May Yavapai College build tiny homes on its campuses and lease them to its students and faculty without OMH regulation?

View original AG opinion (PDF)

Plain-English summary

Yavapai College's construction program builds 264-square-foot tiny homes as a teaching project. The College plans to install them on its campuses and lease them to students or faculty needing housing. One proposed placement is about 100 yards from the classroom on the Verde Valley campus. Homes built at the Career & Technical Education Center would be moved about eight miles to the College's Chino Valley Center. The College and Arizona's Office of Manufactured Housing (OMH) disagreed about whether that process required OMH regulation.

The Arizona Attorney General affirmed the conclusion of the College's counsel, whose March 21, 2025 memorandum is Appendix A. The AG said the College's manufacture and installation occur "on site" because the College, a political subdivision authorized to build and educate, carries out the activities entirely within its campuses. On those facts, the homes are not "factory-built buildings" under A.R.S. § 41-4001(17) and are outside OMH regulation.

The AG confined the answer to this project. The College must conduct all construction and installation within its campuses and use the homes for its own purposes. The opinion warns that off-campus manufacture or installation, or using units, components, or labor from outside the campuses in an on-campus installation, may give OMH regulatory authority. It does not decide those changed situations.

What this means for you

For Yavapai College planners

Compare each project stage with the facts presented to the AG. Appendix A describes homes constructed by the College's teaching program, moved between College sites, permanently installed on College pads, and leased to College students or faculty. The AG treated both campuses as within the College's on-site activity. If the project starts using outside labor or components, or moves construction or installation off campus, the opinion says OMH may have authority. The College's counsel also stated that fire codes remain an exception to community colleges' exemption from local building regulation.

For other community colleges

This opinion explains why the AG accepted Yavapai's described construction and use. It does not decide a different college's project automatically. Identify who performs the work, where each stage occurs, what outside materials or labor are used, and how the completed homes will be used before drawing an analogy.

For students and faculty

The College told its counsel it planned to lease the finished homes only to its students or faculty and keep the homes under College control. The AG's answer concerns OMH regulation of that plan. It does not promise when housing will become available or decide rental terms.

For OMH staff

The AG's conclusion depends on the College's status, campus location of construction and installation, and use of the units for its own purposes. The opinion expressly says OMH may have authority if those facts change through off-campus work or outside units, components, or labor.

Currency note

The opinion was issued in 2025 on a proposed project. Check the current statute and the actual construction and installation process before using its conclusion. The official landing page labels this opinion I25-003 (R25-005), while the PDF's first-page header prints "No. I24-003 (R25-005)." The source links below preserve both official records of that discrepancy.

Common questions

Does moving a home between College campuses make it a factory-built building here?

The AG said no on the described facts. Appendix A says the College planned to move some homes from its Career & Technical Education Center to its Chino Valley Center, about eight miles away. The AG still treated construction and installation entirely within the College's campuses as "on site."

May the College lease these homes to students and faculty?

That was part of the described plan. Appendix A says the College would lease the homes to its students and faculty, and the AG affirmed counsel's conclusion on that set of facts. The opinion does not analyze a sale or lease to someone outside the College.

What changes might bring OMH into the project?

The AG specifically identified manufacture or installation off campus, or units, components, or labor from outside the campuses used in on-campus installation. The opinion says OMH may then have authority; it does not give a categorical answer for those variations.

Did the AG exempt all community college buildings from every code?

No. The AG decided OMH's authority over the described tiny homes. Appendix A discusses a separate community-college exemption from local building codes and identifies fire codes as an exception.

Background and statutory framework

A.R.S. § 15-1448(H) provides for AG review of community college counsel's opinion. The College's counsel discussed its authority to operate a construction program, build campus buildings, and use them for housing. The AG's short concurrence focuses on whether the described homes are "factory-built buildings" under A.R.S. § 41-4001(17). Its answer turns on the College's control of the project and construction and installation within its own campuses. Appendix A and its attachments provide the factual description and counsel's fuller statutory analysis; the AG's concurrence sets the stated limits of the holding.

Citations

• A.R.S. § 15-1448(H)
• A.R.S. § 41-4001(17)

Source

• Landing page: https://www.azag.gov/opinions/i25-003-r25-005
• Original PDF: https://www.azag.gov/sites/default/files/2025-06/I25-003.pdf

Original opinion text

STATE OF ARIZONA

OFFICE OF THE ATTORNEY GENERAL

ATTORNEY GENERAL OPINION
No. I24-003
(R25-005)
By
Re: Yavapai College’s Authority to Build and
KRIS MAYES
Use Tiny Homes
ATTORNEY GENERAL

May 23, 2025

To: Rory Juneman, Law Offices of Lazarus & Sylvin, P.C., on behalf of Yavapai College

Pursuant to A.R.S. § 15-1448(H), we affirm the conclusion reached by the opinion you

prepared for Yavapai College regarding whether its construction and use of 264-square-foot

structures (“tiny homes”) on its campuses subjects the College to regulation by the State’s Office

of Manufactured Housing (OMH). That opinion is attached hereto as Appendix A.

Specifically, the Office agrees that the College’s manufacture and installation of the tiny

homes occurs “on site” because all such activities are carried out by the College—a political

subdivision of the State that is statutorily authorized to engage in building construction and

education—and entirely within the College’s own campuses. As such, the tiny homes at issue are

not subject to OMH regulation as “factory-built buildings” under A.R.S. § 41-4001(17).

Please note that our determination is confined to these particular facts. That is, the

conclusion that OMH lacks regulatory authority is necessarily dependent on the fact that the

College is its own political subdivision, conducting all construction and installation within its own

campuses, and for its own use. Should the College engage in any manufacture or installation of

tiny homes off-campus, or utilize units, components, or labor from outside of its campuses in the

installation of tiny homes on-campus, OMH may have regulatory authority.

Kris Mayes
Attorney General

2

APPENDIX A

MEMORANDUM

Date: March 21, 2025
To: Dr. Lisa Rhine
President
Deb McCasland
Board Chair, District 2
From: Rory Juneman
Re: Yavapai College’s Authority to Build and Use Tiny Homes

Dr. Clint Ewell, Vice President of Finance & Administrative Services, requested an opinion regarding Yavapai College’s (the “College”) authority to build and use small, self-contained dwelling units (“Tiny Homes”) for student instruction and student/faculty housing (“Housing”) without being regulated by the Arizona Department of Housing (“ADOH”), Office of Manufactured Housing (“OMH”). The College and OMH disagree about OMH’s authority to regulate the College’s onsite construction of the Tiny Homes and its use of the Tiny Homes to provide affordable housing to its students and faculty. Despite good faith efforts, the College and OMH have been unable to find an agreeable resolution. See Attachment A, Prior Correspondence.
On behalf of the College, I am transmitting this opinion to the Arizona Attorney General for review pursuant to Arizona Revised Statutes (“ARS”) § 15-1448(H). 1 The Attorney General will have sixty days to concur, revise, or decline to review the opinion, although we are requesting expedited review, if possible.
I. Issue
Does the College have statutory authority, pursuant to ARS § 15-1401 et seq., to build and use Tiny Homes for instructional and Housing purposes, free from regulation by OMH?
II. Brief Answer
Yes. The College can build and use Tiny Homes free of OMH regulation. The College’s statutory authority to build college buildings includes the authority to build Tiny Homes for

1
The Attorney General has confirmed in the K-12 context that the term “county attorney” in A.R.S. § 15-253(B) (which authorizes the submission of opinions prepared on behalf of school districts to the Attorney General for review) includes elected county attorneys as well as attorneys who represent school districts with the consent of the county attorney. Ariz. Att’y Gen. Op. I88-052, at 2 (Substitute Op.) (June 15, 1988). Thus, the College may submit this opinion to the Attorney General for review although it was not prepared by the County Attorney.

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educational purposes. The College acts under its statutory authority when these activities occur on-site, are paid for with public money, and are used for a College/public purpose. OMH’s statutory authority to regulate factory-built Public Buildings does not extend to the College’s on-site construction of Tiny Homes used solely for educational and Housing purposes.
III. Factual Background a. History of the Program
The Tiny Homes are built as part of the College’s Construction Building Technology Program (the “Program”). The Program began in the 1970s to serve students interested in the construction trades, and provides certifications in General Residential Construction, Carpentry, HVAC Installation and Maintenance, Plumbing, and Electric. The College offers the Program at two of its six campuses: the Verde Valley campus in the Town of Clarkdale (“Verde Campus”), and the Career & Technical Education Center in the City of Prescott (“CTEC”).
For decades, the Program’s students have built a residential structure as part of the curriculum, giving them hands-on construction experience. The Program uses the latest versions of the International Code Council’s building codes (e.g., the 2024 International Residential Code) to teach students and to build the homes. The College requires the Program’s primary instructor to be a licensed Arizona contractor. Early on, the Program built full-sized single-family homes, and for several years it worked on Habitat for Humanity projects. However, these large, site-built structures were problematic because they were complex for teaching purposes, and outdoor construction often resulted in weather delays that made it impossible to effectively finish Program instruction before the end of the school year.
To address these issues, in 2021 the Program began building Tiny Homes to teach its students. This moved all instruction indoors and eliminated weather delays. The Tiny Homes are one story structures approximately 264 square feet in size, constructed with wood frames built on Glulam beams that will be mechanically and permanently attached to a block stem wall with Simpson tie-downs at the final building location pad (“Pads”). The homes will be connected to all utilities built to the latest building codes. Once this occurs, the Tiny Homes will be permanently affixed to the land like any other site-built structure with a stem wall and crawl space. Typically, each campus produces one Tiny Home per school year, and all will be permanently placed on a campus. To date, the Program has produced three Tiny Homes at the Verde Campus and two at CTEC. 2 b. Utilization of the Program’s Tiny Homes to Address Housing Shortage Instead of demolishing these safe and code-compliant Tiny Homes, the College saw an opportunity to address its need for Housing. Yavapai County has been hit hard by the housing

2
The interiors of these Tiny Homes have not been finished and are in storage, subject to the outcome of this matter.

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crisis and was recently deemed the State of Arizona’s (“State”) least affordable county. 3 The housing shortage has impacted the College’s students and faculty, who have trouble finding attainable housing. The College is looking for creative ways to help its students and faculty, including recently buying the Prescott Pines Camp in 2024 to provide additional Housing. 4 The College saw its Tiny Homes as another creative Housing option. Because it controls the design and quality of each Tiny Home, the College knew it could safely use the Tiny Homes for Housing. The College’s Facilities Management department, which oversees new building development on all six campuses, ensures the Tiny Homes meet all College building standards. The College has a vested interest in producing safe Tiny Homes, as it will lease the Tiny Homes to students and faculty.
The College intends to use the Tiny Homes for Housing on the College’s Verde Valley Campus and Chino Valley Center. At the Verde Campus, the College will move the Tiny Homes about 100 yards from the classroom to the Pads located on campus in an area designated for Housing. The CTEC campus has no room for Housing, so the College created Pads at its Chino Valley Center about eight miles away. Once complete, the College will transport the Tiny Homes to the Chino Valley Center for final placement. The College will lease the Tiny Homes to College students and/or faculty in need of affordable housing. The Tiny Homes will be built and used solely on a College property and under the control and direction of the College, and will remain under the control and direction of the College during the brief period of transport from CTEC Campus to the Chino Valley Center.
In early 2024, the College applied for an ADOH Lower Cost Housing NOFA affordable housing grant. ADOH denied the grant and informed the College that OMH should regulate the on-campus construction and placement of the College’s Tiny Homes. OMH cited its obligations to protect the public by directing the College to apply for licensing and manufacturing certifications. Alternatively, OMH informed the College that it could avoid regulation by either building the Tiny Homes at the Pad site or leaving the interiors unfinished (i.e., a shed). Neither is workable for the College because 1) building the Tiny Homes at the Pad requires outdoor construction, which creates course delays, and 2) building only a shed limits the Program instruction. Pending resolution of its dispute with OMH, the College has continued building Tiny Homes but has not finished them (i.e., they are sheds). Upon successful resolution, the College will finish the Tiny Homes and place them on their permanent Pads.
IV. Law and Analysis
To determine whether the College has the authority to build and use its Tiny Homes without OMH regulation requires an analysis of the interplay between the College’s and OMH’s

3
Zachary Siegler, Home Affordability Continues to Shrink in Arizona, Arizona Public Media, January 2, 2024, https://news.azpm.org/p/news-splash/2024/1/2/218569-home-affordability-continues-to-shrink-in- arizona/#:~:text=Some%20of%20the%20state's%20northernmost,counties%20both%20also%20topped%2050%25 4 Jesse Bertel, Yavapai College District Board approves acquisition of ‘Prescott Pines Camp’, April 25, 2024, https://www.dcourier.com/news/yavapai-college-district-board-approves-acquisition-of-prescott-pines- camp/article_805adb48-026d-11ef-b621-b389c3afddf6.html

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statutory authorities. When interpreting statutes, the goal is “to fulfill the intent of the legislature that wrote it.” Bilke v. State, 206 Ariz. 462, 464 (2003) (quoting State v. Williams, 175 Ariz. 98, 100 (1993)). The best indicator of legislative intent is the statute’s plain language. SolarCity Corp. v. Ariz. Dep't of Revenue, 243 Ariz. 477, 480 ¶ 8 (2018). Absent a statutory definition, a statute’s words should generally be given their ordinary meaning, and dictionary definitions may be used to clarify that meaning. In re Drummond, 257 Ariz. 15, ¶ 7 (2024). If a statute’s language is clear, then further statutory interpretation is not necessary unless application of the plain meaning would lead to impossible or absurd results. Bilke at 464 (citing Marquez v. Rapid Harvest Co., 89 Ariz. 62, 64 (1960)). Finally, statutory provisions should be construed “in light of their place in the statutory scheme . . . so they may be harmonious and consistent.” State v. Flynt, 199 Ariz. 92, 94 ¶ 5 (App. 2000).
The first step in this analysis is to determine whether the College has the statutory authority to build its Tiny Homes. If the College has this statutory authority, the second step is to determine whether OMH’s authority supersedes College’s authority to develop its Tiny Homes. a. The College’s Authority i. Statutory Authority of Community College Districts The College is a community college district (“District”) authorized by ARS Title 15, Ch. 12, Community Colleges. Districts are political subdivisions of the State and therefore possess authority for self-government by their selected officers. McClanahan v. Cochise College, 25 Ariz. App. 13, 16-17 (1975). As a political subdivision, a District’s power is limited to the purpose for which it was created, and these powers are no greater than what is granted by statute. City of Tempe v. Arizona Bd. of Regents, 11 Ariz. App. 24, 25 (1969); City of Mesa v. Salt River Project Agr. Imp. & Power Dist., 92 Ariz. 91, 97 (1962).
Community colleges, through their District boards, have the following statutory powers:

• Offering programs, establishing curricula and courses, and awarding degrees and certificates to meet the educational needs of the population they serve. ARS § 15- 1444(A)(2), (5), (9). 5
• Determining campus locations and purchasing, holding, selling, and conveying real or personal property for the benefit of the community college. ARS § 15-1444(A)(11).
• Issuing revenue bonds to build student and faculty housing. ARS §§ 15-1481(6); 15- 1482(1); 15-1483.
• Constructing, remodeling and repairing buildings. ARS § 15-1444(B)(5).
  In addition, Districts’ buildings are exempt from local building codes (except fire codes), giving Districts full authority over the development of buildings on their campuses (outside of local fire codes). ARS § 34-462; ARS § 34-461(D).

5
The statutes granting Districts their authority that are referenced in this memo are found at Attachment B.

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While Title 15 does not provide a definition of “buildings,” Title 34 broadly defines “Public Building” as a “building or appurtenance to a building that is built in whole or in part with public monies.” ARS § 34-461(J). In addition, Arizona caselaw defines a “building” as an “edifice constructed for use or convenience as a house, church, shop, etc., attached to and becoming part of the land….” Lewis v. Midway Lumber, Inc., 114 Ariz. 426, 430 (Ct. App. 1977). Arizona has a three-part test to determine whether a chattel has become “part of the land.” Murray v. Zerbel, 159 Ariz. 99, 101 (App. 1988). The chattel must 1) be attached to the land or something appurtenant thereto, 2) it must “have adaptability or application as affixed to the use for which the real estate is appropriated,” and 3) “there must be an intention of the party to make the chattel a permanent accession to the freehold.” Id. (quoting Fish v. Valley Nat'l Bank of Phx., 64 Ariz. 164, 170 (1946)). ii. The College’s Authority to Build and Use its Tiny Homes Political subdivisions must operate within their statutory authority, and the College is clearly authorized to build and use its Tiny Homes. First, the College has authority as a District to offer the Program, and in turn, build its Tiny Homes. The College has created the Program through its authority to create curricula, hire instructors, and award certificates. See ARS § 15- 1444(A)(2),(5),(6). The Tiny Homes are a core element of the Program, as they to give students hands-on experience in a climate-controlled environment while supervised by experienced instructors following the latest building codes. As the Tiny Homes are essential to the Program, the College has the authority to build them.
Second, the College has authority to construct campus buildings, including Housing, free of outside regulation, with one exception: fire codes. ARS §§ 15-1444(B)(5); 15-1482(1); 34-462. This authority extends to all campus buildings, and the Tiny Homes are no different. The Tiny Homes are Public Buildings as the College uses public money to build them. They are built on- campus and to the College’s strict standards, including current building codes. The College’s faculty and Facilities Management Department, which is responsible for all new development and maintenance on its campuses, reviews the homes’ design and supervises construction. Most importantly, the College intends for the Tiny Homes to be permanently affixed to a campus, so they are “buildings” under long-standing Arizona law. Once the College finalizes the Tiny Homes’ construction at the Pads, they will be affixed to a campus, used for Housing, and the College will keep them in place permanently. The College has the authority to build these Tiny Homes with no outside regulation, just as the College has been constructing its other campus buildings for decades. b. OMH’s Authority i. OMH’s Authority to Regulate Manufactured Buildings ADOH is the State agency that, in part, establishes policies and programs to address the State’s affordable housing issues, including guidelines on the construction and financing of

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affordable and attainable housing. ARS §§ 41-3953(A), (B)(1). 6 Within ADOH, OMH is the department that maintains and enforces standards of quality, safety, and installation of Manufactured Homes, Factory-Built Buildings, Mobile Homes, and Accessory Structures (collectively “Manufactured Buildings”). ARS § 41-4002. Like all State agencies, ADOH/OMH have no inherent powers, as their powers are limited to those granted by statute. Beazer Homes Ariz., Inc. v. Goldwater, 196 Ariz. 98, 100 (Ct. App. 1999); Schwartz v. Superior Ct., 186 Ariz. 617, 619 (Ct. App. 1996).
To ensure the public’s safety in acquiring Manufactured Buildings, OMH’s authority includes:

• Issuing certificates of compliance for Manufactured Buildings that meet construction and installation requirements. ARS § 41-4004(A)(3).
• Inspecting facilities that manufacture, sell or install Manufactured Buildings. ARS § 41- 4004(A)(4).
• Prohibiting the use of Manufactured Buildings in violation of the Manufactured Building statutes. ARS § 41-4004(A)(6).
• Licensing and citing unlicensed persons for performing work on a Manufactured Building. ARS § 41-4004(C).
  Specifically, OMH licenses persons who manufacture or install Manufactured Buildings, which individuals are defined as:
• Installer - any person who engages in the business of performing installations of manufactured homes, mobile homes or factory-built buildings. ARS § 41-4001(21).
• Manufacturer - any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. ARS § 41-4001(26).
  OMH argues7 that the Tiny Homes are “factory-built buildings,” which are defined as residential or commercial building that are:
• Either wholly or in substantial part manufactured at an off-site location and transported for installation or completion, or both, on-site.
• Constructed in compliance with adopted codes, standards and procedures.
• Installed temporarily or permanently.
  ARS § 41-4001(17).8

6
The statutes granting OMH its authority that are referenced in this memo are found at Attachment C. 7 See Attachment A, OMH Letter, p. 3. 8 Manufactured Homes, Mobile Homes and Accessory Structures are not applicable to this issue. Manufactured Homes must be built on a chassis, while the Tiny Homes are all built on wood frames. ARS §§ 41-4001(2), (25); 42 USC § 5402(6). Mobile Homes are structures built before June 15, 1976, and the College’s Tiny Homes all have been built in the last few years. ARS § 41-4001(27). Accessory Structures are rooms, porches or other building

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ii. OMH’s Ability to Regulate the College As the College has the authority to construct buildings on its campuses without OMH oversite, we must examine whether OMH’s authority supersedes the College’s authority regarding Tiny Homes. As discussed below, OMH’s authority to regulate political subdivisions is limited to specific structures built off-site and does not extend to on-site Public Buildings. Furthermore, the Tiny Homes do not meet the definition of a structure regulated by OMH, nor do the College’s activities meet the definition of an entity regulated by OMH. Therefore, OMH has no statutory authority over the College under these specific facts.
1. The AG Opinion and the Term “On-Site” While OMH has no explicit statutory authority over political subdivisions, the AG’s Office has previously opined on OMH’s authority to regulate Manufactured Buildings that are also Public Buildings. 1984 Ariz. Op. Att’y Gen. 78 (“AG Opinion”). The AG Opinion specifically addressed the interplay between ARS § 34-461, which requires most Public Buildings to be regulated by local building codes, and OMH’s authority as a State agency to regulate Manufactured Buildings. The AG Opinion concluded that ARS § 34-461 gives local jurisdictions the authority to regulate on-site development and construction of Public Buildings, while OMH has the authority to regulate off-site construction of Public Buildings (i.e., Manufactured Buildings).
The AG Opinion relies heavily on the term “on-site,” which neither the Opinion itself, Title 15 nor Title 41 defines. The AG Opinion instead relies on a jurisdictional analysis to determine whether construction occurs on-site or off-site. The Opinion determines that OMH must regulate off-site factory-built building construction because it is impractical for local jurisdictions to do so, as that would require “local building officials to travel out of their jurisdictions to conduct inspections.” 1984 Ariz. Op. Att’y Gen. 78, *3 (emphasis added). Conversely, public buildings constructed on-site must be designed to local building codes where those local entities have jurisdiction. As the College has jurisdiction over its campuses, and all construction activity for the Tiny Homes occurs on campus, the College always has authority over the Tiny Homes and their construction standards. And nothing in this factual situation allows OMH to usurp the College’s authority.
The AG Opinion makes clear that OMH has authority over publicly owned Manufactured Buildings built off-site. But this is not the case here. All building activity for the Tiny Homes, from construction to final placement, occurs solely “on-site” where the College has full jurisdictional control. The AG Opinion is clear that local jurisdictions have sole authority over on-site construction. Here, the College is its own local-jurisdiction: ARS 34-461 exempts community college districts from local regulation, so each District assumes the authority over

elements that are attached to a new or used Manufactured Home, Mobile Home or Factory-built Building. ARS § 41-4001(1). The College’s Tiny Homes are designed to stand alone and will not be attached to any other structure.

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its campuses for development reviews. For purposes of this jurisdictional analysis, Districts are the “local jurisdiction” responsible for on-site reviews.
Using the jurisdictional approach to differentiate between off-site and on-site avoids several absurd results. See Bilke at 464. OMH’s regulation will subject the College to fees and significant time delays, which could make regulation infeasible. This would result in the impracticality of the College being forced to destroy usable and Code-compliant housing units that could be used to address its Housing shortage. Alternatively, OMH has said the College could avoid its regulation either by building only “sheds” within the classrooms, then finishing the Tiny Homes at the Pads or fully building the Tiny Homes at the Pads. Both options are unacceptable to the College because they defeat the initial purpose of the Tiny Homes, which was to build them in a controlled environment to avoid weather delays.
OMH’s suggested options highlight the crux of its argument for regulatory authority: that moving a structure just a few hundred yards is the sole reason OMH has jurisdiction over the Tiny Homes. This is not only an interpretation of the statutory scheme that would lead to an absurd result, it is not consistent with the plain statutory language that specifies the College’s authority and OMH’s authority to regulate specific activities in specific circumstances (see below). The AG Opinion’s focus on jurisdictional boundaries is consistent and harmonious with all relevant statutory language and avoids an otherwise absurd result. See Flynt, 199 Ariz. at 94.
2. Tiny Homes are not Factory-Built Buildings The Tiny Homes are not factory-built buildings, as the Tiny Homes are not “manufactured at an off-site location....” ARS § 41-4001(17) (emphasis added). As discussed above, all activity related to the Tiny Home construction will occur on-site within a College campus, other than a few minutes of transport between campuses. The Tiny Homes are always under the control of the College, and everything related to their construction is done on-site at a College property. As the Tiny Homes are not manufactured at an off-site location, OMH is simply wrong that they fall within the definition of a factory-built building.
3. The College is not a Manufacturer
The College’s activities also do not meet the definition of any entity regulated by OMH. The College does not meet the definition of “manufacturer,” which is any person “engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter.” ARS § 41- 4001(26). The College is not engaged in “manufacturing, assembling, or reconstructing.” Because the statutory terms “manufacture,” “assemble” and “reconstruct” are not defined, we look to their dictionary meanings. See In re Drummond at ¶ 7. The common definition of “manufacture” is the “making of goods or wares by manual labor or by machinery, especially on a large scale.” See Dictionary.com available at https://www.dictionary.com/browse/ manufacture (emphasis added). “Goods” are defined as “articles of commerce; merchandise” and “wares” are defined as “articles of manufacture considered as being for sale.” See Dictionary.com available at https://www.dictionary.com/browse/goods and https://www.dictionary.com/browse/wares. Based on these definitions, the College is not

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“engaged in manufacturing.” The College builds two to three homes a year for its own use, both for educational purposes and Housing. The College only builds the Tiny Homes it needs for teaching the Program, so it is not producing them on a large scale. Most importantly, the College is not building its Tiny Homes for a commercial purpose, as it only uses the Tiny Homes for College purposes. Because the College is not engaged in commercial manufacturing on a large scale, it is not a ”manufacturer” under Title 41 and not subject to OMH’s authority. This is illustrated by the list of the entities licensed by OMH as manufacturers, which are all business entities. 9 See Attachment D, Licensed Manufacturers.
The College is also not assembling or reconstructing the Tiny Homes. The common definition of assemble is “to put together the parts of” and the common definition of reconstruct is “to construct again; rebuild.” See Dictionary.com available at https://www.dictionary.com/browse/assemble and https://www.dictionary.com/ browse/reconstruct. The College, from the Program through final installation, are building the Tiny Homes from raw materials, such as wood, block, concrete, wiring, pipes and fittings, and other construction materials. It is not assembling the structures from pre-built parts. The College is also building new Tiny Homes, not rebuilding an existing structure. As the College is not manufacturing, assembling, or rebuilding the Tiny Homes, it is not a ”manufacturer” over which OMH has authority.
4. The College is not an Installer
Similarly, the College also does not meet the statutory definition of ”installer,” which is found in ARS § 41-4001(21). The College is a public entity and is not “in the business of performing installations.” Id. The College will never work on a Tiny Home that is off campus, nor will it work on a Tiny Home for a private third party. As the College is not engaging in the business of installations, it is not an “installer” over which OMH has authority. c. The Limits of the College’s Authority There are factual situations where OMH would have authority over the College’s use of factory-built buildings, but none of those are present in the current scenario. For example, if the College purchased a factory-built building from a Manufacturer, that building would be built off-site by an entity other than the College and would fall under OMH’s jurisdiction. Similarly, if the College wanted to sell its Tiny Homes for use outside of a College campus, OMH would likely have jurisdiction over the College. As noted above, the College is not engaging in these activities and instead is building the Tiny Homes on-site, for educational purposes, placing them permanently on a College campus, and using them for Housing for its students and faculty. Under these facts, it has the authority to operate without OMH regulation.
V. Conclusion
Based on the above, the plain language of the College’s statutory authority allows it to build the Tiny Homes and use them for Housing within its campuses (i.e., its jurisdictional boundary).

9
See https://arizonahousing.my.site.com/MHD/s/search-license.

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Nothing in OMH’s statutory authority allows it to supersede the College’s authority to build and use its Tiny Homes on its campuses. Specifically, the Tiny Homes do not meet the statutory definition of a factory-built building, and the College is not a manufacturer nor an installer under the statutory definitions. The conclusion that the College has this authority free from OMH regulation is not only consistent with the statutory language, but is the only result that harmonizes the authority of both the College and OMH in a way that clearly furthers the legislative intent.

Attachment A

VIA E-MAIL: [email protected]

January 24, 2025

Tara Brunetti
Assistant Deputy Director
Manufactured Housing & Building
Arizona Department of Housing
1110 W. Washington St., Ste. 280
Phoenix, AZ 85007
Re: Yavapai College – Authority to Build, Install, and Use Tiny Homes Dear Ms. Brunetti:
Thank you for discussing Yavapai College’s (“YC”) Construction Building Technology Program (the “Program”) and its use of small, self-contained dwelling units (“Tiny Homes”) for student instruction and housing. As discussed, YC desires to use the finished Tiny Homes for student and/or faculty housing (“Housing”). The Arizona Department of Housing (“ADOH”), Office of Manufactured Housing (“OMH”) is taking the position that it must regulate the Tiny Homes as Factory Built Buildings (“FB Buildings”) pursuant to Arizona Revised Statutes (“ARS”) Title 41, Ch. 37, Article 3, Office of Manufactured Housing. YC believes its statutory authority as a community college district allows it to both build and use the Tiny Homes for Housing without OMH regulation. YC and OMH have agreed to submit to the Attorney General’s Office (“AG”) the question of whether OMH has regulatory authority over YC’s construction and use of Tiny Homes as described herein. Below is the factual background to this issue, as well as the law and analysis supporting YC’s ability to build and use the Tiny Homes for Housing without OMH regulation.
A. YC’s Use of Tiny Homes for Educational and Housing Purposes 1. History of the Program.
YC began the Program in the 1970s to serve students interested in the construction trades.
The Program provides certifications in General Residential Construction, Carpentry, HVAC Installation and Maintenance, Plumbing, and Electric. YC offers the Program at two locations: its Verde Valley campus in the Town of Clarkdale (“Verde Campus”), and its Career & Technical Education Center in the City of Prescott (“CTEC”).
For decades, students in the Program have built a residential structure as part of the curriculum, giving them hands-on construction experience. The Program uses the latest versions of the International Code Council’s building codes (e.g., the 2024 International Residential Code) to teach students and to build the homes. The Program’s primary instructor is a licensed Arizona contractor, which is a YC job requirement and not a regulatory requirement. Over the years, the Program has used various types of structures to teach students. Early on, the Program built full-sized single-family homes, and for several years it worked on Habitat for Humanity

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projects. However, these large, site-built structures were problematic because they were too complex for teaching, and outdoor construction often resulted in weather delays. For these reasons, YC looked for other options to provide hands-on instruction.
In 2021, the Program began using Tiny Homes to teach its students, which allowed it to move all instruction indoors into warehouse buildings. As a result, YC now teaches students in a climate-controlled environment so instructors can avoid weather delays and keep courses on schedule. In a typical school year, each campus produces one Tiny Home. To date, the Program has produced three Tiny Homes at the Verde Campus and two at CTEC (please note the interiors of these Tiny Homes have not been finished out, subject to the outcome of this matter).
2. Utilization of the Program’s Tiny Homes to Address Housing Shortage.
Instead of demolishing these safe, code-compliant, and comfortable Tiny Homes, YC saw an opportunity to address its need for Housing. Yavapai County has been hit hard by the housing crisis and was recently deemed the State’s least affordable county. 1 The housing shortage has impacted YC’s students and faculty, who are finding it increasingly difficult to find attainable housing. YC has looked for creative ways to address the crisis, including recently buying the Prescott Pines Camp in 2024 to provide additional Housing. 2 YC saw these Tiny Homes as another creative Housing option. Because it controls the design and quality of each home, YC knew it could safely use the Tiny Homes for Housing. It also involves its Facilities Management group, which oversees new building development, to ensure the Tiny Homes meet all YC building standards. YC has a vested interest in producing safe Tiny Homes, as it will lease the Tiny Homes to students and faculty.
The Tiny Homes will be used for Housing on YC’s Verde Campus and CTEC campus. For the Verde Campus, YC will move the Tiny Homes about 100 yards from the classroom to the final building pads (“Pads”) located on campus in an area designated for Housing. The CTEC campus has no room for Housing, so YC created Pads at its Chino Valley Center campus (“Chino Valley Campus”) about eight miles away. Once complete, YC will transport the Tiny Homes to the Chino Valley Campus for final installation. For both campuses, YC will build the Pads with concrete slabs and all utilities built to the latest building codes. YC will lease the Tiny Homes only to students and/or faculty in need of affordable housing, and the homes will never be sold or leased to non-YC parties. Except for a brief period of transport, the Tiny Homes will be built, installed, and utilized on a YC campus and always be under the control and direction of YC.
In early 2024, YC applied for an ADOH Lower Cost Housing NOFA affordable housing grant. ADOH denied the grant and informed YC that OMH should regulate YC’s Tiny Home on-campus construction and installation. OMH specifically noted its obligations to protect the

1
Zachary Siegler, Home Affordability Continues to Shrink in Arizona, Arizona Public Media, January 2, 2024, https://news.azpm.org/p/news-splash/2024/1/2/218569-home-affordability-continues-to-shrink-in- arizona/#:~:text=Some%20of%20the%20state's%20northernmost,counties%20both%20also%20topped%2050%25 2 Jesse Bertel, Yavapai College District Board approves acquisition of ‘Prescott Pines Camp’, April 25, 2024, https://www.dcourier.com/news/yavapai-college-district-board-approves-acquisition-of-prescott-pines- camp/article_805adb48-026d-11ef-b621-b389c3afddf6.html

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public in directing YC to apply for licensing and manufacturing certifications. Alternatively, OMH informed YC that it could avoid regulation by either building the Tiny Homes at the Pad site, or leaving the interiors unfinished (i.e., build a shed). Neither of these is workable for YC because 1) building the Tiny Homes at the Pad requires outdoor construction, which creates course delays, and 2) building only a shed limits the Program instruction. YC has continued the Program’s use of Tiny Homes for instruction but has not finished out the interiors nor installed the completed Tiny Homes, and it is storing them pending resolution with OMH.
B. Statutory Authority of YC and OMH
1. OMH’s Authority to Regulate Factory Built Buildings.
ADOH is the State agency that, in part, establishes policies and programs to address the State’s affordable housing issues, including guidelines on the construction and financing of affordable and attainable housing. ARS §§ 41-3953(A), (B)(1). ADOH also provides political subdivisions advisory and consultative assistance for the development of safe, decent, and affordable housing. ARS § 41-3953(A).
Within ADOH, OMH is the department that maintains and enforces standards of quality, safety, and installation of FB Buildings, such as manufactured homes, factory-built buildings, and accessory structures. ARS § 41-4002. Like all State agencies, ADOH/OMH have no inherent powers, as their powers are limited to those granted by statute. Beazer Homes Arizona, Inc. v. Goldwater, 196 Ariz. 98, 100 (Ct. App. 1999); Schwartz v. Superior Ct., 186 Ariz. 617, 619 (Ct. App.1996).
To ensure the public safety for FB Buildings, OMH’s authority includes:

• Issuing certificates of compliance for FB Buildings that meet construction and installation requirements. ARS § 41-4004(A)(3).
• Inspect facilities that manufacture, sell or install FB Buildings. ARS § 41-4004(A)(4).
• Prohibit the use of FB Buildings in violation of the FB Building statutes. ARS § 41- 4004(A)(6).
• Issue stop-work order for any construction, installation, or rebuilding of a FB Buildings done in violation of the applicable statutes. ARS § 41-4004(A)(8).
• Cite unlicensed persons for performing work on a FB Building. ARS § 41-4004(C).
• Provide notice to anyone who has installed a FB Building without first obtaining an installation permit. ARS § 41-4004(E).
  2. YC’s Authority to Educate and Construct Buildings.
  YC is a community college district (“District”) authorized by ARS Title 15, Ch. 12, Community Colleges. Districts are political subdivisions of the State of Arizona and therefore possess authority for self-government by their selected officers. McClanahan v. Cochise College, 25 Ariz. App. 13, 16-17 (1975). Like State agencies, a political subdivision’s power is limited to the purpose justifying its political existence, and these powers are no greater than granted by statute. City of Tempe v. Arizona Bd. of Regents, 11 Ariz. App. 24, 25 (1969); City of Mesa v. Salt River Project Agr. Imp. & Power Dist., 92 Ariz. 91, 97 (1962); City of Scottsdale v. Superior Court, 103 Ariz. 204, 205 (1968).

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The statutory powers granted to community colleges, through their District boards, includes:

• Offering programs that meet the educational needs of the population they serve. ARS § 15-1444(A)(2).
• Establish curricula and designate courses to best serve the population they serve. ARS § 15-1445(5).
• Hire administration, faculty, and other employees. ARS § 15-1444(A)(6).
• Award degrees and certificates at the completion of a course or curricula. ARS § 15- 1444(A)(9).
• Determine campus locations and purchase, hold, sell, and convey real or personal property for the benefit of the community college. ARS § 15-1444(A)(11).
• Construct, remodel and repair buildings. ARS § 15-1444(B)(5).
  Importantly, when building, maintaining, and renovating buildings, Districts are exempt from local building codes (except fire codes). ARS § 34-462; ARS § 34-461(D). In addition, Arizona law also recognizes that Districts can build Housing through their authority to issue revenue bonds for residence halls. ARS §§ 15-1481(5); 15-1482(1).
  3. Arizona law giving Districts the authority to construct onsite buildings.
  Arizona law acknowledges several instances where public institutions may build facilities free from outside development regulation. These include ARS § 34-461 and, most relevant here, ARS § 34-462 that exempts Districts from local building regulations. In 1984, the Arizona legislature adopted ARS § 34-461, which required that many public buildings be regulated by local building codes and inspection. Soon after, the AG evaluated how this section coexists with OMH’s authority. The AG concluded that ARS § 34-461 only applies to on-site construction of public buildings while OMH regulates FB Buildings built off-site. In 1986, the AG issued a second opinion reaffirming that political subdivisions, like primary school districts, using offsite FB Buildings are subject to OMH regulation, but once onsite these FB Buildings can be moved between campuses without OMH regulation. 1986 Ariz. Op. Att’y Gen. 31.
  In 2002, the Arizona legislature adopted ARS § 34-462 (referencing ARS § 34-461(D)), exempting community college District buildings from local building codes (except fire code). This statute gives Districts the authority to oversee and regulate the construction of all college facilities. This statute is consistent with Arizona court decisions related to the construction of other public buildings, particularly those for higher education. Bd. of Regents of Universities & State Coll. v. City of Tempe, 88 Ariz. 299, 312 (1960); Book-Cellar, Inc. v. City of Phoenix, 150 Ariz. 42, 44, (Ct. App. 1986) ( “a governmental body is generally not subject to zoning restrictions in its use of property for governmental purposes.”); City of Scottsdale v. Mun. Ct. of City of Tempe, 90 Ariz. 393, 397 (1962) (finding that the City of Scottsdale’s wastewater facility located in the City of Tempe was not subject to Tempe’s zoning and building regulations). In Bd. Of Regents, the City of Tempe attempted regulate and charge development fees to new construction at Arizona State University. The court held that the Board of Regents was free from City regulations, recognizing that the Board of Regents had statutory control over the University, and was authorized to build college buildings. Id. at 310. The court stressed that centralized

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control over University activity was essential to the “efficient and orderly administration of a system of higher education responsive to the needs of the people….” Id. at 311.
C. Arizona Law Supports YC’s Use of Tiny Homes for Housing 1. YC has the statutory authority to both build its Tiny Homes and use them for Housing.
The question in this case is one of statutory authority: does YC have the authority to build and use its onsite Tiny Homes without regulation, or does OMH have the authority to regulate YC’s construction and use of the Tiny Homes? In this case, Arizona law is clear that YC can build and use the Tiny Homes without regulation. Political subdivisions and agencies must operate within the authority given to them by statute. As a community college, there are several statutory authorities that allow YC to build and use its Tiny Homes without outside regulation. First, YC has authority as a District to teach the Program. It can create curricula, hire instructors, and award certificates to those who complete the course work. See ARS § 15-1444(A)(2),(5),(6). YC uses its Tiny Homes as the core of teaching the Program to give students the hands-on experience they need. Tiny Homes allow for teaching in a climate-controlled environment, supervised by experienced instructors that ensure the structure is built safely and to the most recent building codes. These homes are essential to the Program, and therefore YC has the authority to build them.
Second, YC has the authority to construct, remodel, and repair its campus buildings. ARS § 15-1444(B)(5). YC has used this authority to build all its campus buildings free of outside regulation (other than fire code), as allowed by ARS § 34-462 and ARS § 34-461(D). YC now is using this authority to construct Tiny Homes for Housing. These homes are built on campus to strict standards, including the most current building codes. The homes’ design and construction are reviewed by faculty and Facilities Management, which is responsible for all new development and maintenance on its campuses. YC will install the homes on two campuses, where it will maintain them. At no point will YC remove the homes from its campuses, nor sell or lease the homes to non-YC affiliated parties. Like all its other campus buildings, YC has the authority to construct these Tiny Homes for use on campus with no outside regulation, including that of OMH.
2. OMH’s does not have the authority to Regulate YC’s On-site Construction Any authority OMH has to regulate FB Buildings is limited to off-site built public structures, which does not apply in this case. See Ariz. Op. Att’y Gen. 78. Onsite public FB Building are typically regulated by local jurisdictions, but the legislature specifically exempted Districts from local regulation, see ARS § 34-462, giving them the authority to build their own campus buildings. While the AG’s 1984 opinion does not specifically address it, YC’s construction of Tiny Homes must be evaluated as the legislature intended: validating the Districts authority over its onsite construction of college buildings, including FB Buildings.
Here, YC’s Tiny Home construction occurs onsite. It builds the Tiny Homes on its Verde and CTEC campuses, then installs the homes on its Verde and Chino Valley campuses. Other than a few minutes of transport between campuses, all Tiny Home construction and installation will occur on a YC campus. OMH acknowledges that it would not have authority to regulate YC

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if the Tiny Homes were built entirely at the Pad site. This position acknowledges that OMH knows its authority is limited to off-site built structures, and relies on the tenuous position that transporting the Tiny Homes makes them subject to its regulation. Even the AG acknowledges this is not the case, finding that mere transport of a building between school district campuses (which are subject to OMH regulation) does not fall under OMH’s authority. All of YC’s construction activity occurs onsite, and OMH has no authority over this activity.
3. YC assumes all public safety obligations for its Tiny Homes and residents.
OMH has claimed it must regulate the Tiny Homes based in part by its obligation to protect the public, including YC’s students and faculty. This position fails to acknowledge the difference between YC’s actions and a typical FB Building transaction. In the latter, a manufacturer builds the structure in an offsite factory or warehouse and transports the structure to a buyer where an installer finishes the job. This process involves multiple unrelated parties, all businesses subject to State regulation, who place these buildings into the public marketplace. OMH’s regulatory authority in this case is clearly critical to public safety because after installation the buyer assumes all responsibility for the FB Building.
YC’s Tiny Home process is much different. YC builds and installs its homes on its campuses, fully under its control and authority. Once installed, YC will lease the homes to its students or faculty. During this time, YC will have an ongoing obligation and legal duty to safely maintain these homes. This duty helps ensure that YC will build and keep these homes safe for its students and faculty. OMH’s regulation here is unnecessary because YC has the ongoing obligation to protect the public safety for their students and faculty.
4. OMH has a statutory obligation to encourage affordable housing options.
Finally, we note that part of ADOH’s and OMH’s mission is to provide State political subdivisions advisory and consultative services for the development of safe, decent, and affordable housing. ARS § 3953(A). YC has identified a creative and legal way to provide a small amount of affordable housing to its students and faculty who need it. YC believes it important to consider in this decision that OMH is directed by the legislature to help address the State’s housing affordability crisis. YC’s efforts are not only statutorily authorized, they should be acknowledged as a model of creativity and common sense needed to help remedy the housing shortage.
D. Conclusion
As described above, the Arizona legislature gave Districts the authority to build and maintain their buildings without outside regulation, while OMH’s authority does not extend to public buildings built onsite. As that is the situation here, YC respectfully requests the AG to confirm that YC’s statutory authority allows it to construct, install, and use its Tiny Homes for both educational and Housing purposes. Furthermore, it requests the AG to confirm, consistent with its prior opinion, that OMH does not have the authority to regulate the onsite construction of public buildings, which applies specifically to YC’s Tiny Home construction and use.

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Sincerely,

Rory Juneman, Esq.

cc: Clint Ewell, VP Finance & Administrative Services, Yavapai College James Crockett, Assistant Director, Facilities, Yavapai College John Morgan, Associate Vice President, Yavapai College Jeff Jacobs, Division Administrator, ADOH Michael Frary, Program Manager, ADOH

VIA CERTIFIED MAIL AND E-MAIL

February 13, 2025

Rory Juneman, Esq.
LAZARUS & SILVYN, P.C.
206 E. Virginia Avenue
Phoenix, Arizona 85004-1110
E-mail: [email protected]

Re: Your January 24, 2025 letter re: Yavapai College – Authority to Build, Install, and Use Tiny Homes

Dear Mr. Juneman:

The Arizona Department of Housing, the Office of Manufactured Housing (“OMH”) is in receipt of your letter explaining the position of Yavapai College (“YC”) that Title 41, Chapter 37, Article 3, Arizona Revised Statutes (“A.R.S.”) (A.R.S. §§ 41-4001 through 41-4010) does not govern YC’s manufacture and installation of Tiny Homes. OMH has reviewed YC’s position, and sets forth its response below without the need to seek a formal opinion from the Arizona Attorney General’s Office regarding OMH’s regulatory authority over the manufacturing and installation activities described in your letter.

To summarize, YC uses Tiny Homes—manufactured in a controlled warehouse environment at YC’s Verde Campus—to teach construction skills to its students, and to provide affordable housing to students or faculty at YC’s Verde Valley Campus and the Chino Valley Campus, which requires transportation of the manufactured Tiny Homes to completed building pads located elsewhere at the Verde Campus and at the Chino Valley Campus for installation and use as housing. No doubt, YC’s teaching methodology is efficient, creative, and solution-driven, and OMH does not wish to be perceived as unnecessarily interfering with YC’s efforts and goals. Accordingly, OMH respectfully asks that YC consider OMH’s response below as an enhancement to YC’s teaching methodology and not as an unreasonable or improper regulatory overreach.

I. The Manufacturing and Installation of Tiny Homes on YC’s Campuses Is Subject to the Jurisdiction of OMH. 1

1
YC’s purported authority to engage in the leasing of Tiny Homes to students and/or faculty to provide affordable housing is not relevant to the issues presented by YC in your letter, and without conceding that such purported authority exists, OMH reserves the right to address that issue to the extent it becomes relevant or OMH deems it appropriate to do so.

OMH does not disagree that YC has the express authority to “construct, remodel and repair buildings” pursuant to A.R.S. § 15-1444(B)(5), and that YC is a political subdivision of the State of Arizona, and as such, it possesses subordinate self-government by its selected officers. Like YC, OMH recognizes that YC’s powers are no greater than those granted by statute and are limited to the purpose justifying its political existence.

As support for its position that it is not subject to OMH’s jurisdiction in the manufacturing of Tiny Homes in a controlled warehouse environment, and for installation of the Tiny Homes at other locations at the Campuses, YC relies upon its authority to construct “buildings” under A.R.S. § 15-1444(B)(5) and its exemption from local building codes 2 under A.R.S. §§ 34-462 and 34-461(D). YC’s reliance on the foregoing is misplaced for two reasons.

First, the term “public building” under A.R.S. § 34-462(J) “means a building or appurtenances to a building that is built in whole or in part with public monies.” (Emphasis added.) The term “building”, from OMH’s perspective, means an edifice constructed for use or convenience as a house, church, shop, et., attached to and becoming part of the land, i.e. affixed to the real property and is attached to and is a part of the land.

OMH considers the following factors in assessing when a chattel becomes a building and part of the real property, requiring a unity of three requisites:

(1) annexation to the realty or something pertinent thereto;
(2) the chattel must have adaptability or application to the use for which the real estate is appropriated; and
(3) there must be an intention of the party to make the chattel a permanent accession to the freehold, which is accomplished by filing an Affidavit of Affixture with the county recorder.

Moreover, according to the Ariz. Op. Att’y Gen. 72-30 L (1972), “if the structure can be ‘moved from one spot to another at less expense than building a new building, it is prima facie portable and relocatable’”.

Based upon the information provided in your letter and the points set forth above, the Tiny Homes that YC manufactures and installs on pads located elsewhere— whether or not the pad locations are on other parts of YC’s Campuses— are not “buildings” that fall under YC’s construction authority granted in A.R.S. § 15-1444(B)(5).

Second, the exemption under A.R.S. §§ 34-462 and 34-461(D), upon which YC relies, only applies to city, town, or county building codes; the exemption does not apply to OMH’s jurisdiction granted under Title 41, Chapter 37, Article 3. To summarize, A.R.S. § 34-462 (enacted in 2002) exempted community college buildings (like state owned buildings) from local building codes pursuant to § 34-461(D). § 34-

2
Under A.R.S. § 34-462, YC remains subject to local fire codes.
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Type

461(D) specifically provides that “[s]ubsections A and B of [§ 34-461] do not apply to state owned buildings except for the application of the fire code in effect where a state owned building is located.”

Subsection A of § 34-461, from which YC is exempt, expressly provides:

Public buildings shall be constructed in compliance with applicable building, electrical, fire and mechanical codes adopted by the city, town, county . . . in which the building is located.

In other words, under A.R.S. § 34-461(D), state owned buildings and community college buildings are free from local regulation. That is, those applicable building, electrical, and mechanical codes adopted by a city, town or county do not apply to state owned buildings and community college buildings.

Finally, YC’s rational that OMH lacks the authority to regulate what YC characterizes as “on-site” construction (your letter, p. 5) is unavailing for three reasons.

First, the Tiny Home manufacturing/transportation/installation activities do not constitute an exercise of YC’s authority to construct “buildings” under A.R.S. § 15-1444(B)(5), as explained above.

Second, even if YC’s activities fell within its authority under A.R.S. § 15-1444(B)(5), the exemption from local building, electrical, and mechanical codes adopted by the city, town, county under A.R.S. § 34- 461(D) and A.R.S. § 34-462 does not extend to the jurisdiction granted to OMH under state and federal law to regulate YC’s activities, as discussed above.

Third, and equally pertinent, in arguing that YC’s activities constitute “on-site” construction— falling outside OMH’s authority—because the manufacturing and the installation of the Tiny Homes at different locations both occur on YC’s Campuses, YC ignores the definitions of “factory-built building” and “installation” under A.R.S. § 41-4001, and the legislature’s expressed purpose of OMH as stated in A.R.S.
§ 41-4002:

The purpose of the office of manufactured housing . . . is to maintain and enforce standards of quality and safety for . . . factory-built buildings . . . and accessory structures and installation of . .
. factory-built buildings and accessory structures. The affairs of the office of manufactured housing shall be conducted consistently with minimum standards of the United States department of housing and urban development so as to be designated the “state inspector” for manufactured homes and related industries. The office shall implement all existing laws and regulations mandated by the federal government, its agencies and this state for such purposes.

Clearly, OMH does not regulate the erection of a structure as a permanent accession at the site where the structure is intended to be used. Rather, OMH maintains and enforces standards of quality and safety for factory-built buildings and accessory structures, and their installation. See A.R.S. § 41-4002. It is the manufacturing of the Tiny Home at one location and then the transportation of it for installation or completion at another location on its Campuses that bring YC’s activities directly within OMH’s regulatory authority. Pursuant to A.R.S. § 41-4001(17), a “factory-built building” (a) means a residential or commercial building that is (i) either wholly or in substantial part manufactured at an off-site location Page 3 of 5

and transported for installation or completion, or both, on site, (ii) constructed in compliance with adopted codes, standards and procedures, and (iii) is installed temporarily or permanently. Under A.R.S.
§ 41-4001(20), “installation” means connecting factory-built buildings to on-site utility terminals, and placing them on foundation systems.

YC’s reasoning that both the manufacturing and the installation that occurs on YC’s Campuses renders YC’s activities as “on-site” construction would render Title 41, Chapter 37, Article 3 meaningless. Such a result, from OMH’s perspective, is contrary to applicable law.

II. OMH’s Regulatory Oversight Is Mandated for the Fabrication and Installation of Factory-Build Buildings.

OMH is the designated “state inspector” for manufactured homes and related industries, and is obligated to implement all existing laws and regulations required by the federal government and its agencies, as well as the State of Arizona. A.R.S. § 41-4002. OMH is required to inspect premises or investigate premises where units are manufactured, sold or installed to determine whether there are violations of applicable law or rules. A.R.S. § 41-4004(A)(4). OMH is obligated to issue citations for unlicensed activity pursuant to A.R.S. § 41-4004(C). As notable, pursuant to § 41-4006(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 certified by OMH be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit inspected by OMH. 3

Beyond the above stated mandates, there are practical reasons why OMH’s oversight is needed.
There are major differences between the construction/plans/installation for factory-built buildings and stick-built/brick and mortar construction. Construction, planning and installation for factory-built buildings require additional expertise that is beyond that of a registered general contractor. For example, factory-built buildings require:

• Detailed knowledge of off-site fabrication processes in the manufacturing stage • Expertise in planning for transportation of building modules • Knowledge of precise site preparation to match factory-built modules • Specialized skills in connecting prefabricated modules on site • Specialized understanding of unique structural connections and joint systems • Knowledge of the implementation of quality control measures at the factory and on-site • Adherence to standards and codes specific to modular construction • Expertise in integrating mechanical, electrical, and plumbing systems within the factory built-modules, and
• Expertise in ensuring seamless connections between modules and site utilities.

OMH recognizes that YC is providing training to its students and does not intend to interfere with the educational functions performed at the YC Campuses. However, in light of YC’s intention to transport the Tiny Homes from the fabrication site to a different location (whether it is on YC Campuses or not) for

3
OMH regulates the State’s use of modular structures, and YC, as a political subdivision, would be no different.
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installation and use as housing/or some other use, it is imperative that YC is informed, as noted herein, of OMH’s mandated regulatory oversight to avoid any negative ramifications to YC.

III. Possible Alternatives that may be Available to YC for Purposes of Accomplishing YC’s Goals of Teaching and Later Use of the Tiny Homes.

YC may be in a position to accomplish both the instructional goal and the end-use goal with some modifications to its methodology. One or more of YC’s instructors could seek licensing by OMH for purposes of manufacturing and installation, with appropriate inspections and regulatory oversight performed by OMH throughout the process. Or, perhaps, YC could work with OMH licensees, under the licensees’ authority, in order to perform each stage of the process, including installation, again with OMH’s regulatory oversight. YC could also opt to alter the construction method in such a manner that would remove the structure from the definition of “factory-built building” set forth in A.R.S. § 41- 4001(17). That is, a “factory-built building” does not include a panelized residential building using open or closed construction. See A.R.S. § 41-4001(17)(b). Or, while this would not accomplish the housing goal, YC could restrict the methodology to instruction only, without transporting, installing, or using the Tiny Home.

IV. Conclusion

This letter is intended to provide YC with a full understanding of OMH’s role in the fabrication, installation, and use of modular structures so that YC can proceed with its activities well informed and compliant with State and Federal law. OMH is available to further discuss the matter if that would be helpful.

Sincerely,

Tara Brunetti
Assistant Deputy Director

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Attachment B
§ 15-1444. General powers and duties of district boards, AZ ST § 15-1444

Arizona Revised Statutes Annotated
Title 15. Education (Refs & Annos)
Chapter 12. Community Colleges (Refs & Annos) Article 3. Community College District Boards

A.R.S. § 15-1444

§ 15-1444. General powers and duties of district boards

Currentness

A. Except as otherwise provided, each district board shall:

1. Maintain each community college under its jurisdiction for a period of at least eight months in each year and, if the monies
   of the district are sufficient, maintain each community college for a longer period.

2. Adopt policies in a public forum to offer programs that meet the educational needs of the population served by the community
   college.

3. Enforce the courses of study prescribed by the district board.

4. Visit each community college under its jurisdiction and examine carefully into its management, conditions and needs.

5. Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character
   intended for use as textbooks.

6. Appoint and employ a chancellor or chancellors, vice chancellors, a president or presidents, vice presidents, deans, professors,
   instructors, lecturers, fellows and such other officers and employees it deems necessary. The district board may enter into employment contracts with chancellors, vice chancellors and presidents for a duration of more than one year but not more than five years.

7. Determine the salaries of persons it appoints and employs. A district may not compensate an employee for work performed
   on behalf of an elected employee representative organization and may not provide more favorable terms and conditions of employment to any employee because that individual belongs to an elected employee representative organization.

8. Remove any officer or employee if in its judgment the interests of education in this state require the removal.

9. Award degrees, certificates and diplomas on the completion of courses and curricula as it deems appropriate.

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§ 15-1444. General powers and duties of district boards, AZ ST § 15-1444

10. Appoint or employ, if it deems necessary, police officers who shall have the authority and power of peace officers. The
    police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 21 or the public safety personnel retirement system under title 38, chapter 5, article 4.2

11. Determine the location within the district of a community college and purchase, receive, hold, make and take leases of, sell
    and convey real or personal property for the benefit of the community colleges under its jurisdiction.

12. Obtain insurance or be self-insured, or a combination of insurance and self-insurance, against loss, to the extent it is
    determined necessary on community college buildings of the district. The local district shall have an insurable interest in the buildings.

B. The district board may:

1. Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property
   wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district.

2. Lease real property, as lessor or as lessee. If a district is the lessee, the lease may contain an option to purchase the property.
   The district board may adopt policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to lease property under this paragraph. Any delegation by the district board pursuant to this paragraph may be rescinded in whole or in part at any time by the district board.

3. Sue and be sued.

4. Contract. The district board may adopt such policies as are deemed necessary and may delegate in writing to the chancellor
   or president of the district, or their designees, all or any part of its authority to contract under this paragraph. Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part.

5. Construct, remodel and repair buildings.

6. In conjunction with other districts, establish policies for procuring goods and services.

7. Provide a plan or plans for employee benefits, which may include optional retirement programs pursuant to § 15-1451,
   subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.3

8. Accept grants or donations of monies from the United States or any of its agencies, departments or officers, this state, political
   subdivisions of this state, tribal governments, school districts, special taxing districts, persons, corporations, foundations or associations. The district board shall deposit the monies into a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific policies or restrictions as described or stipulated in the grant

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§ 15-1444. General powers and duties of district boards, AZ ST § 15-1444

or donation. In the case of personal property granted or donated to or for the benefit of a community college district, the district board shall immediately transfer possession and ownership of the property to the designated district. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.

9. Enter into intergovernmental agreements or contracts pursuant to § 11-952.01 for participation in programs offered by
   public agency pools or separately contract with a trustee or board of trustees that provides a common self-insurance program with pooled funds and risks pursuant to § 15-382, subsection B, paragraph 2. The district board is not required to engage in competitive procurement in order to make the decision to participate in these programs.

10. Name a building or a group of buildings that is located on a community college campus on behalf of a person or entity that
    has made a significant contribution of monies or other property to the community college or the community college district.

11. Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and
    profit-sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through community college district research. Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.

12. Enter into an intergovernmental agreement pursuant to § 15-1747 to participate in a reciprocity agreement subject to the
    terms of the reciprocity agreement.

13. Engage in entrepreneurial and commercial activities. Monies received pursuant to this paragraph are not considered local
    revenues for the purposes of article IX, section 21, Constitution of Arizona.

14. Collect auxiliary fees, including cafeteria fees, food service fees, bookstore fees and dormitory fees. Monies received
    pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.

15. Provide goods and services pursuant to a contract with a political subdivision of this state or with a tribal government. Monies
    received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.

16. For a community college in a county with a population of seven hundred fifty thousand persons or less, offer four-year
    baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education.

17. For a community college in a county with a population of more than seven hundred fifty thousand persons, offer four-
    year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education as follows:

(a) For the first four years that a community college offers four-year baccalaureate degrees, the community college may not offer more than five percent of its total number of degree and certification offerings for four-year baccalaureate degrees. For the fifth and subsequent years that a community college offers four-year baccalaureate degrees, the community college may not offer more than ten percent of its total number of degree and certification offerings for four-year baccalaureate degrees.

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§ 15-1444. General powers and duties of district boards, AZ ST § 15-1444

(b) Tuition per credit hour for the third and fourth years of a four-year baccalaureate program may not exceed one hundred fifty percent of the tuition per credit hour of any other district program.

C. If a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the district shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest. The lien for unpaid delinquent taxes, penalties and interest on property acquired by the district:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.

D. In a district whose boundaries encompass a vehicle emissions control area as defined in § 49-541, the district board shall require all out-of-county and out-of-state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of § 49-542. The district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles that fail to comply with § 49-542.

E. A community college district and a career technical education district governing board may enter into agreements to provide administrative, operational and educational services and facilities.

F. Each district may establish a program for the exchange of students between the community colleges under its jurisdiction and colleges and universities located in Sonora, Mexico. The program may provide for in-state tuition for Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for Arizona students enrolled or seeking enrollment in Sonora colleges and universities. The community colleges may work in conjunction with the Arizona- Mexico commission in the governor's office to coordinate recruitment and admissions activities to provide for in-state tuition for up to fifty Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for up to fifty total Arizona students enrolled or seeking enrollment in Sonora colleges and universities.

G. Each district shall facilitate transfer articulation coordination pursuant to § 15-1824.

Credits
Added by Laws 1981, Ch. 1, § 2, eff. Jan. 23, 1981. Amended by Laws 1981, Ch. 187, § 2; Laws 1984, Ch. 232, § 2; Laws 1985, Ch. 280, § 2; Laws 1986, Ch. 297, § 2; Laws 1987, Ch. 154, § 2, eff. April 21, 1987; Laws 1987, Ch. 360, § 1; Laws 1987, Ch. 365, § 6; Laws 1988, Ch. 218, § 2; Laws 1990, Ch. 411, § 1; Laws 1992, Ch. 40, § 1; Laws 1995, Ch. 32, § 7, eff. March 30, 1995; Laws 1998, Ch. 236, § 1; Laws 1999, Ch. 228, § 1; Laws 2000, Ch. 144, § 1; Laws 2001, Ch. 251, § 5; Laws 2002, Ch. 330, § 17; Laws 2003, Ch. 253, § 10, eff. Sept. 18, 2003, retroactively effective to July 1, 2003; Laws 2004, Ch. 230, § 5; Laws 2004, Ch. 336, § 8; Laws 2010, Ch. 17, § 18, eff. April 5, 2010; Laws 2010, Ch. 48, § 2; Laws 2011, Ch. 30,
§ 1; Laws 2014, Ch. 213, § 1, eff. April 23, 2014; Laws 2016, Ch. 58, § 1; Laws 2018, Ch. 311, § 29; Laws 2019, Ch. 266,
§ 1; Laws 2021, Ch. 315, § 2.

Notes of Decisions (20)

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§ 15-1444. General powers and duties of district boards, AZ ST § 15-1444

Footnotes
1 Section 38-711 et seq.

2 Section 38-841 et seq.

3 Internal Revenue Code sections may be found in Title 26 of U.S.C.A.

A. R. S. § 15-1444, AZ ST § 15-1444
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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5

§ 15-1481. Definitions, AZ ST § 15-1481

Arizona Revised Statutes Annotated
Title 15. Education (Refs & Annos)
Chapter 12. Community Colleges (Refs & Annos) Article 5. Issuance of Bonds for Revenue Producing Buildings

A.R.S. § 15-1481

§ 15-1481. Definitions

Currentness

In this article, unless the context otherwise requires:

1. “Acquire” includes purchase, erect, build, construct, reconstruct, repair, replace, extend, better, furnish, equip, develop,
   improve and embellish.

2. “Board” means the governing board of a community college district or its successors, but does not include community college
   tuition financing districts as prescribed in § 15-1409.

3. “Bonds” means any bonds issued pursuant to this article.

4. “Federal agency” means the housing and home finance agency, the United States of America or any of its officers or agencies
   designated or created to make grants or loans of monies for public construction work.

5. “Institution” means any community college district that is organized in this state pursuant to § 15-1402 or 15-1402.01, but
   does not include community college tuition financing districts as prescribed in § 15-1409.

6. “Project” means one or more classrooms, student or faculty residence halls, dormitories, dining halls, student union buildings,
   field houses, stadia and other revenue producing buildings located at the institution, together with sites for the buildings, and includes equipment, furnishings, heating, lighting and other service facilities in connection with the buildings.

Credits
Added by Laws 1981, Ch. 1, § 2, eff. Jan. 23, 1981. Amended by Laws 1988, Ch. 206, § 1; Laws 2002, Ch. 330, § 28; Laws 2003, Ch. 253, § 27, eff. Sept. 18, 2003, retroactively effective to July 1, 2003; Laws 2011, Ch. 248, § 9; Laws 2015, Ch. 306, § 7.

A. R. S. § 15-1481, AZ ST § 15-1481
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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1

§ 15-1482. Powers, AZ ST § 15-1482

Arizona Revised Statutes Annotated
Title 15. Education (Refs & Annos)
Chapter 12. Community Colleges (Refs & Annos) Article 5. Issuance of Bonds for Revenue Producing Buildings

A.R.S. § 15-1482

§ 15-1482. Powers

Currentness

The board shall have power, for and in behalf of the institution, to:

1. Acquire any project or projects and own, operate and maintain the same.

2. Accept grants or loans of monies from a federal agency.

3. Borrow monies and issue bonds and provide for the payment of the same and for the rights of the holders thereof.

4. Perform all acts and do all things necessary or convenient to carry out the powers granted by this article.

Credits
Added by Laws 1981, Ch. 1, § 2, eff. Jan. 23, 1981.

A. R. S. § 15-1482, AZ ST § 15-1482
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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1

§ 15-1483. Issuance of bonds, AZ ST § 15-1483

Arizona Revised Statutes Annotated
Title 15. Education (Refs & Annos)
Chapter 12. Community Colleges (Refs & Annos) Article 5. Issuance of Bonds for Revenue Producing Buildings

A.R.S. § 15-1483

§ 15-1483. Issuance of bonds

Currentness

A. The board for and on behalf of an institution is authorized from time to time to issue negotiable bonds for the purpose of acquiring a project or projects. The bonds shall be authorized by resolution of the board. The bonds may be issued in one or more series, bear such date or dates, be in such denomination or denominations, mature at such time or times, not exceeding forty years from the respective dates thereof, mature in such amount or amounts, bear interest at such rate or rates, as determined by the board, payable semiannually, be in such form either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such term of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at not less than par at either public or private sale. The bonds shall be fully negotiable within the meaning and for all the purposes of title 47, chapter 3.1

B. Before the issuance of bonds that do not require voter approval, a district shall submit information regarding the planned projects that will be funded with the bond proceeds to the joint committee on capital review for review.

Credits
Added by Laws 1981, Ch. 1, § 2, eff. Jan. 23, 1981. Amended by Laws 1982, Ch. 106, § 1, eff. April 14, 1982; Laws 1984, Ch. 77, § 21; Laws 2002, Ch. 330, § 29; Laws 2003, Ch. 264, § 8; Laws 2012, Ch. 103, § 2.

Footnotes
1 Section 47-3101 et seq.

A. R. S. § 15-1483, AZ ST § 15-1483
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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1

§ 34-461. Applicability of local codes; exceptions; definition, AZ ST § 34-461

Arizona Revised Statutes Annotated
Title 34. Public Buildings and Improvements Chapter 4. Structure of Buildings
Article 4. Building Codes (Refs & Annos)

A.R.S. § 34-461

§ 34-461. Applicability of local codes; exceptions; definition

Currentness

A. Public buildings shall be constructed in compliance with the state fire code or, if at the request of a school district or charter school, the office of the state fire marshal may authorize through an intergovernmental agreement with a city, town, county or fire district in which the school district or charter school building is located to impose the fire code adopted by the city, town, county or fire district on school district or charter school buildings. An intergovernmental agreement entered into pursuant to this subsection may allow the city, town, county or fire district to conduct regularly scheduled fire safety inspections. Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire and mechanical codes adopted by the city, town, county or fire district in which the building is located. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to these codes to determine compliance.

B. If a public building is built in an area that has not adopted local codes, the building shall be designed or constructed according to the state fire code adopted by the office of the state fire marshal and the building, plumbing, electrical and mechanical codes that apply in the largest city in the county in which the building is located.

C. Public buildings are subject to those codes that apply and are in effect when the building is designed or constructed and to the currently adopted codes when a building is found to be structurally unsafe, without adequate egress or a fire hazard or is otherwise dangerous to human life.

D. Subsections A and B of this section do not apply to state owned buildings except for the application of the fire code in effect where a state owned building is located. In complying with the applicable codes pursuant to subsections A and B of this section, the permitting process and fees do not apply to a public school district owned building in a county with a population of more than seven hundred fifty thousand persons but less than two million persons except for the application of the design and permitting process and any fee required of a fire code in effect where such a public school district owned building is located. State department of corrections facilities are exempt from the application of the local fire code in the absence of an intergovernmental agreement between the state department of corrections and the governmental entity responsible for enforcing any local fire code.

E. Notwithstanding subsection A of this section, cities prescribed in § 37-1383, subsection A, paragraph 5 do not have authority that supersedes and are not exempt from the office of the state fire marshal's established fire code in state or county owned buildings wherever located throughout this state.

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§ 34-461. Applicability of local codes; exceptions; definition, AZ ST § 34-461

F. Notwithstanding subsection A of this section, buildings and properties owned by the Arizona board of regents or a university under its jurisdiction are exempt from any city, town, county or fire district fire code in the absence of an intergovernmental agreement between the Arizona board of regents or the university and the city, town, county or fire district.

G. If the office of the state fire marshal enters into an intergovernmental agreement pursuant to subsection A of this section, a school district or charter school may choose to have the plan review, permitting and any related inspections or any regularly scheduled fire safety inspections completed by either the office of the state fire marshal or the city, town, county or fire district. If the school district or charter school chooses to have the city, town, county or fire district perform the plan review, permitting and any related inspections or the regularly scheduled fire safety inspections, the city, town, county or fire district shall inform the school district or charter school of any fees associated with the inspection process.

H. This section does not preclude a public school district in a county with a population of more than seven hundred fifty thousand persons but less than two million persons from submitting, at its discretion, to the building design or construction permitting process of the appropriate local government entity for any given project. A public school district making such a decision is subject to subsections A and B of this section and the permit and code compliance requirements of the local government entity, including inspections and fee payments that may be required, for the duration of the project that the district submitted to the local government entity.

I. Public school districts in a county with a population of more than seven hundred fifty thousand persons but less than two million persons shall adopt policies to provide requirements to be followed by licensed or registered contractors or employees in order to ensure that construction projects are in compliance with the applicable codes pursuant to subsections A and B of this section and that records required by code or law for a given project are completed and maintained by the applicable district. At a minimum, these policies shall:

1. Include the method by which the public school district will notify the appropriate local government unit or units, and retain
   a record of the notification, that the public school district will not be using the permitting process for a given project pursuant to subsection D of this section.

2. Prohibit a construction contractor from serving as a district's inspector and code compliance official on the same project for
   which the contractor is providing construction services.

3. Require the architect of record for a given district project to be responsible for signing the certificate of occupancy when
   such a certificate is required for that particular project.

J. For the purposes of this section, “public building” means a building or appurtenance to a building that is built in whole or in part with public monies.

Credits
Added by Laws 1984, Ch. 329, § 1. Amended by Laws 1997, Ch. 236, § 1; Laws 2005, Ch. 245, § 7, eff. July 1, 2006; Laws 2012, Ch. 123, § 1; Laws 2016, Ch. 128, § 50, eff. Aug. 6, 2016, retroactively effective to July 1, 2016; Laws 2016, Ch. 234,
§ 1; Laws 2017, Ch. 258, § 14.

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§ 34-461. Applicability of local codes; exceptions; definition, AZ ST § 34-461

Notes of Decisions (4)

A. R. S. § 34-461, AZ ST § 34-461
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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3

§ 34-462. Community college buildings; exemption from building codes, AZ ST § 34-462

Arizona Revised Statutes Annotated
Title 34. Public Buildings and Improvements Chapter 4. Structure of Buildings
Article 4. Building Codes (Refs & Annos)

A.R.S. § 34-462

§ 34-462. Community college buildings; exemption from building codes

Currentness

Community college buildings are exempt from local building codes pursuant to § 34-461, subsection D.

Credits
Added as Laws 2002, Ch. 330, § 65. Renumbered as § 34-462.

A. R. S. § 34-462, AZ ST § 34-462
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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1

§ 41-3953. Department powers and duties, AZ ST § 41-3953 Attachment C

Arizona Revised Statutes Annotated
Title 41. State Government (Refs & Annos) Chapter 37. Housing (Refs & Annos)
Article 2. Arizona Department of Housing (Refs & Annos)

A.R.S. § 41-3953

§ 41-3953. Department powers and duties

Effective: August 9, 2017
Currentness

A. The department is responsible for establishing policies, procedures and programs that the department is authorized to conduct to address the affordable housing issues confronting this state, including housing issues of low income families, moderate income families, housing affordability, special needs populations and decaying housing stock. Among other things, the department shall provide to qualified housing participants and political subdivisions of this state financial, advisory, consultative, planning, training and educational assistance for the development of safe, decent and affordable housing, including housing for low and moderate income households. The department is responsible for maintaining and enforcing standards of quality and safety for manufactured homes, mobile homes and factory-built buildings.

B. Under the direction of the director, the department shall:

1. Establish guidelines applicable to the programs and activities of the department for the construction and financing of
   affordable housing and housing for low and moderate income households in this state. These guidelines shall meet or exceed all applicable state or local building and health and safety code requirements and, if applicable, the national manufactured home construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P.L. 93-383, as amended by P.L. 95-128, 96-153 and 96-339). Guidelines established pursuant to this paragraph do not apply to the department's activities prescribed in § 35-726, subsection E.

2. Accept and allocate any monies as from time to time may be appropriated by the legislature for the purposes set forth in
   this article.

3. Perform other duties necessary to administer this chapter.

4. Perform the duties prescribed in §§ 35-726 and 35-728.

5. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that
   have similar and related objectives and purposes, cooperate with the agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.

6. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining
   to any department objectives.

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§ 41-3953. Department powers and duties, AZ ST § 41-3953

7. Provide information and advice on request of any local, state or federal agencies, private persons and business enterprises
   on matters within the scope of department activities.

8. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

9. Make annual reports to the governor and the legislature on its activities, including the geographic location of its activities,
   its finances and the scope of its operations.

10. Maintain and enforce standards of quality and safety for manufactured homes, mobile homes and factory-built buildings
    and enforce rules adopted by the board pursuant to § 41-4010.

C. Under the direction of the director, the department may:

1. Assist in securing construction and mortgage financing from public and private sector sources.

2. Assist mortgage financing programs established by industrial development authorities and political subdivisions of this state.

3. Assist in the acquisition and use of federal housing assistance programs pertinent to enhance the economic feasibility of a
   proposed residential development.

4. Assist in the compliance of a proposed residential development with applicable federal, state and local codes and ordinances.

5. Prepare and publish planning and development guidelines for the establishment and delivery of housing assistance programs.

6. Contract with a federal agency to carry out financial work on the federal agency's behalf and accept payment for the work.

7. Subcontract for the financial work prescribed in paragraph 6 of this subsection and make payments for that subcontracted
   work based on the expectation that the federal agency will pay for that work.

8. Accept payment from a federal agency for work prescribed in paragraph 6 of this subsection and deposit those payments in
   the Arizona department of housing program fund established by § 41-3957.

9. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department
   to adequately perform its duties.

10. Contract for and incur obligations reasonably necessary or desirable within the general scope of department activities and
    operations to enable the department to adequately perform its duties.

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§ 41-3953. Department powers and duties, AZ ST § 41-3953

11. Use any media of communication, publication and exhibition in the dissemination of information, advertising and publicity
    in any field of its purposes, objectives or duties.

12. Adopt rules deemed necessary or desirable to govern its procedures and business.

13. Contract with other agencies in furtherance of any department program.

14. Use monies, facilities or services to provide contributions under federal or other programs that further the objectives and
    programs of the department.

15. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises
    for the conduct of programs that are consistent with the general purposes and objectives of this article and deposit these monies in the Arizona department of housing program fund established by § 41-3957.

16. Establish and collect fees and receive reimbursement of costs in connection with any programs or duties performed by the
    department and deposit the fees and cost reimbursements in the Arizona department of housing program fund established by
    § 41-3957.

17. Provide staff support to the board of manufactured housing.

D. For the purposes of this section, the department is exempt from chapter 23 of this title.

E. The department is the designated state public housing agency as defined in the United States housing act of 1937 (42 United States Code §§ 1401 through 1440) for the purpose of accepting federal housing assistance monies and may participate in the housing assistance payments program. Federal monies may be secured for all areas of this state subject only to the limitations prescribed in subsection F of this section.

F. For areas of this state where an existing public housing authority has not been established pursuant to § 36-1404, subsection A, the department acting as a public housing agency may undertake all activities under the section 8 tenant-based rental housing assistance payment program, except that the department shall not undertake a section 8 tenant-based rental housing assistance payment program within the boundaries of a city, town or county unless authorized by resolution of the governing body of the city, town or county. If the department accepts monies for a section 8 tenant-based rental housing assistance payment program for areas of this state where an existing public housing authority has been established pursuant to § 36-1404, subsection A, the department shall only accept and secure federal monies to provide housing for the seriously mentally ill or other populations with disabilities. The department may accept and secure federal monies for undertaking all contract administrator activities authorized under a section 8 project-based rental housing assistance payment program in all areas of this state and this participation does not require the authorization of any local governing body.

G. The department shall not itself directly own, construct, operate or rehabilitate any housing units, except as may be necessary to protect the department's collateral or security interest arising out of any department programs.

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§ 41-3953. Department powers and duties, AZ ST § 41-3953

H. Notwithstanding any other provision of this section, the department may obligate monies as loans or grants applicable to programs and activities of the department for the purpose of providing housing opportunities for low or moderate income households or for housing affordability or to prevent or combat decaying housing stock. Unless otherwise required by federal or state law, any loan repayments shall be deposited in the Arizona department of housing program fund established by § 41-3957.

I. For any construction project financed by the department pursuant to subsection C of this section, except for contract administration activities in connection with the project-based section 8 program, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.

J. The department has the administrative responsibility through its hearing officer function concerning alleged violations of the Arizona mobile home parks residential landlord and tenant act under title 33, chapter 11.1

K. The department shall act consistently with the minimum standards of the United States department of housing and urban development so as to be designated the “state inspector” for manufactured homes and related industries. The department shall implement all existing laws and regulations established by the federal government, its agencies and this state for that purpose.

Credits
Added by Laws 2001, Ch. 22, § 14, eff. Oct. 1, 2002. Amended by Laws 2002, Ch. 283, § 8, eff. Oct. 1, 2002; Laws 2014, Ch. 215, § 197; Laws 2014, Ch. 229, § 38; Laws 2016, Ch. 372, § 48, eff. Jan. 1, 2017; Laws 2017, Ch. 335, § 4.

Footnotes
1 Section 33-1401 et seq.

A. R. S. § 41-3953, AZ ST § 41-3953
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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4

§ 41-4001. Definitions, AZ ST § 41-4001

Arizona Revised Statutes Annotated
Title 41. State Government (Refs & Annos) Chapter 37. Housing (Refs & Annos)
Article 3. Office of Manufactured Housing (Refs & Annos)

A.R.S. § 41-4001
Formerly cited as A.R.S. § 41-2142

§ 41-4001. Definitions

Currentness

In this chapter, unless the context otherwise requires:

1. “Accessory structure” means the installation, assembly, connection or construction of any one-story habitable room, storage
   room, patio, porch, garage, carport, awning, skirting, retaining wall, evaporative cooler, refrigeration air conditioning system, solar system or wood decking attached to a new or used manufactured home, mobile home or factory-built building.

2. “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.L. 93-383, as amended by P.L. 95-128, 95-557, 96-153 and 96-339).

3. “Alteration”:

(a) Means the replacement, addition, modification or removal of any equipment or installation after the sale by a manufacturer to a dealer or distributor but before the sale by a dealer to a purchaser, which may affect compliance with the standards, construction, fire safety, occupancy, plumbing or heat-producing or electrical system.

(b) Does not include:

(i) The repair or replacement of a component or appliance requiring plug-in to an electrical receptacle if the replaced item is of the same configuration and rating as the component or appliance being repaired or replaced.

(ii) The addition of an appliance requiring plug-in to an electrical receptacle if the appliance is not provided with the unit by the manufacturer and the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected.

4. “Board” means the board of manufactured housing.

5. “Broker” means any person who acts as an agent for the sale or exchange of a used manufactured home or mobile home
   except as exempted in § 41-4028.

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§ 41-4001. Definitions, AZ ST § 41-4001

6. “Certificate” means a numbered or serialized label or seal that is issued by the director as certification of compliance with
   this chapter.

7. “Closed construction” means any building, building component, assembly or system manufactured in such a manner that
   concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction.

8. “Commercial” means a building with a use-occupancy classification other than single-family dwelling.

9. “Component” means any part, material or appliance that is built-in as an integral part of the unit during the manufacturing
   process.

10. “Consumer” means either a purchaser or seller of a unit regulated by this chapter who uses the services of a person licensed
    by the department.

11. “Consummation of sale” means that a purchaser has received all goods and services that the dealer or broker agreed to
    provide at the time the contract was entered into, the transfer of title or the filing of an affidavit of affixture, if applicable, to the sale. Consummation of sale does not include warranties.

12. “Dealer” means any person who sells, exchanges, buys, offers or attempts to negotiate or who acts as an agent for the sale
    or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in § 41-4028. A lease or rental agreement by which the user acquired ownership of the unit with or without additional remuneration is considered a sale under this chapter.

13. “Defect” means any defect in the performance, construction, components or material of a unit that renders the unit or any
    part of the unit unfit for the ordinary use for which it was intended.

14. “Department” means the Arizona department of housing.

15. “Director” means the director of the department.

16. “Earnest monies” means all monies given by a purchaser or a financial institution to a dealer or broker before consummation
    of the sale.

17. “Factory-built building”:

(a) Means a residential or commercial building that is:

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§ 41-4001. Definitions, AZ ST § 41-4001

(i) Either wholly or in substantial part manufactured at an off-site location and transported for installation or completion, or both, on-site.

(ii) Constructed in compliance with adopted codes, standards and procedures.

(iii) Installed temporarily or permanently.

(b) Does not include a manufactured home, recreational vehicle, panelized commercial building using open construction, panelized residential building using open or closed construction or domestic or light commercial storage building.

18. “HUD” means the United States department of housing and urban development.

19. “Imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury.

20. “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.

(b) Placing new or used mobile homes, manufactured homes, accessory structures or factory-built buildings on foundation systems or repairing these foundation systems.

(c) Providing ground anchoring for new or used mobile homes or manufactured homes or repairing the ground anchoring.

21. “Installer” means any person who engages in the business of performing installations of manufactured homes, mobile homes
    or factory-built buildings.

22. “Installer of accessory structures” means any person who engages in the business of installing accessory structures.

23. “Listing agreement” means a document that contains the name and address of the seller, the year, manufacturer and serial
    number of the listed unit, the beginning and ending dates of the time period that the agreement is in force, the name of the lender and lien amount, if applicable, the price the seller is requesting for the unit, the commission to be paid to the licensee and the signatures of the sellers and the licensee who obtains the listing.

24. “Local enforcement agency” means a zoning or building department of a city, town or county or its agents.

25. “Manufactured home” means a structure built in accordance with the act.

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§ 41-4001. Definitions, AZ ST § 41-4001

26. “Manufacturer” means any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by
    this chapter.

27. “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. Mobile home does not include recreational vehicles and factory-built buildings.

28. “Office” means the office of manufactured housing within the department.

29. “Open construction” means any building, building component, assembly or system manufactured in such a manner that all
    portions can be readily inspected at the building site without disassembly, damage or destruction.

30. “Purchaser” means a person purchasing a unit in good faith from a licensed dealer or broker for purposes other than resale.

31. “Qualifying party” means a person who is an owner, employee, corporate officer or partner of the licensed business and
    who has active and direct supervision of and responsibility for all operations of that licensed business.

32. “Reconstruction” means construction work performed for the purpose of restoration or modification of a unit by changing
    or adding structural components or electrical, plumbing or heat or air producing systems.

33. “Recreational vehicle” means a vehicular type unit that is:

(a) A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold for camping.

(b) A motor home designed to provide temporary living quarters for recreational, camping or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

(c) A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three hundred twenty square feet and not more than four hundred square feet when it is set up, except that it does not include fifth wheel trailers.

(d) A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and has a trailer area of less than three hundred twenty square feet. This subdivision includes fifth wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers in a 119.5 of the American national standards institute code.

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§ 41-4001. Definitions, AZ ST § 41-4001

(e) A portable truck camper constructed to provide temporary living quarters for recreational, travel or camping use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck.

34. “Residential” means a building with a use-occupancy classification of a single-family dwelling or as governed by the
    international residential code.

35. “Salesperson” means any person who, for a salary, commission or compensation of any kind, is employed by or acts on
    behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory- built building.

36. “Seller” means a natural person who enters into a listing agreement with a licensed dealer or broker for the purpose of resale.

37. “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.

38. “Statutory agent” means a person who is on file with the corporation commission as the statutory agent.

39. “Title transfer” means a true copy of the application for title transfer that is stamped or validated by the appropriate
    government agency.

40. “Unit” means a manufactured home, mobile home, factory-built building or accessory structures.

41. “Used unit” means any unit that is regulated by this chapter and that has been sold, bargained, exchanged or given away
    from a purchaser who first acquired the unit that was titled in the name of that purchaser.

42. “Workmanship” means a minimum standard of construction or installation reflecting a journeyman quality of the work of
    the various trades.

Credits
Added as § 32-1171.01 by Laws 1977, Ch. 126, § 2. Renumbered as § 32-1172. Amended by Laws 1978, Ch. 132, § 2; Laws 1979, Ch. 85, § 1; Laws 1980, Ch. 135, § 2, eff. July 1, 1980; Laws 1981, Ch. 298, § 3; Laws 1984, Ch. 224, § 2; Laws 1985, Ch. 284, § 2, eff. May 2, 1985; Laws 1986, Ch. 355, § 1. Renumbered as § 41-2142 and amended by Laws 1986, Ch. 330, §

11. Amended by Laws 1987, Ch. 126, § 1; Laws 1989, Ch. 164, § 3; Laws 1989, Ch. 303, § 5, eff. June 28, 1989; Laws 1990,
    Ch. 363, § 19; Laws 1994, Ch. 204, § 1; Laws 1996, Ch. 367, § 1; Laws 2003, Ch. 263, § 50; Laws 2005, Ch. 245, § 11; Laws 2006, Ch. 169, § 1. Renumbered as § 41-4001 and amended by Laws 2016, Ch. 128, §§ 89, 91, eff. Aug. 6, 2016, retroactively effective to July 1, 2016. Amended by Laws 2017, Ch. 335, § 5; Laws 2019, Ch. 272, § 4; Laws 2022, Ch. 55, § 4.

Notes of Decisions (6)

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§ 41-4001. Definitions, AZ ST § 41-4001

A. R. S. § 41-4001, AZ ST § 41-4001
Current through legislation of the Second Regular Session of the Fifty-Sixth Legislature (2024), and includes Election Results from the November 5, 2024 General Election.

End of Document
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§ 41-4002. Office of manufactured housing; purpose, AZ ST § 41-4002

Arizona Revised Statutes Annotated
Title 41. State Government (Refs & Annos) Chapter 37. Housing (Refs & Annos)
Article 3. Office of Manufactured Housing (Refs & Annos)

A.R.S. § 41-4002
Formerly cited as A.R.S. § 41-2151

§ 41-4002. Office of manufactured housing; purpose

Effective: August 9, 2017
Currentness

The purpose of the office of manufactured housing within the department is to maintain and enforce standards of quality and safety for manufactured homes, factory-built buildings, mobile homes and accessory structures and installation of manufactured and mobile homes, factory-built buildings and accessory structures. The affairs of the office of manufactured housing shall be conducted consistently with minimum standards of the United States department of housing and urban development so as to be designated the “state inspector” for manufactured homes and related industries. The office shall implement all existing laws and regulations mandated by the federal government, its agencies and this state for such purposes.

Credits
Added as § 32-1171 by Laws 1977, Ch. 126, § 2. Amended by Laws 1978, Ch. 132, § 1; Laws 1981, Ch. 298, § 2; Laws 1984, Ch. 224, § 1; Laws 1985, Ch. 284, § 1, eff. May 2, 1985. Renumbered as § 41-2151 and amended by Laws 1986, Ch. 330, §

18. Amended by Laws 1989, Ch. 164, § 7; Laws 2003, Ch. 263, § 52. Renumbered as § 41-4001 by Laws 2016, Ch. 128, § 89,
    eff. Aug. 6, 2016, retroactively effective to July 1, 2016. Amended by Laws 2017, Ch. 335, § 6.

A. R. S. § 41-4002, AZ ST § 41-4002
Current through legislation of the First Regular Session of the Fifty-Sixth Legislature (2023).

End of Document
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§ 41-4004. Powers and duties of department; work by unlicensed..., AZ ST § 41-4004

Arizona Revised Statutes Annotated
Title 41. State Government (Refs & Annos) Chapter 37. Housing (Refs & Annos)
Article 3. Office of Manufactured Housing (Refs & Annos)

A.R.S. § 41-4004
Formerly cited as A.R.S. § 41-2153

§ 41-4004. Powers and duties of department; work by unlicensed person; inspection agreement; permit

Effective: August 9, 2017
Currentness

A. The department shall:

1. Establish a state inspection and design approval bureau within the department.

2. Enter into reciprocity agreements and compacts with other states or private organizations that adopt and maintain standards
   of construction reasonably consistent with those adopted pursuant to this article on determining that such standards are being enforced. The director may void such agreements on determining such standards are not being maintained.

3. Issue a certificate to indicate compliance with the construction and installation requirements of this article.

4. Enter and inspect or investigate premises at reasonable times, after presentation of credentials by the director or personnel of
   the office or under contract with the office, where units regulated by this article are manufactured, sold or installed, to determine if any person has violated this chapter or the rules adopted pursuant to this chapter.

5. Enter into agreements with local enforcement agencies to enforce the installation standards in their jurisdiction provided the
   director is monitoring their performance to be consistent with the installation standards of the office.

6. If an inspection reveals that a mobile home entering this state for sale or installation is in violation of this chapter, order its
   use discontinued and the mobile home or any portion of the mobile home vacated. The order to vacate shall be served on the person occupying the mobile home and copies of the order shall be posted at or on each exit of the mobile home. The order to vacate shall include a reasonable period of time in which the violation can be corrected.

7. If an inspection of a new installation of any mobile home or manufactured home reveals that the natural gas or electrical
   connections of the installation do not conform to the installation standards promulgated pursuant to this chapter and the nonconformance constitutes an immediate danger to life and property, the inhabitants of the home shall be notified immediately and in their absence a notice citing the violations shall be posted in a conspicuous location. The director may order that the public service corporation, municipal corporation or other entity or individual supplying the service to the unit discontinue

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§ 41-4004. Powers and duties of department; work by unlicensed..., AZ ST § 41-4004

such service. If the danger is not immediate, the director shall allow at least twenty-four hours to correct the condition before ordering any discontinuation of service.

8. If construction, installation, rebuilding or any other work is performed in violation of this chapter or any rule adopted pursuant
   to this chapter, order the work stopped. The order to stop work shall be served on the person doing the work or on the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the office to continue.

9. Verify written complaints filed with the office by purchasers within one year after the date of purchase or installation of units.
   Complaints shall be accepted from consumers that allege violations by any dealer, broker, salesperson, installer or manufacturer of this chapter or the rules adopted pursuant to this chapter.

10. On verification of a complaint pursuant to paragraph 9 of this subsection, serve notice to the dealer, broker, salesperson,
    installer or manufacturer that such verified complaint shall be satisfied as specified by the office.

11. Provide to the board every six months the year-to-date fund balance of and a listing of the year-to-date revenues and
    expenditures from the mobile home relocation fund established by § 33-1476.02. The information shall be updated and posted on the department's website.

B. Any dealer, broker, salesperson, installer or manufacturer licensed by the office shall respond within thirty days to a notice served pursuant to subsection A, paragraph 10 of this section. Failure to respond is grounds for disciplinary action pursuant to § 41-4039.

C. If an inspection or an investigation reveals that any work that is required to be performed by a licensee was performed by an unlicensed person required to be licensed pursuant to this chapter, the director, an employee or a person under contract with the office may cite the unlicensed person. The citation may be issued and served pursuant to § 13-3903. The action shall be filed in the justice court in the precinct where the unlicensed activity occurred.

D. The director may enter into agreements with acceptable qualified building inspection personnel or inspection organizations for enforcement of inspection requirements provided the director is monitoring their performance to be consistent with this chapter, rules adopted pursuant to this chapter and the established procedures of the office. If the director determines that the person's or organization's performance is not consistent with this chapter, rules adopted pursuant to this chapter and the established procedures of the office, the person or organization may not enforce the contract and the aggrieved person shall be entitled to a refund of the consideration paid under the agreement.

E. If a mobile or manufactured home or factory-built building is installed without first obtaining an installation permit, the director shall send a written notice to the purchaser specifying that a permit is required. If a permit is not obtained within thirty days after receipt of the written notice, the department shall issue and serve by personal service or certified mail a citation on the purchaser. Service of the citation by certified mail is complete after forty-eight hours after the time of deposit in the mail. On failure of the purchaser to comply with the citation within twenty days after its receipt, the director shall file an action in the justice court in the precinct where installation occurred for violation of this subsection.

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§ 41-4004. Powers and duties of department; work by unlicensed..., AZ ST § 41-4004

Credits
Added as § 32-1171.06 by Laws 1977, Ch. 126, § 2. Renumbered as § 32-1177. Amended by Laws 1978, Ch. 132, § 5; Laws 1980, Ch. 135, § 3, eff. July 1, 1980; Laws 1981, Ch. 298, § 8; Laws 1982, Ch. 32, § 3, eff. April 5, 1982; Laws 1984, Ch. 224, §

3. Renumbered as § 41-2153 and amended by Laws 1986, Ch. 330, § 20. Amended by Laws 1987, Ch. 126, § 4; Laws 1989, Ch.
   164, § 8; Laws 1990, Ch. 18, § 1; Laws 2006, Ch. 169, § 5. Renumbered as § 41-4004 and amended by Laws 2016, Ch. 128, §§ 89, 92, eff. Aug. 6, 2016, retroactively effective to July 1, 2016. Amended by Laws 2017, Ch. 91, § 7; Laws 2017, Ch. 335, § 7.

Notes of Decisions (1)

A. R. S. § 41-4004, AZ ST § 41-4004
Current through legislation of the First Regular Session of the Fifty-Sixth Legislature (2023).

End of Document
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Mr. Richard E. Wolfe, 1984 Ariz. Op. Atty. Gen. 78 (1984)

1984 Ariz. Op. Atty. Gen. 78 (Ariz.A.G.), Ariz. Op. Atty. Gen. No. I84-086, 1984 WL 61298

Office of the Attorney General

State of Arizona
I84-086 (R84-088)
June 20, 1984

*1 Mr. Richard E. Wolfe
Director, Office of Manufactured Housing
1645 West Jefferson
Phoenix, Arizona 85007

Dear Mr. Wolfe:
This letter is in response to your inquiry about a potential conflict between the provisions of A.R.S. § 34-461 recently enacted by Ch. 329, § 1, 1984 Ariz.Sess.Laws (2nd Reg.Sess.) and A.R.S. § 32-1187.A. A.R.S. § 34-461, once effective, will require public buildings to be constructed according to local building codes and will subject such buildings to local building inspections during construction.1 However, many of these public buildings are manufactured homes or factory-built buildings which are regulated by the Arizona Office of Manufactured Housing. A.R.S. § 32-1171.A et seq. These structures are constructed off-site and then moved to or assembled on the site where they are to be used. For the reasons set forth below, we conclude that the provisions of A.R.S. § 34-461 are limited to on-site construction of public buildings.

In an effort to ensure the public safety, the legislature gave exclusive authority to the Office of Manufactured Housing to regulate construction of such units because these structures are often manufactured outside the limits jurisdiction of the local building authorities or outside of the State of Arizona.

A.R.S. § 32-1188 provides:
A. No person required to be licensed pursuant to this article may sell or offer to sell, in this state, any manufactured home, recreational vehicle, factory built building or subassembly after the effective date of this article, unless the proper state insignia or HUD label is affixed to such unit.

B. No person required to be licensed pursuant to this article may manufacture for delivery, sell or offer to sell in this state any manufactured home, recreational vehicle, factory built building or subassembly unless the unit and its components, systems and appliances have been constructed and assembled in accordance with the standards, rules and regulations adopted pursuant to this article.

*2 A.R.S. § 32-1187. A preempts local building authorities from enforcing any other building standards: A. No local enforcement agency may require, as a condition of entry into or sale in any county or municipality, that any unit which has been certified pursuant to this article be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit which is inspected pursuant to this article.

The application of A.R.S. § 34-461 to public buildings constructed off-site would impliedly repeal the safeguards for the regulation of manufactured housing as it pertains to public buildings. The Office of Manufactured Housing would be divested of authority to regulate the construction of public buildings and the local jurisdictions would be responsible for establishing construction standards and performing inspections during construction.

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Mr. Richard E. Wolfe, 1984 Ariz. Op. Atty. Gen. 78 (1984)

In analyzing statutes which appear in conflict, the Arizona courts have established a series of statutory rules of construction which govern our interpretation. Statutes are to be construed together when possible, and implied repeals are not favored. Industrial Commission v. Hartford Accident & Indemnity Co., 61 Ariz. 86, 144 P.2d 548 (1944). Courts have a duty to harmonize statutes and will not construe a statute as repealed by implication if it can avoid doing so. State ex. rel. Purcell v. Superior Court in and for Maricopa County, 107 Ariz. 224, 485 P.2d 549 (1971). State v. Rice, 110 Ariz. 210, 516 P.2d 1222 (1973). Where a later statute does not expressly repeal a former one, the two statutes should be construed so as to give effect to each, if possible. State v. Cassius, 110 Ariz. 485, 520 P.2d 1109 (1974), cert. dismissed, 420 U.S. 514 (1974). A statute, in absence of any express repeal or amendment therein, is held to have been enacted in accord with legislative policy embodied in prior statutes relating to the same subject matter and all such statutes should be construed together. Frazer v. Terrill, 65 Ariz. 131, 175 P.2d 438 (1947). The application of these rules of statutory construction to A.R.S. § 34-461 and A.R.S. § 32-1187.A dictate that they be harmonized by limiting A.R.S. § 34-461 to on-site construction and continuing the Office of Manufactured Housing's exclusive authority to regulate off-site construction pursuant to A.R.S. § 32-1187.A.

Our interpretation of A.R.S. § 34-461 and A.R.S. § 32-1187.A above is further bolstered by an examination of the absurd results should we reach a contrary conclusion. If the literal interpretation of the language of a statute leads to results which produce an absurdity, the court must construe the act, if possible, so that it is a reasonable and workable law. City of Phoenix v. Superior Court In and For Maricopa County, 101 Ariz. 265, 419 P.2d 49 (1966). Practical construction of a statute is preferred to construction which is absurd, and practical construction is required if technical construction would lead to mischief and absurdity. State v. LeMaltz, 121 Ariz. 333, 590 P.2d 449 (1979).

*3 A.R.S. § 34-461 requires public buildings to be designed and constructed in accordance with the state fire code and local building codes adopted by the jurisdiction in which the building is located. Manufactured homes and factory-built buildings are constructed off-site at a location different from that where the structure will be used. If applied to buildings manufactured off-site, A.R.S. § 34-461 would require local building officials to travel out of their jurisdictions to conduct inspections. This function is already being performed by the staff of the Office of Manufactured Housing through a series of reciprocal agreements with other states. Duplication of time and expense in this manner would be wasteful. Such an interpretation would raise additional questions about which particular local building codes apply, those adopted by the jurisdiction where the building is located during construction or by the jurisdiction where the building is located for use.

Accordingly, we conclude that A.R.S. § 34-461 and the provisions of A.R.S. § 32-1187 must be harmonized to apply A.R.S. § 34-461 to on-site construction of public buildings and to continue the regulatory control of off-site construction of manufactured homes and factory-built buildings used as public buildings with the Office of Manufactured Housing pursuant to the provisions of A.R.S. § 32-1171 et seq. Sincerely,

BOB CORBIN
Attorney General

Footnotes
1 A.R.S. § 34-461 as recently enacted specifically provides:

A. Public buildings shall be designed or constructed according to the state fire code adopted by the state fire marshal and applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city or town in which the building is located or, if in an unincorporated area, by the county in which the building is located in the same manner as any other building. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to such codes to determine compliance.

B. If a public building is built in an area not subject to local codes, the building shall be designed or constructed according to the state fire code adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city in the county in which the building is located.

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Mr. Richard E. Wolfe, 1984 Ariz. Op. Atty. Gen. 78 (1984)

---

D. Subsections A and B do not apply to state buildings.

E. In this section “public building” means a building or appurtenance to a building which is built in whole or in part with public monies.

1984 Ariz. Op. Atty. Gen. 78 (Ariz.A.G.), Ariz. Op. Atty. Gen. No. I84-086, 1984 WL 61298

End of Document
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Mr. Spencer A. Smith, 1986 Ariz. Op. Atty. Gen. 31 (1986)

1986 Ariz. Op. Atty. Gen. 31 (Ariz.A.G.), Ariz. Op. Atty. Gen. No. I86-033, 1986 WL 81336

Office of the Attorney General

State of Arizona
I86-033 (R86-002)
April 1, 1986

*1 Mr. Spencer A. Smith
DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C.
Attorneys at Law
240 North Stone Avenue
Tucson, Arizona 85701

Dear Mr. Smith:
Pursuant to A.R.S. § 15-253(B), this office concurs with the opinions expressed in your letter of January 17, 1986 to the Director of Legal Research Services for Tucson Unified School District No. 1, in which your office concluded that A.R.S. § 34-461, requiring subdivisions of the state to comply with local building codes, does not apply to the relocation of existing factory- built, portable classrooms. We also concur with the opinion that such portable classrooms are, however, subject to inspection by the state fire marshal and to regulation by the Office of Manufactured Housing.1 See A.R.S. § 26-334 and § 26-335 and Ariz.Atty.Gen.Op. I79-284; A.R.S. § 32-1171 et seq.

We also take this opportunity to point out that A.R.S. § 34-461 was amended in 1984 to provide that local building codes apply to the construction of public buildings, which includes new construction of school district buildings. Any statements to the contrary in our opinions predating this amendment, Ariz.Atty.Gen.Ops. 83-052, 73-12-C, 65-8-C, 64-34-C, are now disapproved. Sincerely,

BOB CORBIN
Attorney General

ATTACHMENT
January 17, 1986
Mr. Felizardo Valencia, Director

Legal and Research Services

Tucson Unified School District No. 1

P.O. Box 40400

Tucson, Arizona 85717-0400

Dear Mr. Valencia:
You have requested that this office render an opinion as to the applicability of the local building codes of the City of Tucson and Pima County under § 34-461 of the Arizona Revised Statutes, which was enacted by the Legislature during the 1984 session and became effective August 3, 1984, to the relocation of portable classrooms within the District. After review of the statute along with related statutes and ordinances, we have concluded that § 34-461 applies only to the construction of public buildings and not to the placement or relocation of portable classrooms or utilities appurtenant thereto. Thus, it is our opinion that no permits are required for locating or moving a portable classroom.

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Mr. Spencer A. Smith, 1986 Ariz. Op. Atty. Gen. 31 (1986)

Prior to August 3, 1984, public school districts of the State of Arizona were not subject to the building codes of local jurisdictions since “a State agency delegated by law the responsibility of performing a governmental function is not subject to the general police powers of a municipal corporation.” Board of Regents v. City of Tempe, 88 Ariz. 299, 309, 356 P.2d 399 (1960). During the 1984 session, the Legislature passed a bill now codified as § 34-461 of the Arizona Revised Statutes, that became effective August 3, 1984, which provides:
*2 A. Public buildings shall be designed or constructed according to the state fire code adopted by the state fire marshal and applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city or town in which the building is located or, if in an unincorporated area, by the county in which the building is located in the same manner as any other building. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to such codes to determine compliance.

B. If a public building is built in an area not subject to local codes, the building shall be designed or constructed according to the state fire code adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city in the county in which the building is located.

C. Public buildings are subject to those codes that apply and are in effect when the building is designed or constructed and to the currently adopted codes when such buildings are found to be structurally unsafe, without adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life.

D. Subsections A and B do not apply to state buildings.

E. In this section, “public building” means a building or appurtenance to a building which is built in whole or in part with public monies.

The central question concerning the applicability of this statute is whether or not subpart A applies to portable classroom facilities.1 By its terms, the statute only applies to “public buildings” which are defined in subpart E as “a building or appurtenance to a building which is built in whole or in part with public monies.” In our opinion, neither a portable classroom, nor the utilities which are appurtenant thereto fall within the definition of a “building or appurtenance to a building,” and thus are exempt from the application of the building codes. The term “building” is defined as “an edifice constructed for use or convenience as a house, church, shop, etc., attached to and becoming part of the land.” Lewis v. Midway Lumber Company, 114 Ariz. 426, 430, 561 P.2d 750, 754 (1977). Thus, to be a building, a structure must be real property, a fixture that is attached to and a part of the land.

The Attorney General has opined that if the structure can be “moved from one spot to another at less expense than building a new building, it is prima facie portable and relocatable.” Atty.Gen.Op. 72-30 L (1972). This definition was applied to find that a 28′ x 30′ structure erected on a 4″ thick concrete slab was in fact not a “building,” but rather a “portable building,” and therefore could be erected without voter approval. Atty.Gen.Op. I85-19 (1985).

The test of when a chattel becomes a building and part of the real property is the unity of three requisites: (1) annexation to the realty or something pertinent thereto;

*3 (2) the chattel must have adaptability or application to the use for which the real estate is appropriated; and

(3) there must be an intention of the party to make the chattel a permanent accession to the freehold.

Fish v. Valley National Bank, 64 Ariz. 164, 170, 167 P.2d 107, 111 (1946). The portable classrooms in question are not intended to be permanent, as evidenced by the District practice of moving at least some of them each year.

© 2025 Thomson Reuters. No claim to original U.S. Government Works.
2

Mr. Spencer A. Smith, 1986 Ariz. Op. Atty. Gen. 31 (1986)

The portable classrooms under consideration are completely self-contained except for the connection to electric, gas and water utilities in a fashion similar to a mobile home. Similarly, the foundation and tie-down requirements are like those of a mobile home. The utilities and foundations themselves are not part of the real property because they are affixed to and serve a structure which is temporary and thus there is no intention to make the utilities and foundations a permanent accession to the freehold. Sulphur Springs Valley Electric Cooperative, Inc. v. City of Tombstone, 1 Ariz.App. 268, 401 P.2d 753, 758 (1965), aff'd. 99 Ariz. 110, 407 P.2d 76 (1965).

Even if the portable classrooms were “public buildings,” it is still our opinion that local building codes would not apply generally to the relocation of the portables within the District. Subpart B of § 34-461 contemplates only that new construction be covered. It provides that if a building is built in an area not subject to local codes, then codes of the nearest large city and of the State Fire Marshal shall be observed. No mention is made in subpart B of existing structures. Likewise, subpart A contains no specific mention of buildings that are in existence at the time the statute was made effective. Only subpart C deals with existing buildings and states that public buildings are to be subject to those codes that apply and are in effect when the building was designed or constructed, but subject to currently adopted codes only when the buildings are found to be structurally unsafe, to be without adequate egress, to constitute a fire hazard or are otherwise dangerous to human life. Thus, under subpart C of § 34-461, the current codes are limited in their application to existing buildings to those situations specifically found to be unsafe. If subparts A and B affected existing buildings, the effect of subpart C would be to add nothing because the codes applicable under subparts A and B would accomplish the purpose of subpart C. If possible, statutes are interpreted in a manner so as to give meaning to every section. Thus, to give subpart C of § 34-461 meaning, subpart A must apply only to new construction while jurisdiction over remodeling, alteration and repair of existing buildings is limited to the situations described in subpart C.

The interpretation set out above is consistent with the statute authorizing and defining the jurisdiction of the State Fire Marshal, A.R.S. § 26-335, that provides that the Fire Marshal shall review plans for new construction, remodeling, alterations and additions for state, county and public school buildings for compliance with the State Fire Code. This statute demonstrates that the Legislature considered the distinction between new construction, remodeling, alterations and additions. The joint effect of
§ 34-461 and § 26-335 is that the legislature has determined that remodeling, alteration and repair of existing buildings must be reviewed by the Fire Marshal since the Fire Marshal's review affects public safety. Similarly, only where the existing buildings are found to be unsafe need they be made to comply with current building codes, and then only to the extent of correction of the unsafe condition. New buildings, on the other hand, are required to be constructed under the jurisdiction of local building codes, including the permit, fee and inspection requirements thereof.

*4 For the foregoing reasons, the portable classrooms are not “public buildings” within the meaning of A.R.S. § 34-461 and therefore the building codes do not apply to their relocation. Even if the portables are “public buildings” the building codes do not apply unless the relocation results in a fire hazard, a structural deficiency that is unsafe, a condition of lack of adequate egress or conditions otherwise unsafe to human life.

In accordance with your request, we are submitting a copy of this opinion to Robert K. Corbin, Attorney General of the State of Arizona, for his review pursuant to A.R.S. § 15-253B. Very truly yours, Spencer A. Smith

Footnotes
1 A.R.S. § 32-1172.A.11 defines “factory-built building” as a single-story nonresidential building of less than four thousand five hundred square feet floor space....” We do not herein express an opinion as to portable classrooms which fall outside this definition.

© 2025 Thomson Reuters. No claim to original U.S. Government Works.
3

Mr. Spencer A. Smith, 1986 Ariz. Op. Atty. Gen. 31 (1986)

1 The offsite manufacture of the portable classroom buildings are regulated by the provisions of A.R.S. § 32-1171 et seq. The Attorney General has opined that § 34-461 does not apply to the manufacture of “factory built buildings” Att.Gen.Op. 84-086 (June 20, 1984), but does not address the extent of jurisdiction given by § 34-461 over appurtenances to or placement of such buildings.

1986 Ariz. Op. Atty. Gen. 31 (Ariz.A.G.), Ariz. Op. Atty. Gen. No. I86-033, 1986 WL 81336

End of Document
© 2025 Thomson Reuters. No claim to original U.S. Government Works.

© 2025 Thomson Reuters. No claim to original U.S. Government Works.
4

Attachment D

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name
Juan Antonio
12321 Cutten Rd, Houston,
9287 Manufacturer 2/24/2025 Mirror Houses USA Inc Valid
Gonzalez
Texas, 77066, USA
19523 South Susana Road,
Bill Franklyn
9286 Manufacturer Compton, California, 90221, 2/24/2025 International Port Corp. Valid
Hinchliff
USA
820 Industrial Loop,
Robert Wayne
Breckenridge Homes,
9281 Manufacturer Breckenridge, Texas, 76424, 1/30/2025 Valid
Clay
LLC
USA
287 Baldwin Road,
John Marvin
9280 Manufacturer Patterson, California, 95363, 1/22/2025 S2A Modular 2 LLC Valid
Rowland
USA
3836 West Buckeye Road,
Prescott
9279 Rustin J Russo Manufacturer Bldg D, Phoenix, Arizona, 1/15/2025 Valid
Manufacturing, LLC
85009, USA
15905 South 46th Street,
Tracy Marie
9275 Manufacturer Suite 100, Phoenix, Arizona, 1/9/2025 USA Eco-Homes LLC Valid
Marx- Keep
85048, USA
3070 W. Thompson Rd,
Flex Air a
Chad Thomas
Miller Industries
9272 Manufacturer Fenton, Michigan, 48430, 12/19/2024 division of Miller Valid
Miller
Holdings LLC
USA
Industries
1702 W Flintlock Way,
Lagniappe Real Estate
9266 Manufacturer Chandler, Arizona, 85286, 11/4/2024 Valid
Holdings
USA
Intermountain
Shawn G 1511 S Hwy 6, Price, Utah, Intermountain
9263 Manufacturer 10/17/2024 Electronics Inc of Price Valid
Norton 84501, USA Electronics
Utah
Michael
8700 Hirsch Road, Houston,
M & M Coastal
9253 Anthony Manufacturer 9/10/2024 Valid
Texas, 77016, USA
Manufacturing, Inc.
Hopkins
2821 West Chestnut
Lee George Expressway, Ste. D., Creative Modular
9243 Manufacturer 8/21/2024 Valid
Loveall Springfield, Missouri, 65802, Construction LLC
USA
Joel Glendon
1400 7th Ave NE, Sioux
9239 Manufacturer 8/7/2024 Interstates, Inc. Valid
Van Egdom
Center, Iowa, 51250, USA
13602 S. 34th St., Phoenix,
9234 Barry Davis Manufacturer 7/29/2024 JBD Construction LLC Valid
Arizona, 85044, USA

Darren Chad
401 W 47th St S, Wichita,
9226 Manufacturer 6/4/2024 RedGuard, LLC Valid
Hillman
Wichita, Kansas, 67217, USA

CPM
3775 East 43rd Place,
9219 Kim W Bergman Manufacturer 5/14/2024 CPM LABFAB Inc. Laboratories Valid
Tucson, Arizona, 85713, USA
Inc. (FN)
Brian James
9538 670 West, unit a,
9217 Manufacturer 4/24/2024 Steelbiltt LLC Valid
OKeefe
Sandy, Utah, 84070, USA
20101 E. 36th Drive, Unit 1,
John Joseph
9213 Manufacturer Aurora, Colorado, 80011, 4/11/2024 RK Mission Critical LLC Valid
Powers
USA
5845 South Valley View
9211 Frank T Han Manufacturer Boulevard, Las Vegas, 4/11/2024 Kitchen Podular, LLC Valid
Nevada, 89118, USA
3223 S Crismon Rd, Suite
Deborah L
9206 Manufacturer 101, Mesa, Arizona, 85212, 3/11/2024 Connect Homes Inc Valid
CasperStone
USA
Michael Dee 6582 Airport Road, West Stack Modular
9203 Manufacturer 3/7/2024 Valid
Kendall Jordan, Utah, 84084, USA Development LLC
17201 Darwin Ave.,
John Samuel
Madison Industries, a
9190 Manufacturer Hesperia, California, 92345, 1/26/2024 Valid
Frey Jr
California Corporation
USA

Adam Patrick
1132 N 7th Street, San Jose,
9189 Manufacturer 1/22/2024 Cupertino Electric Inc. Valid
Spillane
California, 95112, USA

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name
Sandra Lynn
2616 South 3rd Street, Saint
9183 Manufacturer 1/5/2024 Switzer Industries Inc. Shelter Works Valid
Dickey
Louis, Missouri, 63118, USA
Travis Joseph 624 N 44th Ave, Phoenix, Digital Building
9179 Manufacturer 12/14/2023 Valid
McCoy Arizona, 85043, USA Components LLC
3240 South Dodge
9178 Dan Bish Manufacturer Boulevard, Tucson, Arizona, 12/6/2023 LOMAT Rentals LLC Valid
85713, USA
2625 5th Avenue North, Bldg.
Laura Gavin
9175 Manufacturer C, Bessemer, Alabama, 11/9/2023 Blox LLC Valid
Donald
35020, USA
Mobile Modular
5700 Las Positas Road,
Management
Jeffrey Walter
9174
Manufacturer Livermore, California, 94551, 11/1/2023 McGrath RentCorp Inc. dba Kitchens to Valid
Heitmann
USA
Go by Mobile
Modular
1177 South 4th Avenue,
Michael John
9169 Manufacturer Brighton, Colorado, 80601, 10/26/2023 Watermill Express LLC Valid
Gallagher
USA

     Harry Lynn                      7172 Route 522, Middleburg,               Apex Homes of PA,

9164 Manufacturer 10/12/2023 Valid
Kuhns Pennsylvania, 17842, USA LLC

1947 N Chappel Drive,
Kam Wright
Irontown
9157 Manufacturer Spanish Fork, Utah, 84660, 9/11/2023 KEB Homes LLC Valid
Valgardson
Modular
USA
Linda Marie 8905 Industrial Dr., Haven, National Modular Mfg
9149 Manufacturer 7/28/2023 Valid
Zrubek Kansas, 67543, USA LLC
601 Benton Kelly,
David Lewis
Module X Solutions
9142 Manufacturer Shreveport, Louisiana, 7/3/2023 Valid
Schoonover
LLC
71106, USA
201 Industrial Park Place,
Brandon
Arning Companies Inc.-
9137 Manufacturer Cassville, Missouri, 65625, 6/21/2023 Valid
Treadwell
KEEP
USA
Philip Anthony
4807 Hwy 90, Crosby, Texas,
9128 Manufacturer 5/24/2023 Seaboard Controls LLC Valid
Muro
77532, USA
666 McKinley Avenue,
BCubed Manufacturing
9126 Jeff J Konczak Manufacturer Alpena, Michigan, 49707, 4/27/2023
Valid
LLC
USA
Jonathan
16036 N. 11th Ave., #1046,
9115 Giovanni Manufacturer Phoenix, Arizona, 85023, 3/6/2023 JP Fabrications LLC Valid
Picciao
USA
Oak Creek
Dwayne Michael 4805 East Loop 820 South, Oak Creek Homes,
9114 Manufacturer 3/2/2023 Homes AZ, LLC Valid
Teeter Ft Worth, Texas, 76119, USA LLC
(FN)
2410 W. Broadway Rd.,
Michael Jacob
New World
9113 Manufacturer Phoenix, Arizona, 85041, 2/27/2023 Valid
Stewart
Management LLC
USA
5526 W. Yearling Rd.,
Jeffrey David
Dwell Capital Partners
9091 Manufacturer Phoenix, Arizona, 85085, 12/8/2022 Valid
Wareing
LLC
USA
Michael
1616 Gears Road, Houston,
9083 Sommer Manufacturer 11/1/2022 Volta Texas LLC Valid
Texas, 77067, USA
Hertsenberg
5345 E. North Belt Road,
Paolo N/A
9080 Manufacturer North Las Vegas, Nevada, 10/21/2022 Boxabl, Inc. Valid
Tiramani
89115, USA
2924 W. Fairmount Ave.,
Patrick Aaron
Perfect Fit
9079 Manufacturer Phoenix, Arizona, 85017, 10/19/2022 Meta-Investments LLC Valid
Sidener
Housing
USA
Stephen Chi 7717 Gilbert Rd., Manor, Bristlecone Ventures 2 Falcon
9074 Manufacturer 9/29/2022 Valid
Shang Texas, 78653, USA LLC Structures

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name
1450 Veterans Boulevard,
Raymond Arthur
DPR Construction, A
9070 Manufacturer Redwood City, California, 9/13/2022 Valid
Boff III
General Partnership
94063, USA
Adam
7475 E. Old Vail Rd., Unit
Advent Travel
9065 Burkhalter- Manufacturer H28, Tucson, Arizona, 85747, 8/31/2022 CubeSpace Valid
Technologies LLC
Keep
USA
Design
3960 E. Illinois St, Tucson,
9063 Manufacturer 8/29/2022 Design Modulars Inc. Valid
Modulars Inc.
Arizona, 85714, USA
Brian Lane
2308 S. 11th Ave, Phoenix,
9056 Manufacturer 8/16/2022 Steel & Spark LLC Valid
Stark
Arizona, 85007, USA
4101 Jerome Ave.,
Samuel Jason
Astec, Inc. of
9054 Manufacturer Chattanooga, Tennessee, 8/12/2022 Astec, Inc. Valid
Hooker
Tennessee (FN)
37407, USA
39510 Middleton St.,
Heith Noel
Mandeville Modular
9050 Manufacturer Palmdale, California, 93551, 8/1/2022 Valid
Bibby
Inc.
USA
Joshua Thomas 1106 N Temple Dr, Diboll, Atco Structures &
9039 Manufacturer 6/10/2022 Valid
Nabb Texas, 75941, USA Logistics (USA) Inc
1730 W. Roosevelt Street,
Michael Phillip
9035 Manufacturer Phoenix, Arizona, 85007, 5/26/2022 Carbon Vudu LLC Valid
Pearce
USA
13338 Midvale Road, Bldg. 1,
9029 Abraham Taub Manufacturer Waynesboro, Pennsylvania, 5/3/2022 Guardian Booth LLC Valid
17268, USA
Mark Joseph
203 Oak Street, Monona,
9025 Manufacturer 4/11/2022 Art's-Way Scientific Inc. Valid
Tschirgi
Iowa, 52159, USA

     Clayton L                        14935 Jacintoport Blvd,                    Hunter Buildings &

9017 Manufacturer 3/11/2022 Valid
Efferson Houston, Texas, 77015, USA Manufacturing LP

8350 Eastgate Rd,
Brandon Eric
Xtreme Cubes
9015 Manufacturer Henderson, Nevada, 89015, 3/9/2022 Valid
Main
Corporation
USA
924 South Tweedy Road,
Integrated Modular
8957 Karl R Foust Manufacturer 7/13/2021 Valid
Eloy, Arizona, 85131, USA
Solutions LLC
2700 S. 20th Ave., Phoenix,
United Rentals (North
8980 Jason H Cline Manufacturer 9/23/2021 United Rentals Valid
Arizona, 85009, USA
America) Inc.
Oak Creek
Dwayne M 800 N. I-35 East, Lancaster, American Homestar of
9006 Manufacturer 2/2/2022 Homes of Valid
Teeter Texas, 75146, USA Lancaster LLC
Lancaster
1520 Power Blvd.,
Custom Control
8978 Manfred J Laner Manufacturer Cantonment, Florida, 32533, 9/17/2021
Valid
Solutions Inc.
USA
9702 E. Rush St., South El
Magic Metals
8401 David P King Manufacturer Monte, California, 91733, 8/5/2009 B.I.G. Enterprises Valid
Inc. (FN)
USA
Gregory Palmer 1001 W. Main St., Elk Point, Thermo Bond Buildings
8588 Manufacturer 9/2/2014 Valid
Larson South Dakota, 57025, USA LLC
901 N. Hwy 77, Hillsboro,
7495 Gary T Burger Manufacturer 7/28/2000 CXT Incorporated Valid
Texas, 76645, USA
Terry
8550 Mosley Rd., Houston,
Powell Electrical
8709 McKertcher- Manufacturer 6/14/2017 Valid
Texas, 77075, USA
Systems Inc.
Use this
3836 W. Buckeye Rd., Bldg.
Buckeye Manufacturing
8687 Rustin J Russo Manufacturer C, Phoenix, Arizona, 85009, 2/16/2017
Valid
LLC
USA
12441 E. Camino del
8966 Scott Volk Manufacturer Garanon, Tucson, Arizona, 8/11/2021 Vivablox LLC Valid
85747, USA
7157 E. Rancho Vista Dr.,
David Charles
8950 Manufacturer Ste. 109, Scottsdale, Arizona, 5/26/2021 DCH Global Inc. Valid
Hovey Jr.
85251, USA

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name
Clayton J.
1440 S Euclid Ave, Tucson,
8991 Manufacturer 11/24/2021 Idea'l Marketing LLC Valid
Abernathy
Arizona, 85713, USA

     Kenneth O                       43 Ritmore Dr., Ravenswood,                  Valtronics Solutions

8576 Manufacturer 5/20/2014 Valid
Thompson Jr. West Virginia, 26164, USA Inc.

Michael F
302 Beasley St., Blairsville,
8953 Manufacturer 6/9/2021 Panel Built Inc. Valid
Kiernan
Georgia, 30512, USA
Cornell
13925 Benson Ave., Chino,
8908 Manufacturer 11/30/2020 Amco Structures Inc. Valid
Gillenwater II
California, 91710, USA
5439 S. 43rd Ave., Phoenix,
8111 Joe B Hart Manufacturer 6/30/2005 Modular Solutions Ltd. Valid
Arizona, 85041, USA
832 E. Walnut St., Garland,
Amtex Acquisition
8902 Noel G Lindsey Manufacturer 10/29/2020 Valid
Texas, 75040, USA
Corp.
John M Putman
1707 Colt Circle, Marble
8677 Manufacturer 12/1/2016 Restroom Facilities Ltd. Valid
Jr. Falls, Texas, 78654, USA
Zachary D 1711 Slipstream Way, Johnson Thermal
8890 Manufacturer 9/22/2020 Valid
Erlebach Caldwell, Idaho, 83605, USA Systems Inc.
11280 W. Adonis Rd.,
Sarah Lynn
Eastern Style Builders ESB Design +
6082 Manufacturer Marana, Arizona, 85658, 4/2/1991 Valid
Morey Inc. Build
USA

Legacy Housing
4801 Mark IV Parkway, Fort Legacy Housing Corporation Tex
8845 Jeffrey V Burt Manufacturer 2/4/2020 Valid
Worth, Texas, 76106, USA Corporation Corporation
(FN)

6900 Elm St., Commerce
8866 Manufacturer 6/2/2020 Joaquin Mfg. Corp. Valid
City, Colorado, 80022, USA
14219 Smokey Point Blvd.,
8839 Robin A Duer Manufacturer Marysville, Washington, 1/22/2020 Whitley Evergreen Inc. Valid
98271, USA
3201 E. Industrial Dr., Iron
Northern Star
8511 Jack T Piper Manufacturer Mountain, Michigan, 49801, 4/17/2012 Systems Control Valid
Industries Inc.
USA
Global Power
Anthony W
2300 S. 51st St., Milwaukee,
8832 Manufacturer 11/13/2019 BHP Inc. Components
McIntosh
Wisconsin, 53219, USA
Inc. (FN)
195 E. Morgan St., Perris,
Williams Scotsman Inc.-
8850 Joel Raygoza Manufacturer 2/6/2020 Valid
California, 92571, USA
8850
8701 Harmon Rd., Ft. Worth,
Southern Energy
8820 James P Green Manufacturer 8/13/2019 SE of Texas Valid
Texas, 76177, USA
Homes Inc.
6901 W. Bowman Roberts
Palm Harbor Homes
Eric M
8817 Manufacturer Rd., Fort Worth, Texas, 7/12/2019 Inc., A Corporation of Valid
Fletemeyer
76179, USA
Delaware (FN)

6893 N. DeChelly Loop,
Space Development
8810 Michael V Effing Manufacturer 5/22/2019 Valid
Tucson, Arizona, 85741, USA
Inc.

1919 W. Polymer Dr.,
Cynthia L
AIS Enclosure Systems
8782 Manufacturer Chattanooga, Tennessee, 9/20/2018 Valid
Glasgow

• Chattanooga LLC
  37421, USA
  3454 E. Illini St., Phoenix,
  8665 Mark J. Pike Manufacturer 9/19/2016 Linked Equipment LLC Valid
  Arizona, 85040, USA
  2929 N. Power Road, Suite
  8755 Jeffrey J Glover Manufacturer 101, Mesa, Arizona, 85215, 4/30/2018 GDC Enterprise LLC Valid
  USA
  2587 Business Pkwy.,
  Charles E
  The Public Restroom
  8741 Manufacturer Minden, Nevada, 89423, 2/6/2018 Valid
  Nunez
  Company
  USA
  3100 W. 7th St., Ste. 500,
  Kenneth E
  Powergrid Solutions
  8743 Manufacturer Fort Worth, Texas, 76107, 2/26/2018 Valid
  Lavelle
  LLC
  USA

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name
27157 470th Ave., Tea,
Harvard Integrations
8702 Adam R Aasen Manufacturer 4/12/2017 Valid
South Dakota, 57064, USA
LP
422 N. Burr Oak Ave.,
8725 Aaron J Ingham Manufacturer Oregon, Wisconsin, 53575, 10/26/2017 Trachte LLC Valid
USA
Henry Audrell 16461 FM 170, Presidio, Elliott Manufactured
8714 Manufacturer 8/17/2017 Valid
Cowan Texas, 79845, USA Homes Inc.
1806 River St., Hwy. 268
US Chemical Storage
8657 Jerry J Blevins Manufacturer West, Wilkesboro, North 7/8/2016 Valid
LLC
Carolina, 28697, USA
4938 S. Pinal Drive, Apache
American
All Star Storage
8668 Daniel R Bleak Manufacturer Junction, Arizona, 85120, 9/29/2016 Manufacturing &
Valid
Containers
USA
Building Corporation
Christopher S 520 Sparta Rd., Belton, CMH Manufacturing
8656 Manufacturer 7/7/2016 TRU Belton 1 Valid
Southerland Texas, 76513, USA Inc.

Fredrick W
5040 NW U.S. Hwy. 24,
8648 Manufacturer 5/24/2016 PTMW Inc. Valid
Gantz
Topeka, Kansas, 66618, USA

4201 North Beach Street, Ft
8645 Kirk E Mellits Manufacturer 5/10/2016 KPS Global LLC Valid
Worth, Texas, 76137, USA
13901 Sutton Park Dr. S,
Building A, Suite 100,
Ice House America
8643 Troy P Doom Manufacturer 4/18/2016 Valid
Jacksonville Beach, Florida,
LLC
32224, USA
505 N. I-35 E, DeSoto,
Palomar Modular
8604 Curt M Dunker Manufacturer 4/6/2015 Valid
Texas, 75115, USA
Buildings LLC
Johnny D 131 Ava Drive, Hewitt, Texas, Sturdisteel
8584 Manufacturer 8/7/2014 Schultz Industries Inc. Valid
Bledsoe 76643, USA Company
83 Eagle Dr., Sanford,
Ekto Manufacturing
8539 Willy A Faessler Manufacturer 12/24/2012 Valid
Maine, 04073, USA
Corp.
13470 Philadelphia Avenue,
Crown Technical
8521 Naim I Siddiqui Manufacturer Fontana, California, 92337, 6/20/2012
Valid
Systems Inc.
USA
Rt. 62, Eleanor Industrial
8452 Manufacturer Park, Eleanor, West Virginia, 8/18/2010 Parkline Inc. Valid
25070, USA

7007 Jurupa Ave., Riverside,
8419 Robert Loomis Manufacturer 12/15/2009 Fleetwood Homes, Inc Valid
California, 92504, USA

6420 W. Allison Rd.,
Michael Dean
Champion Home
8438 Manufacturer Chandler, Arizona, 85226, 4/12/2010 Valid
Young
Builders, Inc
USA
Robert Charles
646 Wallis Concrete Rd.,
8403 Manufacturer 9/1/2009 Wallis Concrete LLC Valid
Fischer
Wallis, Texas, 77485, USA

     Michael A                        201 W. First St., South                    Whitley Manufacturing

8370 Manufacturer 10/24/2008 Valid
Ransbottom Whitley, Indiana, 46787, USA Co. Inc.

Sagebrush
909 N. Wheeling Av., Tulsa,
8188 Ralph A Hibberd Manufacturer 6/26/2006 Ventaire LLC Building Valid
Oklahoma, 74110, USA
Systems
1090 Industrial Blvd.,
Modular Connections
8110 Richard L Rohn Manufacturer Bessemer, Alabama, 35022, 6/29/2005 Valid
LLC
USA
402 Industrial Park Rd.,
8164 Jerry D Arnold Manufacturer Duffield, Virginia, 24244, 3/13/2006 VFP, Inc. Valid
USA

Michael W
1308 N. Maple St., Centralia,
8163 Manufacturer 3/9/2006 Engineered Fluid, Inc. Valid
English
Illinois, 62801, USA

5301 W. Madison St.,
Ronald R
8073 Manufacturer Phoenix, Arizona, 85043, 11/9/2004 Phoenix Modular Inc. Valid
Procunier
USA

Doing
Qualifying
Number License Type Principal Place of Business Date Issued Company Name Business As Status
Party
Name

     Glen R                          231 N. Apache Rd., Buckeye,                 CMH Manufacturing        Clayton

8046 Manufacturer 5/13/2004 Valid
Alessandri Arizona, 85326-0908, USA West Inc. Buckeye

Cavco
1300 S Litchfield Rd., Bldg.
Industries
8022 L Jeffrey Severe Manufacturer 260, Goodyear, Arizona, 3/17/2004 Cavco Industries Inc. Litchfield Valid
85338, USA
Division dba
Cavco West
Benjamin
5122 North State Rd 39,
A & A Sheet Metal
7816 Matthew Manufacturer 8/13/2002 dba Securall Valid
Laporte, Indiana, 46350, USA
Products, Inc
Williams
1020 Industrial Park Dr,
Porta-King
Steve W
Jay Henges
7805 Manufacturer Montgomery City, Missouri, 7/10/2002 Building Valid
Schulte
Enterprises Inc.
63361, USA
Systems
306 W. State St, Cassopolis,
Mobile Facility
7675 Orval Allison Manufacturer 8/28/2001 Valid
Michigan, 49031, USA
Engineering, Inc
5031 Hazel Jones Rd.,
7361 Manufacturer Bossier City, Louisiana, 11/23/1999 Cellxion, LLC Valid
71111, USA
6205 S. Arizona Ave.,
8851 Kalyan Ghosh Manufacturer Chandler, Arizona, 85248, 2/19/2020 Z-Modular LLC Valid
USA

Dean R
1300 Davenport Dr., Minden,
6265 Manufacturer 11/10/1992 Fibrebond Corporation Valid
Williams
Louisiana, 71055, USA

Robert M
1205 E. South Temple, Salt
8910 Manufacturer 12/10/2020 ZenniHome LLC Valid
Worsley
Lake City, Utah, 84103, USA
Damon E 1005 N. 50th St., Phoenix, Southwest Mobile
6995 Manufacturer 11/10/1997 Valid
Jacobson Arizona, 85008, USA Storage, Inc.
40961 Production Drive,
Thomas A
Par-Kut International,
6865 Manufacturer Harrison Township, Michigan, 1/27/1997 Valid
Duemling
Inc.
48045, USA

721 N. Burleson Blvd.,
6660 Devin D Duvak Manufacturer 10/26/1995 Indicom Buildings Inc. Valid
Burleson, Texas, 76028, USA

1801 Rockdale Industrial
Frey-Moss Structures
6611 Steven R Frey Manufacturer Blvd., Conyers, Georgia, 7/7/1995 Valid
Inc.
30012, USA
James E.
855 N. 5th St., Charleston,
6207 Manufacturer 4/20/1992 Safety Storage, Inc. Valid
Knutson
Illinois, 61920, USA