9-1303. Material affect on health and safety of occupants
For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:
1. Inadequate sanitation, ventilation or space requirements, including the following:
(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.
(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the city or town in which the property is located.
(c) Lack of hot and cold running water to plumbing fixtures.
(d) Lack of adequate heating and cooling.
(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.
(f) Lack of minimum amounts of natural light and ventilation as required by the building code.
(g) Inadequate room and space dimensions as required by the building code.
(h) Lack of required adequate electricity and lighting as required by the building code.
(i) Infestation of insects, vermin or rodents.
(j) Lack of connection to a sewage disposal system as required by the building code.
(k) Lack of adequate garbage and rubbish storage and removal facilities.
2. Structural hazards, including the following:
(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.
(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.
(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.
3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.
4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.
5. Hazardous mechanical equipment including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.
6. Faulty weather protection that may include:
(a) Significantly deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
7. Fire hazards or inadequate fire protection, including:
(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.
(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(c) Lack of adequate fire detection systems as required by law.
8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.
9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.
11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.
12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.
Structure Arizona Revised Statutes
§ 9-101 - Incorporation; definitions
§ 9-101.01 - Incorporation; urbanized area
§ 9-101.02 - Alternate method of incorporation for certain areas; definition
§ 9-103 - Reincorporation of existing municipalities; effect of change
§ 9-104 - County services for newly incorporated city or town
§ 9-121 - Consolidation of towns
§ 9-122 - Unification of a city and a town
§ 9-131 - Incorporation; definition
§ 9-135 - Relations with county
§ 9-136 - State or county collected taxes
§ 9-201 - Elective officers in cities and towns of less than six hundred voters; duties
§ 9-202 - Appointive officers; compensation
§ 9-232 - Council; qualifications of members; oath; selection of mayor; vacancy
§ 9-232.02 - Permitting town councilmen to hold office for four-year staggered terms
§ 9-232.03 - Alternative procedure for mayor to be directly elected by electors
§ 9-232.04 - District system as alternative organization
§ 9-232.05 - Town elected officials; term limits; applicability
§ 9-233 - Council meetings; quorum; adjournment
§ 9-234 - Power of council to regulate proceedings; records
§ 9-235 - Vacancies in council
§ 9-238 - Duties of appointive officers
§ 9-239 - Council powers relating to appointive officers
§ 9-240 - General powers of common council
§ 9-241 - Purchase and sale of property
§ 9-246 - Publication of financial statement
§ 9-247 - Claims, warrants, substitute checks and vouchers
§ 9-248 - Warrants, substitute checks and vouchers; payee; form
§ 9-249 - Warrants, substitute checks and vouchers; presentment; payment; registry; definitions
§ 9-250 - Violation of provisions relating to warrants; classification
§ 9-251 - Survey and recording of town plats
§ 9-252 - Acknowledgment and filing of maps
§ 9-253 - Recording of maps and plats; preservation of originals
§ 9-255 - Unlawful act of officer; liability of council
§ 9-271 - Procedure for change; city officers
§ 9-272 - Classification of councilmen for purposes of election; terms of office
§ 9-272.01 - Alternative procedure for mayor to be directly elected by electors
§ 9-273 - District system as alternative organization
§ 9-274 - Powers of council; salaries
§ 9-275 - Applicability of certain provisions to specified cities
§ 9-276 - Additional powers of cities
§ 9-281 - Adoption procedure; board of freeholders; election
§ 9-282 - Proposed charter; publication; election; approval by governor
§ 9-283 - Approval of charter; recording and filing; amendment
§ 9-284 - Effect of charter on inconsistent laws
§ 9-303 - City or town manager
§ 9-304 - Compensation of alderman or councilman; failure to comply; classification
§ 9-305 - City or town auditor; examination of executive session minutes; confidentiality
§ 9-401 - Acquisition of land by city; extent and notice of city jurisdiction
§ 9-402 - Sale and disposition of property; advertising for bids; publication; donation; easements
§ 9-404 - Payment of outstanding taxes, penalties and interest on acquiring property
§ 9-405 - Sale, lease or exchange of surplus property to federal government
§ 9-407 - Exchange and sale of real property; notice of intent
§ 9-408 - Home equity conversion program; authorization; use of proceeds
§ 9-409 - Condemnation actions; interest
§ 9-411 - Tax levy for library purposes
§ 9-412 - Receipt of gifts for library
§ 9-414 - Trustees; terms; compensation
§ 9-415 - Trustees; organization; appointment of librarian
§ 9-417 - Audit and payment of claims
§ 9-418 - Annual reports by trustees
§ 9-419 - Regulation of library use; use of land for library
§ 9-420 - Contracts between city or town and the Arizona state library; expenditure of public monies
§ 9-431 - Finding of statewide concern; preemption of city charter
§ 9-433 - Voluntary contributions; payment; interest on delinquent payments
§ 9-441.01 - Public purpose; declaration of housing development area by local governing body
§ 9-441.02 - Powers of municipalities
§ 9-441.03 - Issuance of bonds
§ 9-441.04 - Additional security for bonds
§ 9-441.05 - Construction of bond provisions
§ 9-441.06 - Certification of bonds by attorney general
§ 9-441.07 - Use of municipal revenue powers to provide monies for project
§ 9-451 - Procedure for vacating cemeteries
§ 9-452 - Conveyance of title to vacated cemetery
§ 9-453 - Cemetery maintenance fund
§ 9-461.01 - Planning agency; powers and duties
§ 9-461.02 - Planning commission; creation; limitations
§ 9-461.03 - Planning department
§ 9-461.05 - General plans; authority; scope
§ 9-461.06 - Adoption and amendment of general plan; expiration and readoption
§ 9-461.07 - Administration of general plan
§ 9-461.08 - Authority, scope of specific plans
§ 9-461.09 - Procedure for adoption of specific plans and regulations
§ 9-461.10 - Administration of specific plans and regulations
§ 9-461.11 - Extraterritorial jurisdiction; development plans
§ 9-461.12 - Joint action; cooperation with state agencies; land and facilities use
§ 9-461.13 - Prohibited urban growth management requirements
§ 9-461.14 - Public works project planning; utility input; definitions
§ 9-461.15 - Requirement of planned community prohibited
§ 9-461.16 - Residential housing; requirements; fees; prohibition
§ 9-461.17 - Telecommunications utility relocation; cost reimbursement; definitions
§ 9-462 - Definitions; general provisions concerning evidence
§ 9-462.01 - Zoning regulations; public hearing; definitions
§ 9-462.02 - Nonconformance to regulations; outdoor advertising change; enforcement
§ 9-462.03 - Amendment procedure
§ 9-462.04 - Public hearing required; definition
§ 9-462.06 - Board of adjustment
§ 9-462.07 - Extraterritorial jurisdiction
§ 9-463.02 - Subdivision defined; applicability
§ 9-463.04 - Extraterritorial jurisdiction
§ 9-463.06 - Standards for enactment of moratorium; land development; limitations; definitions
§ 9-464.01 - Open space land acquisition
§ 9-468 - Solar construction permits; standards
§ 9-471.01 - Dates of signatures on petition; time limitation for validity of signatures
§ 9-471.03 - Return of certain land to county; procedures
§ 9-471.04 - Annexation of territory partially or completely surrounded by city or town; definition
§ 9-472 - Annexed territory as part of adjoining district
§ 9-473 - Redistricting; representation
§ 9-474 - Subdivision plats; projection of street and alley lines; approval; survey
§ 9-475 - Filing of map; hearing; approval; recording
§ 9-477 - Subdivision name; limitation; title to streets
§ 9-478 - Acceptance of plat by recorder
§ 9-479 - Conveyance by reference to plat; restriction; violation; classification
§ 9-481 - Audits of cities and towns; posting; budget; accepting audit results
§ 9-485.01 - Mobile food vendors; mobile food units; operation
§ 9-485.02 - Insurance requirement prohibited
§ 9-491 - Unpaid license taxes; recovery
§ 9-491.01 - Additional business license; real estate broker or salesperson; prohibition
§ 9-491.02 - Business license; out-of-state businesses; prohibition
§ 9-492 - Investment of sinking funds and surplus or idle funds of municipality
§ 9-493 - Appropriation for advertising
§ 9-494 - Parks; tax for parks within reclamation projects
§ 9-495 - Employees providing assistance; identification; communication; notice
§ 9-496 - Expenditures in federal areas
§ 9-497 - Authority to procure liability insurance covering officers, agents and employees
§ 9-498 - Authority for county to furnish services to city or town
§ 9-499.01 - Powers of charter and general law cities
§ 9-499.02 - Standards for curb ramps
§ 9-499.03 - Participation in medical clinics
§ 9-499.04 - Animal control officers; appointment; authority; regulation of dogs; powers and duties
§ 9-499.08 - Ability to build, finance and operate toll roads
§ 9-499.09 - Indigent defendants; appointment of counsel; fee
§ 9-499.10 - Infill incentive districts
§ 9-499.12 - Municipal social workers; exemption
§ 9-499.13 - Sign walkers; regulation; exception; definition
§ 9-499.14 - Renewable energy incentive districts; definition
§ 9-499.15 - Proposed new or increased municipal taxes and fees; notification; exceptions
§ 9-499.16 - Energy and water savings accounts
§ 9-499.17 - Prohibition on municipal taxes and fees
§ 9-499.18 - Transportation safety zones; passenger convenience areas; definitions
§ 9-500.01 - Arson investigators; duties; powers; limitation
§ 9-500.02 - Emergency medical aid; assistance to other public bodies; limitation on liability
§ 9-500.03 - Maintenance and protection of parks; park rangers
§ 9-500.04 - Air quality control; definitions
§ 9-500.05 - Development agreements; public safety; definitions
§ 9-500.07 - Recycling and waste reduction
§ 9-500.08 - Enforcement of water conservation plumbing requirements
§ 9-500.10 - Escort and escort agency advertising requirements; civil penalty; definitions
§ 9-500.11 - Expenditures for economic development; definitions
§ 9-500.11; Version 2 - Expenditures for economic development; requirements; definitions
§ 9-500.13 - Compliance with court decisions
§ 9-500.15 - Referral of public transportation questions to voters
§ 9-500.16 - Clean burning fireplace ordinance
§ 9-500.17 - Acceleration agreements; loan repayment agreements
§ 9-500.18 - School district construction fees; prohibition
§ 9-500.19 - Vehicle refueling apparatus
§ 9-500.20 - Outside emergency services; costs
§ 9-500.21 - Civil enforcement of municipal ordinances
§ 9-500.22 - Prosecution diversion programs
§ 9-500.23 - Authority to provide fire protection and emergency services outside corporate limits
§ 9-500.24 - Federal patent easements; city and town abandonment
§ 9-500.25 - Work centers; aliens; prohibition
§ 9-500.26 - Authority to regulate the entry of minors into Mexico; exemption from liability
§ 9-500.27 - Off-road vehicle ordinance; applicability; violation; classification
§ 9-500.28 - Disclosure of filings; military electronics range; definition
§ 9-500.29 - Federal and state regulations; local coordination; standing; definitions
§ 9-500.30 - Federal monies; prohibition; union labor preference
§ 9-500.31 - Prohibition on adopting landlord tenant bedbug control requirements
§ 9-500.32 - License fees for dogs; prohibition; violation; classification
§ 9-500.33 - County island sewer connection; prohibition; state preemption
§ 9-500.34 - Prohibition on retail business security requirements; state preemption
§ 9-500.35 - Garbage collection services; payment responsibility
§ 9-500.36 - Prohibition on requirement of energy measuring and reporting; state preemption
§ 9-500.37 - Improvements to private property not in corporate boundaries; prohibition
§ 9-500.38 - Prohibition on regulation of auxiliary containers; state preemption; definition
§ 9-500.41 - 911 telephone calls; medical assistance requests; Good Samaritans
§ 9-500.43 - Prohibition on mandated provision of health insurance; state preemption
§ 9-500.44 - Communications; accessibility; emergency response interpreters
§ 9-500.46 - Parking; public service and public safety emergency vehicles; definitions
§ 9-500.47 - Firefighter; peace officer; residency requirement; prohibition; exemption; definitions
§ 9-500.48 - Deceased cats and dogs; owner notification
§ 9-502 - Petition for franchise; publication; estimate; election; term; expenditures
§ 9-506 - Authority to issue license; limitations; permits for Wi-Fi radio equipment; definitions
§ 9-507 - Application for license; hearing; terms; conditions
§ 9-508 - License required before construction; provisions existing systems
§ 9-510 - Control of programming
§ 9-511 - Power to engage in business of public nature; outside water rates; right of eminent domain
§ 9-511.01 - Water and wastewater business; rates; procedures; responsibility for payments
§ 9-511.02 - Utility user fees; lien enforcement; procedures; payment responsibility; definition
§ 9-512 - Issuance of bonds; service rates
§ 9-513 - Lease of privately owned utility
§ 9-514 - Authority to engage in utility business
§ 9-515 - Purchase of existing utility plant and property; valuation; appeal
§ 9-516 - Declaration of public policy; eminent domain
§ 9-517 - Exception to purchase requirement
§ 9-518 - Compensation for taking public utility; procedure for determining
§ 9-519 - Common carriers; duplication of service prohibited
§ 9-521.01 - Recreational facilities
§ 9-522 - Power to issue bonds
§ 9-524 - Election order and call; publication; posting
§ 9-525 - Registration of voters
§ 9-528 - Application of election laws
§ 9-530 - Service charges; taxation and budgeting; computation
§ 9-531 - Provisions of resolution for bond issue; covenants
§ 9-532 - Utility receipts and bond proceeds; handling and disposition
§ 9-534 - Certification of bonds by attorney general
§ 9-537 - Supplemental nature of article
§ 9-538 - Validation of prior bonds
§ 9-539 - General powers of municipality under article
§ 9-540 - Validation of prior acts and proceedings; criterion for compliance
§ 9-552 - Authority to issue license
§ 9-553 - Application for license; hearing; terms; conditions
§ 9-554 - License required before construction
§ 9-582 - Taxes and other charges; telecommunications facilities; limitations
§ 9-583 - Issuance of license or franchise; use of public highways; limitations
§ 9-584 - Microcell equipment in public highways; permits; fees; limitations; definitions
§ 9-593 - Applicability; collocation of small wireless facilities; permits; application; fee
§ 9-594 - Structures subject to zoning; time frames; application; fees
§ 9-596 - Scope of local authority
§ 9-598 - General requirements for use of the right-of-way
§ 9-600 - Antenna use; private property; applicability
§ 9-601 - Arizona convention center development fund; purpose
§ 9-621 - Authority to receive and spend distributions
§ 9-622 - Certification of completion of construction
§ 9-623 - Certification of satisfaction of annual obligations
§ 9-624 - Request for state lease purchase
§ 9-626 - Construction progress reports; auditor general performance measures
§ 9-802 - Procedure for adoption by reference
§ 9-803 - Limitation on enactment of penalty clauses
§ 9-804 - Ratification of certain enactments by reference
§ 9-805 - Building code moratorium on residential and commercial buildings
§ 9-806 - Wildland-urban interface code
§ 9-809 - Semipublic swimming pools; locking device; pool barrier gates; exception
§ 9-810 - State preemption; utilities; restrictions; prohibition; limitation; definition
§ 9-810.01 - Building codes; refrigerants
§ 9-811 - Publication of record of proceedings of governing body
§ 9-812 - Publication of notices and ordinances
§ 9-813 - Posting of ordinances and notices
§ 9-821 - Law governing municipal elections
§ 9-822 - Qualifications of voters
§ 9-823 - Registration of voters; change of registration
§ 9-824 - Registration for elections
§ 9-825 - Election boards; appointment
§ 9-826 - Publicity pamphlet format; state preemption; bond and tax measures
§ 9-832 - Regulatory bill of rights
§ 9-833 - Inspections; applicability
§ 9-834 - Prohibited acts by municipalities and employees; enforcement; notice
§ 9-836 - License application process
§ 9-837 - Directory of documents
§ 9-838 - Complaints; governing body review
§ 9-839 - Clarification of interpretation
§ 9-842 - Regulation of occupation, trade or profession; notice; hearing; exemptions; definition
§ 9-904 - Violations; classification
§ 9-913 - Administration of fund; police pension board; membership
§ 9-914 - Election of departmental members of board
§ 9-915 - Terms of departmental members
§ 9-916 - Vacancies in departmental membership
§ 9-918 - Compensation of pension board members; liability on bonds
§ 9-919 - Organizational meeting
§ 9-920 - Meetings of pension board
§ 9-921 - Powers and duties of the board; audit
§ 9-922 - Annual report of board
§ 9-923 - Contents of fund; choice of method of payment by municipality
§ 9-925 - Computation of pension upon voluntary retirement or upon mandatory retirement; limitation
§ 9-926 - Computation of pension upon permanent or temporary retirement for injury or disease
§ 9-927 - Benefits to dependents upon death of member
§ 9-928 - Effect of service as public officer upon pension
§ 9-929 - Fund requirements precedent to payment of pensions
§ 9-931 - Exemption of pensions from process; prohibition on assignments; exception
§ 9-932 - Physical examination of active or temporarily retired member
§ 9-933 - Effect of military service
§ 9-934 - Inapplicability of article
§ 9-951 - Disposition of fire insurance premium tax proceeds; composition of fund
§ 9-952 - Disposition of fire insurance premium tax
§ 9-953 - Fire districts or departments; certification by the office of the state fire marshal
§ 9-954 - Board of trustees of fund; membership
§ 9-955 - Officers of board; meetings; procedure for disbursements
§ 9-956 - Annual audit; report of secretary; sanction
§ 9-957 - Powers and duties of board; investments; review of decisions
§ 9-963 - Grant of temporary relief by board; procedures for immediate pension relief
§ 9-965 - Termination of benefits
§ 9-967 - Pension for volunteer fire fighter
§ 9-967.01 - Paid fire fighters who are also volunteers; eligibility for pension benefits
§ 9-968 - Exemption of pension from process; prohibition of assignments; exception
§ 9-969 - Applicability of workers' compensation law
§ 9-970 - Effect of military service
§ 9-971 - Reinstatement after military service
§ 9-972 - Inapplicability of article
§ 9-973 - Disability insurance for volunteer fire fighters
§ 9-981 - Authority to purchase alternative pension and benefit plan
§ 9-991 - Training requirement
§ 9-1101 - Entry at federal land office of land for townsites
§ 9-1102 - Trustee's bond; keeping of accounts and records
§ 9-1103 - Survey and plat of townsite; approval; recording
§ 9-1104 - Notice of entry of land as townsite; statement and filing of claims to land
§ 9-1105 - Financial statement of trustee; disposition of funds
§ 9-1106 - Index of claimants and property
§ 9-1107 - Limitations on claims of land
§ 9-1108 - Proof of nonconflicting claims; execution of deed
§ 9-1109 - Referral to court of conflicting claims; trial; appeal
§ 9-1110 - Payment of purchase price by claimants
§ 9-1111 - Trustee as claimant
§ 9-1112 - Selection and conveyance of sites for public purposes
§ 9-1113 - Execution of deed to cemetery association
§ 9-1114 - Rights of lienholders
§ 9-1115 - Claims against trustee or municipality
§ 9-1116 - Obtaining funds to pay expenses
§ 9-1117 - Disposal of unclaimed lots
§ 9-1118 - Accounting by trustee to successor
§ 9-1131 - Disposal of unclaimed lots acquired prior to statehood
§ 9-1132 - Procedure to establish right of preference
§ 9-1133 - Disposition of proceeds from sale
§ 9-1141 - Procedure for subdivision of private lands into townsite
§ 9-1202 - Protected development right; establishment; plan requirements; variance
§ 9-1203 - Duration of a protected development right; termination
§ 9-1204 - Subsequent changes prohibited; exceptions
§ 9-1205 - Protected development right; exercise; agreements
§ 9-1302 - Individual property inspections
§ 9-1303 - Material affect on health and safety of occupants
§ 9-1305 - Inspection fees; penalties
§ 9-1402 - State preemption; uniform regulation and licensing
§ 9-1403 - Limited application
§ 9-1411 - Local governments; uniform video service license agreements; forms; provisions
§ 9-1413 - Incumbent cable operator; procedure to continue operating under local license
§ 9-1414 - Uniform video service license; application; fees
§ 9-1416 - Amendment of uniform video service license to add service area
§ 9-1417 - Termination of service
§ 9-1418 - Boundary change; license fees; exemption; notice
§ 9-1419 - Transfer of uniform video service license
§ 9-1421 - Subscriber complaints
§ 9-1431 - Video service; revocation for nonuse
§ 9-1432 - Reports; confidentiality; definition
§ 9-1433 - Nondiscriminatory manner; compliance with standards and federal law
§ 9-1441 - Management of highways; local governments; permits or licenses
§ 9-1443 - License fee; requirements, conditions and limitations; pass through to subscribers
§ 9-1444 - Ownership of a video service network
§ 9-1445 - Review and audit; bundling discounts; action to recover underpayment or overpayment
§ 9-1451 - Enforcement; office of administrative hearings; fees; fund
§ 9-1452 - Statute of limitations; costs and attorney fees; federal subscriber service requirements