The Arizona Legislature this year passed a law to protect construction workers from extreme heat by allowing work to start earlier in the day during the summer. But some crews say they’re still being turned away when they show up for certain early-morning jobs.
Municipalities typically have noise ordinances that dictate how early construction work can start in the morning. The new law, SB1182, requires Arizona municipalities and counties to allow construction work to begin as early as 5 a.m. on weekdays and 7 a.m. on Saturdays from May 1 through Oct. 15. And it requires concrete pouring to be allowed to begin an hour earlier than general construction.
“At least if you’re starting at 5 a.m., you’re under 100 degrees for the first hour or two, then you’re in the low 100s by the time you’re calling it quits, otherwise, you’re being exposed to temperatures that scientists say and doctors say will cause heat stroke,” said Veronica Manolio, an attorney who represents Arizona construction businesses.
The law passed with broad bipartisan support and took effect immediately when Gov. Katie Hobbs signed it in May as an emergency measure. But soon after the law took effect, Manolio said she started hearing from construction workers that some homeowners associations were telling crews that the law does not apply to their private communities, since it only specifies rules for municipalities and counties.
Manolio said one HOA, the Grayhawk Community in Scottsdale, actually called the police when her clients arrived at 5 a.m.
“Officers actually showed up to my client’s early-morning crew and said, ‘Are you trespassing?’ and they’re like, ‘No, we’re here to do contract work,’” Manolio said. “It was just, ‘well, you’re not allowed. We think we’re better than you and we don’t need the noise in our neighborhood.’”
In a statement via email, Curtis Ekmark, attorney for the Grayhawk Community, said HOAs have the right to enforce community-specific policies.
“We understand and empathize with the challenges construction workers face in the Arizona summer. However, it is important to clarify that SB1182 applies to cities and municipalities. [...] Given the passage of this new law, Grayhawk Community Association will be reviewing our current vendor work hours to determine whether adjustments are appropriate or feasible.”
Manolio said she wants courts to interpret the new law, but she said the construction businesses she represents do not want to risk their relationships with homebuilders by suing.
She said the Legislature may need to revise the law.
“It’s frustrating that HOAs are interpreting the law as though it does not apply to them,” said Sen. Analise Ortiz (D-Phoenix), who sponsored SB1182. “I am looking forward next year to working on some amendments to the law to make it crystal clear that this applies to HOAs as well.”
EDITOR’S NOTE: This story has been updated to include a statement from attorney Curtis Ekmark.
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