
groundwater, and the geological phases of engineering investigations.
44
21. 20. "Geologist" means
a person, not
of necessity an engineer, who
45
by reason of special knowledge of the earth
sciences and the principles and
-
4 -
1
methods of search for and appraisal of mineral or other natural resources
2
acquired by professional education and practical
experience is qualified
to
3
practice geology as attested by registration as a professional geologist. A
4
person employed on a full-time basis as a geologist by an employer engaged in
5
the business of developing, mining
or treating ores
and other minerals shall
6
not be deemed to be engaged in geological practice
for the purposes
of this
7
chapter if the person engages
in geological practice
exclusively for and as
8
an employee of such employer
and does not represent that the person is
9
available and is not represented as being available to perform any geological
10
services for persons other than the person's employer.
11
22. 21. "Geologist-in-training" means
a candidate for
registration as
12
a professional geologist who is a graduate of a school approved by the
13 board or who has had four years or more of education or experience, or
14 both, in geological work which THAT meets standards specified by the
15
board in its rules. In addition, the candidate shall have
passed the
16
geologist-in-training examination.
17
23. 22. "Home inspection" means a visual
analysis for the purposes of
18
providing a professional opinion of the building, any reasonably accessible
19
installed components and the operation
of the building's systems, including
20
the controls normally
operated by the owner, for
the following components of
21
a residential building of four units or less:
22
(a) Heating system.
23
(b) Cooling system.
24
(c) Plumbing system.
25
(d) Electrical system.
26
(e) Structural components.
27
(f) Foundation.
28
(g) Roof covering.
29
(h) Exterior and interior components.
30
(i) Site aspects as they affect
the building.
31
(j) Pursuant to rules adopted by
the board, swimming pool and spa.
32
24. 23. "Home inspection report" means a written report that is
33
prepared for compensation, that is issued after a home
inspection and that
34
clearly describes and identifies the inspected systems,
structures and
35
components of a completed dwelling
and any visible
major defects found
to be
36
in need of immediate major repair and any recommendations
for additional
37
evaluation by appropriate persons.
38
25. 24. "Home inspector" means an individual who is certified pursuant
39
to this chapter
as a home inspector and who engages
in the business of
40
performing home inspections and writing home inspection reports.
41
26. 25. "Home inspector-in-training" means a candidate for
42
certification as a home inspector
who has completed a course of study
43
approved by the board and who is participating in a training
program that
44
complies with standards recommended by the
home inspector rules
and standards
45
committee and approved by the
board.
1
27. 26. "Land surveying practice" means the performance of one or more
2
of the following professional
services:
3
(a) Measurement of land to determine the position of any monument
or
4 reference point
which THAT marks a property
line, boundary or corner for the
5
purpose of determining the area or description of the land.
6
(b) Location, relocation,
establishment, reestablishment, setting,
7
resetting or replacing of corner monuments or reference points
which identify
8
land boundaries, rights-of-way or easements.
9
(c) Platting or plotting of
lands for the purpose of subdividing.
10
(d) Measurement by angles,
distances and elevations of natural or
11
artificial features in the air, on the surface and immediate
subsurface of
12
the earth, within
underground workings and
on the surface
or within bodies
of
13
water for the purpose of determining or establishing their
location, size,
14
shape, topography, grades, contours or water surface and depths,
and the
15
preparation and perpetuation of field note records and maps depicting these
16
features.
17
(e) Setting, resetting or replacing of points to guide the location of
18
new construction.
19
28. 27. "Land surveyor" means a person who by reason of knowledge of
20
the mathematical and physical sciences, principles of land
surveying and
21
evidence gathering acquired by professional education or practical
22
experience, or both,
is qualified to practice land surveying as attested by
23
registration as a land surveyor. A person employed on a full-time basis as a
24
land surveyor by an employer
engaged in the
business of developing, mining or
25
treating ores or other minerals shall not be deemed to be
engaged in land
26
surveying practice for purposes of this chapter
if the person
engages in land
27
surveying practice exclusively for and as an employee of such
employer and
28
does not represent that the person is available and is not
represented as
29
being available to perform any land surveying services for persons
other than
30
the person's employer.
31
29. 28. "Land surveyor-in-training" means a candidate for registration
32
as a professional land surveyor who is a graduate of a school
and curriculum
33 approved by the board, or who has four years or more of education or
34 experience, or both, in land surveying
work which THAT meets standards
35
specified by the board in its rules. In
addition, the candidate shall have
36
passed the land surveyor-in-training examination.
37
30. 29. "Landscape architect" means a person who, by reason of
38
professional education or practical experience, or both, is
qualified to
39
engage in the
practice of landscape architecture as attested by registration
40
as a landscape architect.
41
31. "Landscape architect-in-training" means a candidate for
42 registration as a
professional landscape architect who is a graduate of a
43 school approved
by the board or who has had four years or more of education
44 or experience, or both, in landscape architectural work which meets
standards
1 specified by the
board in its rules. In addition, the
candidate shall have
2 passed the
landscape architect-in-training examination.
3
32. 30. "Landscape
architectural practice" means the performance of
4
professional services such as consultations, investigation, reconnaissance,
5
research, planning, design
or responsible supervision in connection with the
6
development of land and incidental water areas where,
and to the
extent that,
7
the dominant purpose of such services is the preservation,
enhancement or
8
determination of proper land uses, natural land features, ground
cover and
9
planting, naturalistic and aesthetic values,
the settings of and approaches
10
to buildings, structures, facilities or other
improvements, natural drainage
11
and the consideration and the determination of inherent problems of the land
12
relating to erosion, wear and tear, light or other hazards. This practice
13
shall include the location and arrangement of such tangible
objects and
14
features as are incidental and necessary to the purposes
outlined in this
15
paragraph but shall
not include the
making of cadastral surveys or final
land
16
plats for official recording or approval, nor mandatorily
include planning
17
for governmental subdivisions.
18
33. 31. "Monitored
alarm" means a device that is designed for
the
19
detection of an entry on any premises and that if activated
generates a
20
notification signal.
21
34. 32. "On-site supervisor" means the employee
of a drug laboratory
22
site remediation firm who is authorized to oversee on-site
workers in the
23
performance of their duties.
24
35. 33. "On-site worker" means an employee
of a drug laboratory site
25
remediation firm who has on-site duties or who handles contaminated
26
materials, chemicals or contaminated equipment.
27
36. 34. "Person" means any individual, firm, partnership, corporation,
28
association or other organization.
29
37. 35. "Principal"
means an individual who is an officer of
the
30
corporation or is designated by a firm as having full authority and
31
responsible charge of the services offered by the firm.
32
38. 36. "Proprietor
alarm" means any alarm or alarm system that is
33
owned by an alarm subscriber who has not contracted with an alarm
business.
34
39. 37. "Registrant"
means a person registered or certified by the
35
board.
36
40. 38. "Registration" means a registration or certification issued by
37
the board.
38
Sec. 2. Section 32-102, Arizona
Revised Statutes, is amended to read:
39
32-102. Board of
technical registration; vacancies; terms
40
A. A THE state board of technical registration is established
41 consisting of members WHO ARE appointed by the
governor as follows:
42
1. Two architects.
43
2. Three professional engineers, ONE OF WHOM IS A CIVIL ENGINEER AND
44
two of whom are representatives of branches of engineering other than civil
45
engineering and are registered in those branches pursuant to
this chapter.
1
3. One public member.
2
4. One landscape architect.
3
5. One geologist or assayer.
4
6. One land surveyor.
5
B. Upon ON the expiration
of any of the terms, a successor, WHO IS
6 qualified pursuant
to subsection A, OF THIS
SECTION shall be appointed for a
7
full term of three years. The governor
may remove a member of the board
for
8
misconduct, incapacity or neglect of duty. Appointment to fill a vacancy
9
caused other than
by expiration of term shall
be for the
unexpired portion of
10
the term.
11
C. No member may serve more
than two consecutive terms.
12
Sec. 3. Repeal
13
Section 32-108, Arizona Revised Statutes, is repealed.
14
Sec. 4. Section 32-111, Arizona
Revised Statutes, is amended to read:
15
32-111. Home inspector rules and standards committee
16
A. A THE home inspector
rules and standards committee of the state
17
board of technical registration is established and consists of:
18
1. Three home inspectors, one
of whom is a resident of a county
with a
19
population of four hundred thousand
persons or less, appointed by the board
20
from a list of names any home inspector organization provides if
the home
21
inspector organization meets all of the following criteria:
22
(a) Has at least forty members WHO ARE actively engaged in the
23
practice of home inspection in this state.
24
(b) Holds regular elections.
25
(c) Publishes bylaws.
26
(d) Maintains a code of ethics.
27
2. Two members of the board of
technical registration, including:
28
(a) An architect member of the board or an
engineer member of the
29 board WHO IS appointed by the chairman.
30
(b) The public member.
31
B. The board may make appointments of home inspectors to the committee
32
from the lists
provided pursuant to subsection A, paragraph 1 of this
section
33
or from others having the necessary qualifications.
34
C. The board appointed BOARD-APPOINTED members serve staggered
three
35 year THREE-YEAR terms. These members shall
be home inspectors, shall each
36
have at least five years of experience as a home inspector and
shall have
37
passed the examination prescribed in section 32-122.02. The
board by a
38
majority vote may remove any member for
misconduct, incapacity or neglect of
39
duty and may appoint a new member to complete a term.
40
D. The committee is responsible for drafting and recommending to the
41 board of technical registration:
42
1. Criteria for home inspector certification.
43
2. Standards for home
inspection reports.
44
3. Standards for written examinations.
1
4. Standards for educational programs, including course
of study, home
2
inspector-in-training programs and continuing education.
3
5. Rules defining conduct.
4 6. Recommendations
for types of financial assurances as required in 5 section 32-122.02.
6
7. Other rules and standards related to the practice of home
7
inspectors.
8
E. The committee shall make its
initial recommendations within six
9 months of appointment or the board
may proceed without
these recommendations.
10 Thereafter the
committee shall make recommendations within six months of a
11 board request for recommendations. The committee may initiate
12 recommendations at
any time it deems appropriate.
13
F. E. The committee
may participate in the investigation and review
14
of home inspector complaints as provided by the board.
15
G. F. Members of the home inspector rules
and standards committee are
16
eligible to receive
compensation pursuant to title 38,
chapter 4, article
1.
17
Sec. 5. Section 32-122, Arizona
Revised Statutes, is amended to read:
18
32-122. Qualifications
for in-training designation
19
A. An applicant for in-training registration DESIGNATION as an
20 architect, engineer,
geologist or landscape architect LAND SURVEYOR shall:
21
1. Be of good moral character
and repute.
22
2. Be a graduate of a school
approved by the board or have four years
23 or more, or if an applicant for in-training registration as an architect,
24 five years or
more, of education or experience, or both, in work in the
25
profession in which
registration is sought
that meets standards specified by
26
the board in its rules.
27
3. Unless exempt under section 32-126, subsection D, pass the
28
in-training examination in the profession in which registration
is sought.
29
B. An applicant for in-training registration DESIGNATION as an assayer
30 or land surveyor shall:
31
1. Be of good moral character
and repute.
32
2. Be a graduate of a school
and curriculum approved by the board, or
33
have four years or more of education
or experience, or both, in work in the
34
profession in which
registration is sought
that meets standards specified by
35
the board in its rules.
36
3. Unless exempt under section 32-126, subsection D, pass the
37
in-training examination in the profession in which registration
is sought.
38
C. An applicant for in-training registration as a home
39 inspector-in-training shall:
40
1. Be of good moral character and repute.
41
2. Meet the requirements of section 32-122.02, subsection A,
42 paragraphs 1
through 7.
1
2 read: 3
4
Sec. 6. Section
32-122.01, Arizona Revised Statutes, is amended to
32-122.01. Qualifications for professional registration
A. An applicant for professional registration as an architect,
5 engineer, geologist, LAND SURVEYOR or
landscape architect shall:
6
1. Be of good moral character
and repute.
7
2. Be actively engaged in
education or experience, or both, in the
8
profession for which registration is sought for at least eight years.
9
3. Unless exempt
under section 32-126,
pass the APPLICABLE in-training
10
and professional examinations in the profession in which
registration is
11
sought.
12
B. An applicant for professional
registration as an assayer or land
13 surveyor shall:
14
1. Be of good moral character and repute.
15
2. Be actively engaged in education or
experience, or both, in the
16 profession for
which registration is sought for at least six
years.
17
3. Unless exempt under section
32-126, pass the in-training and
18 professional examinations in the profession in which registration is sought.
19
C. B. In computing the
period of active engagement required under
20 this section, :
21
1. each year of study THAT IS satisfactorily completed in an
22 architectural, engineering, geological, LAND SURVEYING or landscape
23
architectural school approved by the board is equivalent to one
year of
24
active engagement up to a maximum of five years. One year or more of
25
teaching architectural, engineering, geological, LAND SURVEYING or landscape
26
architectural subjects in a school
approved by the
board is equivalent to one
27
year of active engagement.
28
2. Each year of study
satisfactorily completed in an assaying
or land
29 surveying curriculum and school approved by the board is considered
30 equivalent to one
year of active engagement up to a maximum of four years.
31 One year or more
of teaching assaying or land surveying or other
courses
32 approved by the board
as pertinent to the profession in which registration is
33 sought in a school approved by the board is equivalent to one year of active
34 engagement.
35
D. C. Except as provided in subsection E D of this section,
36
experience credited by the board under this section and
sections 32-101,
37
32-122 and 32-126
must be attained
under the direct
supervision of a
38
professional who is satisfactory to the board and registered in this state,
39
another state or a foreign
country in the profession in which the applicant
40
is seeking registration, except that up to one year's experience
may be
41
attained under the direct supervision of a professional who is satisfactory
42
to the board and registered in another profession regulated under this
43
chapter in this state, another state or a foreign country.
44
E. D. By A
two-thirds majority vote,
the board may allow an applicant
45 except for an architect applicant to meet
the requirements of subsection D C
1
of this section
by crediting comparable experience satisfactory to the board
2
that the applicant attained without direct
supervision of a registered
3
professional.
4
Sec. 7. Section 32-122.02, Arizona Revised Statutes,
is amended to
5
read:
6
32-122.02. Certification of home inspectors; insurance
7
A. An applicant for
certification as a home inspector shall:
8
1. Be at least eighteen years
of age.
9
2. Be of good moral character
and repute.
10
3. Have passed within two years preceding application, or within five
11 years preceding application if the application is made by December 31,
2002,
12
a written examination that is approved
by the board and that meets the
13
competency standards recommended by the home inspector rules and standards
14
committee and adopted by the
board.
15
4. Have passed a course of
study and a home inspector-in-training
16
program that meets
the standards recommended by the home
inspector rules and
17
standards committee and approved by the board.
18
5. Pay a fee as determined by the board
and shall submit
a full set
of
19
fingerprints to the board for the purpose of obtaining a state
and federal
20
criminal records check pursuant to section 41-1750 and Public Law
92-544.
21
The department of public safety
may exchange this fingerprint data with the
22
federal bureau of investigation. Any documents and information relating to
23
the state and federal criminal
records check required by this section
are not
24
public records.
25
6. Not have had a certificate
denied or revoked pursuant to this
26
chapter within one year immediately preceding the application.
27
7. Have received an absolute
discharge from sentence at least five
28
years before the application if the person
has been convicted of one or more
29
felonies, provided the board determines the applicant is of good moral
30
character and repute.
31
8. Provide evidence of the
applicant's ability to obtain financial
32
assurance as provided by subsection B of this section.
33
B. Within sixty
days after certification AND
BEFORE ANY FEE-BASED HOME
34 INSPECTION IS PERFORMED, a home inspector certified pursuant to this chapter
35
shall file one of the following financial
assurances pursuant to rules
36
recommended by the home inspector rules and standards committee and adopted
37
by the board:
38
1. Errors and omissions insurance for negligent acts committed in the
39
course of a home inspection in an amount
of two hundred thousand dollars
in
40
the aggregate and one hundred thousand dollars per occurrence.
41
2. A bond THAT IS RETROACTIVE TO THE CERTIFICATION DATE in the amount
42
of twenty-five thousand
dollars or proof
that minimum net
assets have a value
43
of at least twenty-five thousand dollars.
1
3. A financial assurance mechanism with a value of at least
2 twenty-five
thousand dollars recommended by the home inspector rules and
3 standards
committee and approved by the board.
4
C. If a home inspector loses or otherwise fails to maintain
a required
5 financial assurance, the certification shall be automatically suspended and
6
shall be reinstated if a financial assurance is obtained within ninety days.
7 If a financial assurance is not obtained within ninety days, the
8
certification shall be automatically revoked.
9
D. A home inspector is subject
to this chapter and rules adopted
10
pursuant to this chapter.
11
Sec. 8. Section 32-123, Arizona
Revised Statutes, is amended to read:
12
32-123. Application for
registration and certification; denial;
13
hearing
14
A. A person desiring to
practice any board-regulated profession or
15
occupation shall apply
for registration or certification on a form
prescribed
16
by the board, subscribed under penalty of perjury and
accompanied by the
17
appropriate application fee prescribed by the board. If the evidence
18
submitted satisfies the board that the applicant
is fully qualified
to
19
practice the profession or occupation for which registration or certification
20
is asked, the board or the executive director as authorized by
the board
21
shall grant the applicant a certificate of registration or certification,
22
signed by the chairman and secretary and attested by the official
seal. If
23
the applicant seeks
registration as a professional engineer, the certificate
24
of registration shall list the proficiency designation in the
branch of
25
engineering in which the applicant has demonstrated proficiency.
26
B. A registered professional
engineer who desires to practice land
27
surveying shall apply for professional registration as a land
surveyor and
28
satisfy the requirements set forth in section 32-122.01, subsection B.
29
C. If in the judgment of the
board the applicant has not furnished
30
satisfactory evidence of qualifications for registration or certification, it
31
may require additional data or may require the applicant to
submit to an
32
additional oral or written examination specified by the board in its rules.
33
D. An applicant whose
application is denied may request a formal
34
hearing pursuant to title 41, chapter 6, article 10. If the application is
35
granted after a formal hearing, the application fee shall be returned.
36
Sec. 9. Section 32-127, Arizona
Revised Statutes, is amended to read:
37
32-127. Renewal of certification or registration; penalty
fee;
38
cancellation; inactive status; renewal
fees; home
39
inspector exam requirement
40
A. The board shall establish a
system for renewing certification or
41
registration.
42
B. Except as provided in section 32-4301,
certificates of registration
43
or certification are invalid after their expiration date unless
renewed by
44
payment of the required renewal
fee. If the renewal fee is not paid prior
to
45
the expiration date,
it shall be accompanied by a penalty
fee equal to
1
one-sixth of the renewal fee for each year or fraction of a year of
2
delinquency.
3
C. The board shall cancel a certificate of registration or
4 certification if it THE REGISTRATION OR
CERTIFICATION has remained invalid
5 for AT
LEAST one renewal period. and shall require a new application,
6 accompanied by the
application fee for reregistration or recertification.
7 BEFORE THE BOARD
MAY ISSUE A VALID REGISTRATION OR CERTIFICATION:
8
1. IF THE REGISTRATION OR CERTIFICATION HAS BEEN INVALID
FOR LESS THAN
9 FIVE YEARS OR HAS
BEEN INVALID FOR AT LEAST FIVE YEARS BUT THE PERSON HAS
10 PRACTICED AS A LICENSED,
CERTIFIED OR REGISTERED PROFESSIONAL IN THAT
11 PROFESSION IN ANOTHER JURISDICTION FOR THE FIVE
YEARS IMMEDIATELY BEFORE
THE
12 DATE OF THE
PERSON'S APPLICATION WITH THE BOARD:
13
(a) THE PERSON
SHALL APPLY AS A NEW
CANDIDATE AND PAY
THE APPLICATION
14 FEE.
15
(b) THE PERSON IS NOT REQUIRED TO TAKE AND PASS THE APPLICABLE
16 PROFESSIONAL EXAMINATION.
17
2. IF THE REGISTRATION OR CERTIFICATION HAS BEEN INVALID
FOR AT LEAST
18 FIVE YEARS AND
THE PERSON HAS NOT PRACTICED AS A LICENSED, CERTIFIED OR
19 REGISTERED PROFESSIONAL IN THAT PROFESSION IN ANY OTHER
JURISDICTION FOR THE
20 FIVE YEARS
IMMEDIATELY BEFORE THE DATE OF THE PERSON'S
APPLICATION WITH THE
21 BOARD, THE
PERSON SHALL APPLY
AS A NEW CANDIDATE, PAY
THE APPLICATION FEE
AND
22 TAKE AND PASS THE
PROFESSIONAL EXAMINATION.
23
D. A registrant shall not practice, offer
to practice or advertise if
24
the certificate of registration or the certification is inactive or invalid.
25
E. A registrant who retires
from the active practice of any board
26 regulated BOARD-REGULATED profession or
occupation or who is not currently
27 practicing that board regulated BOARD-REGULATED profession or occupation in
28
this state may request that the board place the registrant's certificate of
29
registration or certification on inactive status.
The registrant shall
submit
30
the request in writing to the
board.
31
F. If the board has
invalidated, pursuant to subsection B of
this
32
section, the certificate of registration of a registrant who seeks to place
33
the certificate of registration on inactive status, the
registrant shall
34
submit all penalty fees that are due with the registrant's
application for
35
inactive status.
36
G. A registrant shall not place the registrant's certificate of
37
registration on inactive
status if the person's certificate of registration
38
has been canceled by the board pursuant to subsection C of this section.
39
H. A registrant who holds
an inactive certificate of registration may
40
apply to the board to reactivate the certificate of registration. The board
41
shall reactivate an inactive certificate of registration if the registrant
42
submits a completed application on a form prescribed by the board
and meets
43
the qualifications for professional registration set forth in section
44
32-122.01. A registrant who seeks reactivation of the registrant's
45
certificate of registration and who has
not been engaged
in the profession in
-
13 -
1
which the registrant seeks reactivation for the five years immediately
2
preceding the date of the application for reactivation shall take the
3
applicable professional examination.
4
I. The board shall establish
the renewal fee for each certificate or
5
registration issued pursuant to this chapter.
6
J. The board may not renew the registration of a home
7 inspector-in-training
if the registrant has not passed within two
years
8 preceding renewal
application a written examination approved by the board
9 pursuant to
section 32-122.02, subsection A, paragraph 3.
10
J. NOTWITHSTANDING SUBSECTION C OF THIS SECTION, A HOME INSPECTOR WHO
11 HAS HAD A
CERTIFICATION CANCELED PURSUANT TO SUBSECTION C OF THIS SECTION
12 SHALL APPLY
AS A NEW CANDIDATE AND PAY THE APPLICATION FEE. IF THE APPLICANT
13 HAS NOT TAKEN AND PASSED THE BOARD-APPROVED NATIONAL
EXAMINATION WITHIN THE
14 TWO YEARS
IMMEDIATELY PRECEDING THE
DATE OF APPLICATION, THE APPLICANT SHALL
15 TAKE AND PASS THE
EXAMINATION FOR CERTIFICATION.
16
Sec. 10. Section 32-129, Arizona
Revised Statutes, is amended to read:
17
32-129. Confidentiality
18
A. Examination material, file
records of examination grading and
19
performance, transcripts of educational institutions, letters of inquiry
and
20
reference concerning applicants and board inquiry
forms concerning applicants
21
are confidential and are not subject to inspection pursuant to
title 39,
22
chapter 1, article 2.
23
B. Investigation files of any investigation are confidential and are
24
not subject to inspection pursuant to title 39, chapter 1, article
2 until
25
the matter is final, a hearing notice
is issued pursuant to title 41,
chapter
26
6, article 10 or the matter is settled by consent order. However, the
27 registrant shall be informed
of the investigation AND HAVE ACCESS TO THE
28 COMPLAINT AND
INVESTIGATIVE ASSESSMENTS and the public may
obtain information
29
that an investigation is being conducted and of its general nature.
30
C. Informal conferences held by advisory
committees are confidential
31
and are not open to the public. All
information, including any minutes or
32
reports created or obtained pursuant to an informal conference, is
33
confidential until the matter is final, a hearing notice is issued pursuant
34
to title 41,
chapter 6, article
10 or the matter is settled by consent order.
35
The board may discuss matters
that are being
reviewed by an advisory
36
committee in open session but may not introduce confidential documents into
37
public board records.
38
Sec. 11. Section 32-152, Arizona
Revised Statutes, is amended to read:
39
32-152. Record documents; definition
40
A. If a person or firm that
is registered or certified by the board
is
41 required to provide as built plans RECORD
DOCUMENTS for improvements or
42
grading, and the plans show changes during the construction
process, the
43
following apply:
44
1. If the registered or certified professional provided construction
45
phase services on the project
that include supervision of the construction of
1
engineering structures, the
plans shall be based on field observations of the
2
registered or certified professional or the professional's agents and
3
information received from the project
owner, project contractors and public
4
agencies.
5
2. If the registered or certified professional did not provide
6
construction phase services on the project that include
supervision of the
7
construction of engineering structures, the plans shall be based on
8
information received from the project
owner, project contractors and public
9
agencies, but need not be based on a field
verification or investigation of
10
the improvements or grades unless
the registered or certified professional is
11
engaged to provide the field verification services.
12
3. The registered or certified professional shall not be required
to
13 include a certificate or statement on as built plans
RECORD DOCUMENTS that is
14 inconsistent with or varies
from the provisions of this section.
15
B. For the purposes of this section, "as built plans" "RECORD
16 DOCUMENTS" means plans that document the registered or certified
17
professional's final plans
and that include
all changes made to the plans in
18 the actual project
construction. As built plans
RECORD DOCUMENTS include as
constructed AS-CONSTRUCTED plans and reco
Known
errors and qualifications: This layer contains duplicate taxcodes for
parcels, e.g. undeveloped subdivisions in which all lots are assigned the same
taxcode, until the lots are developed. Further, a relatively small number of
other parcels have more than one polygon per parcel resulting in duplicate
taxcodes. Subdivision common areas are typical
examples. Parcels with duplicate taxcodes in paregion duplicate parcel
valuation data. Summing valuations for these duplicated taxcode parcels from
paregion will result in inflated totals. Users should normalize their analysis
results based on the frequency of duplicate taxcodes.
Feature
type: polygon