A.R.S. tit. 34 ch. 4 — Arizona Revised Statutes Title 34 Chapter 4 — Structure Of Buildings

34-401. New and renovated state buildings; automated external defibrillators A. Any state building that is constructed or any state building that undergoes a major renovation at a cost of at least two hundred fifty thousand dollars after the effective date of this section must be equipped with automated external defibrillators. B. For fiscal year 2003-2004 and each fiscal year thereafter, the joint legislative budget committee and the governor's office of strategic planning and budgeting shall include funding for the placement of automated external defibrillators in capital budgets for new state buildings. 34-451. Energy conservation standards for public buildings A. The governor's energy office in consultation with persons responsible for building systems shall adopt and publish energy conservation standards for construction of all new capital projects as defined in section 41-790, including buildings designed and constructed by school districts, community college districts and universities. These standards shall be consistent with the recommended energy conservation standards of the American society of heating, refrigerating and air conditioning engineers and the international energy conservation code. B. The standards shall be adopted to achieve energy conservation and shall allow for design flexibility. C. The following state agencies shall reduce energy use in public buildings that they administer by ten per cent per square foot of floor area on or before July 1, 2008 and by fifteen per cent per square foot of floor area on or before July 1, 2011, using July 1, 2001 through June 30, 2002 as the baseline year: 1. The department of administration for its building systems. 2. The Arizona board of regents for its building systems. 3. The department of transportation for its building systems. D. The governor's energy office shall provide technical assistance to the state agencies prescribed in subsection C of this section. On or before July 1 of each year, the energy office shall measure compliance with subsection C of this section, compile the results of that monitoring and report to the speaker of the house of representatives and the president of the senate as to the progress of attaining the goals prescribed in subsection C of this section. The energy office shall include in its report an explanation of the reasons for any failure to achieve energy reductions in specific building systems as prescribed in subsection C of this section. E. All state agencies shall procure energy efficient products that are certified by the United States department of energy or the United States environmental protection agency as energy star or that are certified under the federal energy management program in all categories that are available unless the products are shown not to be cost-effective on a life cycle cost basis. 34-452. Solar design standards for state buildings; energy life cycle costing A. Capital projects as defined in section 41-790 including buildings designed and constructed by the department of administration, school districts and universities and containing over six thousand square feet shall include a written evaluation of the following solar energy features: 1. Proper site orientation. 2. Utilization of active and passive solar energy systems for space heating. 3. Utilization of solar water heating. 4. Utilization of solar daylighting devices as defined in section 44-1761. B. Energy life cycle costing shall be used to evaluate all solar energy and energy conservation design, equipment and materials that are considered for constructing new state buildings and in the scheduled remodeling of existing state buildings. 34-453. Energy performance goals for state buildings A. The department of administration shall apply energy conservation measures to and shall improve the design for the construction of capital projects so that the energy consumption per gross square foot in use during fiscal year 1992-1993 is at least ten per cent less than the energy consumption per gross square foot in use during fiscal year 1985-1986. B. The department of administration may exclude from the requirements of subsection A any capital project or portion of a capital project in which energy intensive activities are carried out. The department of administration shall identify and list those exclusions. C. The department of administration shall report on energy conservation related activities in the annual state capital improvement plan. 34-454. Establishment and use of life cycle cost methods and procedures; definition A. The director of the department of administration, in consultation with the Arizona commerce authority, shall establish practical and effective present value methods for estimating and comparing life cycle costs for state capital projects, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of the system or during a period of twenty-five years, whichever is shorter, and using average fuel costs and a discount rate determined by the director. The director shall develop and prescribe the procedures to be followed in applying and implementing the methods and procedures established by this subsection. B. The design of new capital projects and the application of energy conservation measures to existing capital projects shall be made using life cycle cost methods and procedures established pursuant to subsection A. C. In leasing buildings preference shall be given to buildings which minimize life cycle costs. D. For the purposes of this section, "life cycle cost" means the total cost of owning, operating and maintaining a building over its useful life, including such costs as fuel, energy, labor and replacement components determined on the basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effective remaining term of the lease. 34-455. Performance contracting; definitions A. The department of administration shall develop and implement a program to enter into performance contracts solely for the purpose of achieving energy savings as measured in dollars and benefits ancillary to that purpose. Each contract may be for a period of not more than the expected life of the energy savings measures implemented or twenty-five years, whichever is shorter. The contract shall provide that the energy and operational savings generated cover all costs, after accounting for any financial incentives or assistance provided by utilities, associated with implementation of energy conservation measures to include audits, design equipment, purchase and installation, metering, interest on monies borrowed and training, and the contract shall include contractor profit. The contractor shall recover an amount not to exceed the summation of these costs and the agreed upon profit. Energy dollar savings realized as a result of a performance contract under this section shall be shared at a negotiated rate between the state and the contractor, until such time as the contractor has recovered the amount specified in the contract, at which time all savings shall accrue to the state. Interest rates charged on each contract shall be mutually agreed upon by the department of administration and the contractor. Contracts shall contain contingency provisions agreed upon by the department and the contractor for cases where measured energy dollar savings do not meet predicted energy dollar savings. B. For the purposes of this section: 1. "Combined heat and power" means any system that simultaneously or sequentially generates both electric or mechanical energy and useful thermal energy using the same unit of fuel. 2. "Energy dollar savings" means a reduction in the cost of energy, from a base energy cost established through a methodology set forth in the contract, utilized in an existing or new state owned or leased building as a result of either: (a) The lease or purchase of operating equipment by the state or contractor, improvements made, altered operation and maintenance, technical services provided or renewable energy sources utilized. (b) The increased efficient use of existing energy sources by cogeneration or combined heat and power. 34-456. Use of energy savings; definitions A. Fifty per cent of the amount of after-contract cost savings realized by the department of administration for that year from contracts entered into pursuant to section 34-455 shall remain available without further appropriation to undertake additional energy conservation measures. Funds generated as a result of these contracts shall be known as "energy conservation funds". The department shall use the energy conservation funds to implement additional energy conservation measures in state facilities. The department shall keep a separate accounting of these after-contract cost savings and provide an annual report to the speaker of the house of representatives, the president of the senate and the governor detailing account balances, amounts spent on additional conservation measures, energy and dollar savings accrued as a result of expenditures from the fund and projected utilization of the funds. These funds shall not be subject to the provisions of section 35-190. B. For the purposes of this section: 1. "After-contract cost savings" means the portion of energy dollar savings for that year that remains after all performance contract costs are paid for that year. 2. "Combined heat and power" has the same meaning prescribed in section 34-455. 3. "Energy conservation measures" means measures that are applied to a state building that improve energy efficiency and are life cycle cost effective and involve energy conservation, cogeneration, renewable energy sources, improvements in operations, combined heat and power and maintenance efficiencies or retrofit activities. 34-461. Applicability of local codes; exceptions; definition 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 section 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. 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. 34-462. Community college buildings; exemption from building codes Community college buildings are exempt from local building codes pursuant to section 34-461, subsection D. 34-471. Lighting standards for state and community college buildings; life cycle costing; evaluation standards; shielding A. All new state capital projects as defined in section 41-790, including buildings designed and constructed by the department of administration, the department of transportation, community college districts and universities and major renovations for those entities involving lighting systems, shall include efficient and effective lighting systems as determined by an evaluation based on the illuminating engineering society of North America lighting handbook and recommended practices. B. Life cycle costs as defined in section 34-454 shall be used to evaluate the design, equipment and materials that are considered pursuant to subsection A of this section. C. All outdoor light fixtures that are owned and operated by this state and that are subject to the requirements of subsection A of this section shall be fully shielded as defined in section 49-1101, except that outdoor light fixtures that are used to illuminate sports facilities that are used by an educational institution shall be fully or partially shielded as defined in section 49-1101. This subsection does not apply to those outdoor light fixtures that are not required to be shielded pursuant to section 49-1102. 34-472. Exemptions This article does not apply to: 1. Any county, city or town. 2. Programs, projects or improvements of the state transportation board relating to the construction, reconstruction, improvement or maintenance of state highways or bridges and interstate system highways. 3. Construction or major renovation of the state capitol building as defined in section 41-790.