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New law allows construction as early as 5 a.m. in Arizona

A construction site located in Mesa, Arizona. (Brock Blasdell / Arizona Capitol Times)

New law allows construction as early as 5 a.m. in Arizona

Key Points: 
  • A law to standardize the hours of operation for construction companies passed on May 13
  • The law allows construction as early as 5 a.m. on weekdays in summer months
  • Governor and legislators say it will expedite construction for housing, despite early morning noise

Your ability to sleep in during the week — at least until sunrise — may soon be disturbed for worker safety and more efficient construction of houses, apartments and commercial buildings.

A new law that took effect on May 13 now requires cities and counties to allow construction activities to begin by 5 a.m. on weekdays between May 1 and Oct. 15 — and possibly earlier.

The legislation signed by Gov. Katie Hobbs says that companies can begin pouring concrete, whether for new developments or a neighbor installing a new driveway, an hour before construction starts.

But you can sleep until 7 a.m. on Saturdays, and local governments still retain the power to set Sunday construction schedules.

What’s behind the measure is the dual goal of expediting construction and ensuring that workers gain some protection from the often-unrelenting summer heat.

Sen. Analise Ortiz said about half of Arizona cities already allow for early start times in the summer, though it varies from community to community. What the new law will do, said the Phoenix Democrat, is provide some “consistency” across the state.

“We should allow for more workers in the construction industry to have an earlier start time while it’s cooler in the summer months,” she said. “It’s good for workers.”

Ortiz, however, is also among the most energetic supporters of knocking down local regulations, which she believes puts the cost of homes out of reach.

She was a champion of legislation to allow homeowners to construct casitas — more formally known as “accessory dwelling units” — to provide more places for people to rent. She has also been a major supporter of stripping cities of their rights to impose certain zoning and design restrictions in an effort to create more “starter homes.”

That’s why she said the new law also is “good for development,” and she has support from local businesses. 

Spencer Kamps, a lobbyist for the Home Builders Association of Central Arizona, told lawmakers it’s a simple question of worker safety.

“Construction workers are obviously at risk during the summer,” he said.

Some of that is preventable with things like water, rest and shade.

“But, quite honestly, the best mitigation measure to prevent heat stroke or heat injury is the schedule,” Kamps said. 

The new law sets a uniform standard throughout the state construction times. 

And by “uniform,” Kamps said that means all kinds of construction, regardless of where it occurs. He rejected the idea of one set of noise standards for business zones and another for residential areas, saying that a single start time is standard practice.

But not everywhere.

In Pima County, for example, the current ordinance has a start time of 6 a.m. in the summer but 7 a.m. in residential areas.

The 5 a.m. start time in the new law matches up with the noise ordinances in Lake Havasu City, but places like Prescott and Scottsdale haven’t allowed such work before 6 a.m.

In Tucson, the start time is linked to sunrise, which is after 5 a.m., even on the longest day of the year.

Melonie Leslie, business director of the Arizona Masonry Council, also supported the legislation. She said it would provide relief to workers who are lifting sacks weighing 35 pounds all day.

Then there was some personal testimony from Rep. Jeff Weninger.

“I used to roof for my dad in Tucson, years and years ago, in the summer,” said the Chandler Republican. “Definitely, you had to be off the roof by 11 a.m.”

But later start times, he said, allow roofers to work only three or four hours before they would have to quit for the day.

“This will work for more expediency in road construction, more expediency in housing construction, and keep those workers safe at the same time,” Weninger said.

That, however, still leaves the question of whether the efforts to expedite construction justify disturbing nearby neighbors. Ortiz said there is no doubt in her mind about the balance.

“Without this bill, people could die of extreme heat working long hours in the middle of the day,” she said. “This is a necessary life-saving measure for construction workers.”

The governor had a different focus — housing. Press aide Christian Slater pointed out that his boss approved several bills last year designed to cut red tape in getting construction plans approved and allow, in some cases, for denser residential zoning.

“Gov. Hobbs is proud to build on her record by signing legislation that will further break down regulatory barriers to building more housing,” he said.

And for those concerned about early morning noise? Slater said that’s no problem — at least for Hobbs, using the question as an opportunity to do a bit of promotion for her ahead of what is expected to be a difficult reelection campaign next year.

“The governor is regularly awake at 5 a.m., if not earlier, working tirelessly to expand opportunity, security and freedom for the people of Arizona,” he said.

There is no word on whether others living in her Phoenix townhouse complex also are early risers.

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