Bill
SB 1051
Allows nonregistrants to do interior, nonstructural commercial unit changes up to 3,000 sq ft, excluding assembly occupancy.
Status / timeline
- Introduced: Feb 3, 2025
- Passed both chambers; enrolled and signed by the Governor: May 12, 2025
- Chaptered as law (Chapter 153) May 12, 2025 (effective on approval, unless otherwise noted)
Purpose
- To amend Arizona Revised Statutes §32-144 to clarify and expand exemptions from the registration requirements that apply to professional engineers — specifically adding a carve‑out for certain interior, nonstructural alterations of individual commercial units and clarifying existing size/occupancy exemptions for nonregistrants.
Key provisions (what the bill changes or confirms)
- Adds an explicit exemption allowing a nonregistrant (a person who is not a registered professional engineer) to perform an interior, nonstructural alteration of an individual unit of a commercial space provided that the individual unit does not exceed 3,000 square feet.
- Exception: the exemption does not apply to units classified as “assembly occupancy” under the adopted building code.
- Retains and reprints existing nonregistrant exemptions in ARS §32-144, including:
- Detached single‑family dwellings and certain multifamily unit work (nonbearing walls, etc.).
- One- or two‑story buildings ≤ 3,000 sq ft not intended for continuous occupancy by >20 persons and with maximum member spans ≤20 ft (unless larger spans use trusses/lintels approved by a registered engineer).
- A one‑time single addition for storage up to 1,500 sq ft (measured to outside surface of exterior walls).
- Water/wastewater plant or distribution/collection work where total construction cost ≤ $12,500.
- Employer‑owned (including utilities/railroads/etc.) buildings used solely by the owner/lessee, not ordinarily occupied by >20 people, not for sale/rental/public use, and conforming to local building code.
- Horticultural consultations/planting plans.
- Confirms that registrants (i.e., licensed engineers) who choose to perform these exempt activities remain subject to the chapter’s professional requirements.
- Retains provisions regarding “trained geologist” exemptions and associated disqualifications and definitions (degree + ≥4 years experience).
Who is affected
- Small commercial tenants and property owners: may obtain interior, nonstructural remodels of individual commercial units (≤3,000 sq ft) without hiring a registered professional engineer, potentially reducing cost and time for typical retail or office tenant improvements — except for assembly‑use spaces.
- Licensed engineers: narrower scope of work that must be performed by registrants for small, interior nonstructural commercial alterations; however engineers remain regulated when they do perform these activities.
- Contractors, architects, local building departments and inspectors: may adjust plan review practices and permitting expectations for small, nonstructural tenant improvements.
- Public safety and code compliance stakeholders: impact depends on adherence to building code and the assembly‑occupancy carve‑out.
Practical effects and considerations
- Likely to lower regulatory/compliance costs and speed permitting for many small interior commercial remodels (retail, office, service uses) that are strictly nonstructural and under 3,000 sq ft.
- The assembly‑occupancy exception preserves a higher safety standard for high‑occupancy uses (e.g., theaters, restaurants with assembly areas).
- Potential trade‑offs: if “nonstructural” work is mischaracterized or code enforcement varies, there could be greater risk of unsafe alterations or disputes over whether an engineer’s involvement was required. Local jurisdictions and permitting authorities will play a key role in implementation and enforcement.
Related/cross references
- The bill amends ARS §32-144 (Professional Engineers) and explicitly repeats other numerical limits already in statute (3,000 sq ft, 1,500 sq ft addition limit, $12,500 cost threshold, 20‑person occupancy threshold, 20‑foot span limit).
Compiled from official sources — confirm details with the bill’s official record.
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