By Howard Fischer
Capitol Media Services
PHOENIX -- Your ability to sleep in during the week -- at least til sunrise -- may soon be disturbed.
No. Not because of roosters. They're pretty much banned in most cities.
Instead, it's in the name of worker safety and more efficient construction of houses, apartments and commercial buildings.
A new law that took effect this past week 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 even earlier: The legislation signed by Gov. Katie Hobbs actually 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 will be able to sleep til 7 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.
But there's more than that involved.
"It's needed because 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, also is among the most vociferous supporters of knocking down local regulations she believes put 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. And Ortiz has 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.''
There was support from the business interests who would get additional work hours.
Spencer Kamps, 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. What the new law does is set a uniform standard throughout the state for getting started in the summer.
And by "uniform,'' Kamps said that means all kinds of construction, regardless of where it is occurring. He rejected the idea of one set of noise standards for business zones and another for residential areas, saying that single start time is pretty much standard practice.
But not everywhere.
In Pima County, for example, current ordinance has a start time of 6 a.m. in the summer. But it's 7 a.m. in residential areas.
Other communities have their own regulations.
That 5 a.m. start time in the new law appears to match up with the noise ordinances in Lake Havasu City. But places like Prescott and Scottsdale haven't allowed such work before 6 a.m.
And 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 spoke in support of the legislation. She said it would provide relief to workers who are lifting sacks weighing 35 pounds all day.
And 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, that allows 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 cold 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.
As to the governor, she had a different focus in deciding to sign the bill: more 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 what of being awakened at 5 a.m.? 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.
No word on whether others living in her Phoenix townhouse complex also are early risers.
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