To:
Rory Juneman, Law Offices of Lazarus & Sylvin, P.C., on behalf of Yavapai College
Pursuant to A.R.S. § 15-1448(H), we affirm the conclusion reached by the opinion you prepared for Yavapai College regarding whether its construction and use of 264-square-foot structures (“tiny homes”) on its campuses subjects the College to regulation by the State’s Office of Manufactured Housing (OMH). That opinion is attached hereto as Appendix A.
Specifically, the Office agrees that the College’s manufacture and installation of the tiny homes occurs “on site” because all such activities are carried out by the College—a political subdivision of the State that is statutorily authorized to engage in building construction and education—and entirely within the College’s own campuses. As such, the tiny homes at issue are not subject to OMH regulation as “factory-built buildings” under A.R.S. § 41-4001(17).
Please note that our determination is confined to these particular facts. That is, the conclusion that OMH lacks regulatory authority is necessarily dependent on the fact that the College is its own political subdivision, conducting all construction and installation within its own campuses, and for its own use. Should the College engage in any manufacture or installation of tiny homes off-campus, or utilize units, components, or labor from outside of its campuses in the installation of tiny homes on-campus, OMH may have regulatory authority.
Kris Mayes
Attorney General