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uca_title_15A.txt
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uca_title_15A.txt
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Utah Code Annotated - Title 15A - State Construction and Fire Codes Act
=======================================================================
Utah Code Annotated - Title 15A - Chapter 1 - General Chapter
*************************************************************
Utah Code Annotated § 15A-1-101 Titles.
---------------------------------------
Utah Code Annotated § 15A-1-101(1): This title is known as the "State Construction and Fire Codes Act."
Utah Code Annotated § 15A-1-101(2): This chapter is known as "General Chapter."
Utah Code Annotated § 15A-1-102 Definitions.
--------------------------------------------
As used in this title:Utah Code Annotated § 15A-1-102(1): 53-7-203 "Board" means the Utah Fire Prevention Board created in Section
Utah Code Annotated § 15A-1-102(2): 58-1-103; Part 4, State Fire Code Administration Act; Chapter 5, State Fire Code Act "Division" means the Division of Professional Licensing created in Section
Utah Code Annotated § 15A-1-102(2)(a): Part 4, State Fire Code Administration Act
Utah Code Annotated § 15A-1-102(2)(b): Chapter 5, State Fire Code Act
Utah Code Annotated § 15A-1-102(3): Chapter 2, Adoption of State Construction Code; Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code; Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code; Chapter 4, Local Amendments Incorporated as Part of State Construction Code; Chapter 6, Additional Construction Requirements "State Construction Code" means the State Construction Code adopted by:
Utah Code Annotated § 15A-1-102(3)(a): Chapter 2, Adoption of State Construction Code
Utah Code Annotated § 15A-1-102(3)(b): Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code
Utah Code Annotated § 15A-1-102(3)(c): Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code
Utah Code Annotated § 15A-1-102(3)(d): Chapter 4, Local Amendments Incorporated as Part of State Construction Code
Utah Code Annotated § 15A-1-102(3)(e): Chapter 6, Additional Construction Requirements
Utah Code Annotated § 15A-1-102(4): Chapter 5, State Fire Code Act "State Fire Code" means the State Fire Code adopted by
Utah Code Annotated § 15A-1-102(5): "Utah Code" means the Utah Code Annotated (1953), as amended.
Utah Code Annotated § 15A-1-103 Formatting powers.
--------------------------------------------------
Utah Code Annotated § 15A-1-103(1): 15A-1-205 As part of the division's compliance with Section
Utah Code Annotated § 15A-1-103(2): Part 4, State Fire Code Administration Act; Title 53, Chapter 7, Utah Fire Prevention and Safety Act Consistent with
Utah Code Annotated § 15A-1-104 Permit approval required -- Certificate of occupancy valid.
-------------------------------------------------------------------------------------------
Utah Code Annotated § 15A-1-104(1): 15A-1-204; 15A-1-202; 15A-1-209 As used in this section:
Utah Code Annotated § 15A-1-104(1)(a): 15A-1-204 "Completed noncompliant structure" means a structure that was constructed and completed without:
Utah Code Annotated § 15A-1-104(1)(a)(i): obtaining a building permit;
Utah Code Annotated § 15A-1-104(1)(a)(ii): passing inspections; or
Utah Code Annotated § 15A-1-104(1)(a)(iii): 15A-1-204 obtaining a certificate of occupancy as required by Section
Utah Code Annotated § 15A-1-104(1)(b): 15A-1-202 "Compliance agency" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-104(1)(c): 15A-1-209 "Project" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-104(2): A compliance agency for a political subdivision may not reject a permit, or withhold approval of a project whenever approval is required, for failure to comply with the applicable provisions of this title unless the compliance agency:
Utah Code Annotated § 15A-1-104(2)(a): cites with specificity the applicable provision with which the project has failed to comply; and
Utah Code Annotated § 15A-1-104(2)(b): describes how the project has failed to comply.
Utah Code Annotated § 15A-1-104(3): A municipality may not withhold a permit or project approval for a project because of a completed noncompliant structure on the same property provided that the completed noncompliant structure:
Utah Code Annotated § 15A-1-104(3)(a): has been completed for five years or more;
Utah Code Annotated § 15A-1-104(3)(b): does not pose a health, life, or safety concern;
Utah Code Annotated § 15A-1-104(3)(c): is unrelated to, independent from, and not affected by the project; and
Utah Code Annotated § 15A-1-104(3)(d): is outside the scope of work under the permit for the project.
Utah Code Annotated § 15A-1-104(4): A municipality may require additional permitting, engineering, or inspections for a completed noncompliant structure if it:
Utah Code Annotated § 15A-1-104(4)(a): has been completed for ten years or less; or
Utah Code Annotated § 15A-1-104(4)(b): poses a health, life, or safety concern.
Utah Code Annotated § 15A-1-104(5): If a compliance agency or a representative of a compliance agency issues a certificate of occupancy, the compliance agency may not withdraw the certificate of occupancy or exert additional jurisdiction over the elements of the project for which the certificate was issued unless additional changes or modifications requiring a building permit are made to elements of the project after the certificate was issued.
Utah Code Annotated § 15A-1-105 Third-party inspection firms.
-------------------------------------------------------------
Utah Code Annotated § 15A-1-105(1): 15A-1-102 As used in this section:
Utah Code Annotated § 15A-1-105(1)(a): "Building permit applicant" means a person who applies to a local regulator for a building permit.
Utah Code Annotated § 15A-1-105(1)(b): "Inspection" means a physical examination of all aspects of a structure to ensure compliance with the State Construction Code.
Utah Code Annotated § 15A-1-105(1)(c): 15A-1-102 "Local regulator" means the same as that terms is defined in Section
Utah Code Annotated § 15A-1-105(1)(d): "Third-party inspection firm" means an entity that is:
Utah Code Annotated § 15A-1-105(1)(d)(i): licensed under Title 58, Chapter 56, Building Inspector and Factory Built Housing Licensing;
Utah Code Annotated § 15A-1-105(1)(d)(ii): independent, but may include a building inspector for an adjacent city or county; and
Utah Code Annotated § 15A-1-105(1)(d)(iii): included on the local regulator's third-party inspection firm list.
Utah Code Annotated § 15A-1-105(1)(e): "Third-party inspection firm list" means a list of:
Utah Code Annotated § 15A-1-105(1)(e)(i): for a first, second, third, or fourth class county, or a municipality located within a first, second, third, or fourth class county, three or more third-party inspection firms approved by the local regulator; or
Utah Code Annotated § 15A-1-105(1)(e)(ii): for a fifth or sixth class county, or a municipality located within a fifth or sixth class county, one or more third-party inspection firms approved by the local regulator.
Utah Code Annotated § 15A-1-105(2): 10-6-160; 17-36-55
Utah Code Annotated § 15A-1-105(2)(a): 10-6-160; 17-36-55 Subject to the provisions of this section and Subsections
Utah Code Annotated § 15A-1-105(2)(b): If a building permit applicant wishes to engage a third-party inspection firm in accordance with Subsection (2)(a), the building permit applicant shall first notify the local regulator of the third-party inspection firm the building permit applicant intends to engage.
Utah Code Annotated § 15A-1-105(2)(c): Upon completing the inspection, the third-party inspection firm shall submit the inspection report to the local regulator.
Utah Code Annotated § 15A-1-105(2)(d):
Utah Code Annotated § 15A-1-105(2)(d)(i): The local regulator shall pay the cost of the inspection to the third-party inspection firm after the local regulator receives the third-party inspection report indicating the third-party inspection firm completed the inspection.
Utah Code Annotated § 15A-1-105(2)(d)(ii): This section does not require a local regulator to pay for an inspection that exceeds the scope of work identified under the original request for inspection.
Utah Code Annotated § 15A-1-105(3):
Utah Code Annotated § 15A-1-105(3)(a): The local regulator shall issue a certificate of occupancy to the building permit applicant if the third-party inspection firm:
Utah Code Annotated § 15A-1-105(3)(a)(i): completes the inspection; and
Utah Code Annotated § 15A-1-105(3)(a)(ii): submits the inspection report to the local regulator.
Utah Code Annotated § 15A-1-105(3)(b): The local regulator shall promptly issue the certificate of occupancy or letter of completion after the third-party inspection firm submits the final inspection report to the local regulator as described in Subsection (3)(a)(ii).
Utah Code Annotated § 15A-1-105(4): A local regulator is not liable for any inspection performed by a third-party inspection firm.
Utah Code Annotated § 15A-1-201 Title.
--------------------------------------
This part is known as the "State Construction Code Administration Act."
Utah Code Annotated § 15A-1-202 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 15A-1-202(1): "Agricultural use" means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals.
Utah Code Annotated § 15A-1-202(2): 15A-1-204
Utah Code Annotated § 15A-1-202(2)(a): 15A-1-204 "Approved code" means a code, including the standards and specifications contained in the code, approved by the division under Section
Utah Code Annotated § 15A-1-202(2)(b): "Approved code" does not include the State Construction Code.
Utah Code Annotated § 15A-1-202(3): "Building" means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it.
Utah Code Annotated § 15A-1-202(4): 15A-1-105 "Building permit applicant" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-202(5): "Code" means:
Utah Code Annotated § 15A-1-202(5)(a): the State Construction Code; or
Utah Code Annotated § 15A-1-202(5)(b): an approved code.
Utah Code Annotated § 15A-1-202(6): 15A-1-203 "Commission" means the Uniform Building Code Commission created in Section
Utah Code Annotated § 15A-1-202(7): 15A-1-105 "Compliance agency" means:
Utah Code Annotated § 15A-1-202(7)(a): an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes;
Utah Code Annotated § 15A-1-202(7)(b): any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes;
Utah Code Annotated § 15A-1-202(7)(c): 15A-1-105 a third-party inspection firm as defined in Section
Utah Code Annotated § 15A-1-202(7)(d): any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than this part and Part 3, Factory Built Housing and Modular Units Administration Act.
Utah Code Annotated § 15A-1-202(8): 15A-1-204 "Construction code" means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection
Utah Code Annotated § 15A-1-202(8)(a): a building code;
Utah Code Annotated § 15A-1-202(8)(b): an electrical code;
Utah Code Annotated § 15A-1-202(8)(c): a residential one and two family dwelling code;
Utah Code Annotated § 15A-1-202(8)(d): a plumbing code;
Utah Code Annotated § 15A-1-202(8)(e): a mechanical code;
Utah Code Annotated § 15A-1-202(8)(f): a fuel gas code;
Utah Code Annotated § 15A-1-202(8)(g): an energy conservation code;
Utah Code Annotated § 15A-1-202(8)(h): a swimming pool and spa code;
Utah Code Annotated § 15A-1-202(8)(i): a manufactured housing installation standard code; and
Utah Code Annotated § 15A-1-202(8)(j): Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as specifically modified by provisions of this title governing modular units.
Utah Code Annotated § 15A-1-202(9): 38-1a-102 "Construction project" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-202(10): "Executive director" means the executive director of the Department of Commerce.
Utah Code Annotated § 15A-1-202(11): "Legislative action" includes legislation that:
Utah Code Annotated § 15A-1-202(11)(a): adopts a new State Construction Code;
Utah Code Annotated § 15A-1-202(11)(b): amends the State Construction Code; or
Utah Code Annotated § 15A-1-202(11)(c): repeals one or more provisions of the State Construction Code.
Utah Code Annotated § 15A-1-202(12):
Utah Code Annotated § 15A-1-202(12)(a): "Local regulator" means a political subdivision of the state that is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, installation, inspection, or other activities subject to the codes.
Utah Code Annotated § 15A-1-202(12)(b): "Local regulator" may include the local regulator's designee.
Utah Code Annotated § 15A-1-202(13): "Membrane-covered frame structure" means a nonpressurized building with a structure composed of a rigid framework to support a tensioned membrane that provides a weather barrier.
Utah Code Annotated § 15A-1-202(14): "Not for human occupancy" means use of a structure for purposes other than protection or comfort of human beings, but allows people to enter the structure for:
Utah Code Annotated § 15A-1-202(14)(a): maintenance or repair; or
Utah Code Annotated § 15A-1-202(14)(b): the care of livestock, crops, or equipment intended for agricultural use which are kept there.
Utah Code Annotated § 15A-1-202(15): "Opinion" means a written, nonbinding, and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue.
Utah Code Annotated § 15A-1-202(16): "Remote yurt" means a membrane-covered frame structure that:
Utah Code Annotated § 15A-1-202(16)(a): is no larger than 710 square feet;
Utah Code Annotated § 15A-1-202(16)(b): is not used as a permanent residence;
Utah Code Annotated § 15A-1-202(16)(c): is located in an unincorporated county area that is not zoned for residential, commercial, industrial, or agricultural use;
Utah Code Annotated § 15A-1-202(16)(d): does not have plumbing or electricity;
Utah Code Annotated § 15A-1-202(16)(e): is set back at least 300 feet from any river, stream, lake, or other body of water; and
Utah Code Annotated § 15A-1-202(16)(f): is registered with the local health department.
Utah Code Annotated § 15A-1-202(17): "State regulator" means an agency of the state which is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes adopted pursuant to this chapter.
Utah Code Annotated § 15A-1-203 Uniform Building Code Commission -- Unified Code Analysis Council.
--------------------------------------------------------------------------------------------------
Utah Code Annotated § 15A-1-203(1): There is created a Uniform Building Code Commission to advise the division with respect to the division's responsibilities in administering the codes.
Utah Code Annotated § 15A-1-203(2): The commission shall consist of 13 members as follows:
Utah Code Annotated § 15A-1-203(2)(a): one member shall be a heating, ventilation, and air conditioning contractor licensed by the state;
Utah Code Annotated § 15A-1-203(2)(b): one member shall be a licensed building inspector nominated by the Utah League of Cities and Towns;
Utah Code Annotated § 15A-1-203(2)(c): one member shall be a licensed professional engineer;
Utah Code Annotated § 15A-1-203(2)(d): one member shall be a licensed architect;
Utah Code Annotated § 15A-1-203(2)(e): one member shall be:
Utah Code Annotated § 15A-1-203(2)(e)(i): a licensed architect who specializes in residential architecture; or
Utah Code Annotated § 15A-1-203(2)(e)(ii): a residential home designer;
Utah Code Annotated § 15A-1-203(2)(f): one member shall be a member of an association of building owners;
Utah Code Annotated § 15A-1-203(2)(g): one member shall be a fire official;
Utah Code Annotated § 15A-1-203(2)(h): four members shall be contractors licensed by the state, of which:
Utah Code Annotated § 15A-1-203(2)(h)(i): two shall be general contractors, one of which shall specialize in residential construction;
Utah Code Annotated § 15A-1-203(2)(h)(ii): one shall be an electrical contractor; and
Utah Code Annotated § 15A-1-203(2)(h)(iii): one shall be a plumbing contractor;
Utah Code Annotated § 15A-1-203(2)(i): one member shall be from the general public and have no affiliation with the construction industry or real estate development industry; and
Utah Code Annotated § 15A-1-203(2)(j): one member shall be from the Division of Facilities Construction and Management of the Department of Government Operations.
Utah Code Annotated § 15A-1-203(3):
Utah Code Annotated § 15A-1-203(3)(a): The executive director shall appoint each commission member after submitting a nomination to the governor for confirmation or rejection.
Utah Code Annotated § 15A-1-203(3)(b):
Utah Code Annotated § 15A-1-203(3)(b)(i): If the governor rejects a nominee, the executive director shall submit an alternative nominee until the governor confirms the nomination.
Utah Code Annotated § 15A-1-203(3)(b)(ii): An appointment is effective after the governor confirms the nomination.
Utah Code Annotated § 15A-1-203(4): (4)(b); (4)(a)
Utah Code Annotated § 15A-1-203(4)(a): (4)(b) Except as required by Subsection
Utah Code Annotated § 15A-1-203(4)(b): (4)(a) Notwithstanding the requirements of Subsection
Utah Code Annotated § 15A-1-203(5): When a vacancy occurs in the commission membership for any reason, the executive director shall appoint a replacement for the unexpired term.
Utah Code Annotated § 15A-1-203(6):
Utah Code Annotated § 15A-1-203(6)(a): A commission member may not serve more than two full terms.
Utah Code Annotated § 15A-1-203(6)(b): A commission member who ceases to serve may not again serve on the commission until after the expiration of two years after the day on which service ceased.
Utah Code Annotated § 15A-1-203(7): A majority of the commission members constitute a quorum and may act on behalf of the commission.
Utah Code Annotated § 15A-1-203(8): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 A commission member may not receive compensation or benefits for the commission member's service, but may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 15A-1-203(8)(a): 63A-3-106 Section
Utah Code Annotated § 15A-1-203(8)(b): 63A-3-107 Section
Utah Code Annotated § 15A-1-203(8)(c): 63A-3-106; 63A-3-107 rules made by the Division of Finance pursuant to Sections
Utah Code Annotated § 15A-1-203(9):
Utah Code Annotated § 15A-1-203(9)(a): The commission shall annually designate one of the commission's members to serve as chair of the commission.
Utah Code Annotated § 15A-1-203(9)(b): The division shall provide a secretary to facilitate the function of the commission and to record the commission's actions and recommendations.
Utah Code Annotated § 15A-1-203(10): 15A-1-204; 15A-1-207; 15A-1-209 The commission shall:
Utah Code Annotated § 15A-1-203(10)(a): 15A-1-204 in accordance with Section
Utah Code Annotated § 15A-1-203(10)(b): 15A-1-207 act as an appeals board as provided in Section
Utah Code Annotated § 15A-1-203(10)(c): establish advisory peer committees on either a standing or ad hoc basis to advise the commission with respect to matters related to a code, including a committee to advise the commission regarding health matters related to a plumbing code; and
Utah Code Annotated § 15A-1-203(10)(d): 15A-1-209 assist the division in overseeing code-related training in accordance with Section
Utah Code Annotated § 15A-1-203(11): (10)(c); Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 15A-1-203(11)(a): (10)(c) In a manner consistent with Subsection
Utah Code Annotated § 15A-1-203(11)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission and Utah Fire Prevention Board shall jointly, by rule made in accordance with
Utah Code Annotated § 15A-1-203(11)(b)(i): the appointment of members to the Unified Code Analysis Council; and
Utah Code Annotated § 15A-1-203(11)(b)(ii): procedures followed by the Unified Code Analysis Council.
Utah Code Annotated § 15A-1-204 Adoption of State Construction Code -- Amendments by commission -- Approved codes -- Exemptions.
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Utah Code Annotated § 15A-1-204(1):
Utah Code Annotated § 15A-1-204(1)(a): The State Construction Code is the construction codes adopted with any modifications in accordance with this section that the state and each political subdivision of the state shall follow.
Utah Code Annotated § 15A-1-204(1)(b): A person shall comply with the applicable provisions of the State Construction Code when:
Utah Code Annotated § 15A-1-204(1)(b)(i): new construction is involved; and
Utah Code Annotated § 15A-1-204(1)(b)(ii): the owner of an existing building, or the owner's agent, is voluntarily engaged in:
Utah Code Annotated § 15A-1-204(1)(b)(ii)(A): the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation, or reconstruction of the building; or
Utah Code Annotated § 15A-1-204(1)(b)(ii)(B): changing the character or use of the building in a manner that increases the occupancy loads, other demands, or safety risks of the building.
Utah Code Annotated § 15A-1-204(1)(c): On and after July 1, 2010, the State Construction Code is the State Construction Code in effect on July 1, 2010, until in accordance with this section:
Utah Code Annotated § 15A-1-204(1)(c)(i): a new State Construction Code is adopted; or
Utah Code Annotated § 15A-1-204(1)(c)(ii): one or more provisions of the State Construction Code are amended or repealed in accordance with this section.
Utah Code Annotated § 15A-1-204(1)(d): A provision of the State Construction Code may be applicable:
Utah Code Annotated § 15A-1-204(1)(d)(i): to the entire state; or
Utah Code Annotated § 15A-1-204(1)(d)(ii): within a county, city, or town.
Utah Code Annotated § 15A-1-204(2): (2)(a); (6)
Utah Code Annotated § 15A-1-204(2)(a): The Legislature shall adopt a State Construction Code by enacting legislation that adopts a nationally recognized construction code with any modifications.
Utah Code Annotated § 15A-1-204(2)(b): (2)(a) Legislation described in Subsection
Utah Code Annotated § 15A-1-204(2)(c): (6) Subject to Subsection
Utah Code Annotated § 15A-1-204(2)(c)(i): adopting a new State Construction Code in its entirety; or
Utah Code Annotated § 15A-1-204(2)(c)(ii): amending or repealing one or more provisions of the State Construction Code.
Utah Code Annotated § 15A-1-204(3): (3)(b); (4); (4)
Utah Code Annotated § 15A-1-204(3)(a): (3)(b); (4) Except as provided in Subsection
Utah Code Annotated § 15A-1-204(3)(b): (4) For the provisions of a nationally recognized construction code that apply only to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures, the commission shall prepare a report described in Subsection
Utah Code Annotated § 15A-1-204(4): (3); 68-3-14; (4)(a)
Utah Code Annotated § 15A-1-204(4)(a): (3); 68-3-14 In accordance with Subsection
Utah Code Annotated § 15A-1-204(4)(a)(i): states whether the commission recommends the Legislature adopt the update with any modifications; and
Utah Code Annotated § 15A-1-204(4)(a)(ii): describes the costs and benefits of each recommended change in the update or in any modification.
Utah Code Annotated § 15A-1-204(4)(b): (4)(a) After the Business and Labor Interim Committee receives the report described in Subsection
Utah Code Annotated § 15A-1-204(4)(b)(i): study the recommendations; and
Utah Code Annotated § 15A-1-204(4)(b)(ii): if the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, prepare legislation for consideration by the Legislature in the next general session.
Utah Code Annotated § 15A-1-204(5): (4); 68-3-14; (5)(a)(i)
Utah Code Annotated § 15A-1-204(5)(a): (4); 68-3-14; (5)(a)(i)
Utah Code Annotated § 15A-1-204(5)(a)(i): (4); 68-3-14 The commission shall, by no later than September 1 of each year in which the commission is not required to submit a report described in Subsection
Utah Code Annotated § 15A-1-204(5)(a)(ii): (5)(a)(i) As part of a recommendation described in Subsection
Utah Code Annotated § 15A-1-204(5)(b): The commission may recommend legislative action related to the State Construction Code:
Utah Code Annotated § 15A-1-204(5)(b)(i): on the commission's own initiative;
Utah Code Annotated § 15A-1-204(5)(b)(ii): upon the recommendation of the division; or
Utah Code Annotated § 15A-1-204(5)(b)(iii): upon the receipt of a request by one of the following that the commission recommend legislative action related to the State Construction Code:
Utah Code Annotated § 15A-1-204(5)(b)(iii)(A): a local regulator;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(B): a state regulator;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(C): a state agency involved with the construction and design of a building;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(D): the Construction Services Commission;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(E): the Electrician Licensing Board;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(F): the Plumbers Licensing Board; or
Utah Code Annotated § 15A-1-204(5)(b)(iii)(G): a recognized construction-related association.
Utah Code Annotated § 15A-1-204(5)(c): If the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, the Business and Labor Interim Committee shall prepare legislation for consideration by the Legislature in the next general session.
Utah Code Annotated § 15A-1-204(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (6); (6); 15A-1-205; 68-3-14; (6)(b)(ii); (6)
Utah Code Annotated § 15A-1-204(6)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act Notwithstanding the provisions of this section, the commission may, in accordance with
Utah Code Annotated § 15A-1-204(6)(a)(i): cause an imminent peril to the public health, safety, or welfare; or
Utah Code Annotated § 15A-1-204(6)(a)(ii): place a person in violation of federal or other state law.
Utah Code Annotated § 15A-1-204(6)(b): (6) If the commission amends the State Construction Code in accordance with this Subsection
Utah Code Annotated § 15A-1-204(6)(b)(i): the text of the amendment to the State Construction Code; and
Utah Code Annotated § 15A-1-204(6)(b)(ii): an analysis that includes the specific reasons and justifications for the commission's findings.
Utah Code Annotated § 15A-1-204(6)(c): (6); 15A-1-205; 68-3-14; (6)(b)(ii) If the State Construction Code is amended under this Subsection
Utah Code Annotated § 15A-1-204(6)(c)(i): 15A-1-205 publish the amendment to the State Construction Code in accordance with Section
Utah Code Annotated § 15A-1-204(6)(c)(ii): 68-3-14; (6)(b)(ii) prepare and submit, in accordance with Section
Utah Code Annotated § 15A-1-204(6)(d): (6) If not formally adopted by the Legislature at the next annual general session, an amendment to the State Construction Code under this Subsection
Utah Code Annotated § 15A-1-204(7): (7)(a)
Utah Code Annotated § 15A-1-204(7)(a): The division, in consultation with the commission, may approve, without adopting, one or more approved codes, including a specific edition of a construction code, for use by a compliance agency.
Utah Code Annotated § 15A-1-204(7)(b): (7)(a) If the code adopted by a compliance agency is an approved code described in Subsection
Utah Code Annotated § 15A-1-204(7)(b)(i): adopt an ordinance requiring removal, demolition, or repair of a building;
Utah Code Annotated § 15A-1-204(7)(b)(ii): adopt, by ordinance or rule, a dangerous building code; or
Utah Code Annotated § 15A-1-204(7)(b)(iii): adopt, by ordinance or rule, a building rehabilitation code.
Utah Code Annotated § 15A-1-204(8): (6); (7); (9); (10) Except as provided in Subsections
Utah Code Annotated § 15A-1-204(9): A state executive branch entity or political subdivision of the state may:
Utah Code Annotated § 15A-1-204(9)(a): enforce a federal law or regulation;
Utah Code Annotated § 15A-1-204(9)(b): adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or requirement applies only to a facility or construction owned or used by a state entity or a political subdivision of the state; or
Utah Code Annotated § 15A-1-204(9)(c): enforce a rule, ordinance, or requirement:
Utah Code Annotated § 15A-1-204(9)(c)(i): that the state executive branch entity or political subdivision adopted or made effective before July 1, 2015; and
Utah Code Annotated § 15A-1-204(9)(c)(ii): for which the state executive branch entity or political subdivision can demonstrate, with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an individual from a condition likely to cause imminent injury or death.
Utah Code Annotated § 15A-1-204(10): The Department of Health and Human Services or the Department of Environmental Quality may enforce a rule or requirement adopted before January 1, 2015.
Utah Code Annotated § 15A-1-204(11): (11)(b); 59-12-104(20); (11)(a); (11)(a); Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; (11)(a); Title 17, Chapter 27a, Part 6, Subdivisions
Utah Code Annotated § 15A-1-204(11)(a): (11)(b); 59-12-104(20) Except as provided in Subsection
Utah Code Annotated § 15A-1-204(11)(b): (11)(a); (11)(a); Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; (11)(a); Title 17, Chapter 27a, Part 6, Subdivisions
Utah Code Annotated § 15A-1-204(11)(b)(i): (11)(a); (11)(a) Unless exempted by a provision other than Subsection
Utah Code Annotated § 15A-1-204(11)(b)(ii): Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; (11)(a); Title 17, Chapter 27a, Part 6, Subdivisions Unless located in whole or in part in an agricultural protection area created under
Utah Code Annotated § 15A-1-204(11)(b)(ii)(A): within the boundaries of a city or town, and less than five contiguous acres; or
Utah Code Annotated § 15A-1-204(11)(b)(ii)(B): Title 17, Chapter 27a, Part 6, Subdivisions within a subdivision for which the county has approved a subdivision plat under
Utah Code Annotated § 15A-1-204(12): (12)(a); 15A-5-104; 19-5-125; Title 19, Chapter 5, Water Quality Act
Utah Code Annotated § 15A-1-204(12)(a): A remote yurt is exempt from the State Construction Code including the permit requirements of the State Construction Code.
Utah Code Annotated § 15A-1-204(12)(b): (12)(a); 15A-5-104; 19-5-125; Title 19, Chapter 5, Water Quality Act Notwithstanding Subsection
Utah Code Annotated § 15A-1-204(12)(b)(i): the State Construction Code;
Utah Code Annotated § 15A-1-204(12)(b)(ii): 15A-5-104 notwithstanding Section
Utah Code Annotated § 15A-1-204(12)(b)(iii): 19-5-125; Title 19, Chapter 5, Water Quality Act notwithstanding Section
Utah Code Annotated § 15A-1-204 Adoption of State Construction Code -- Amendments by commission -- Approved codes -- Exemptions.
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Utah Code Annotated § 15A-1-204(1):
Utah Code Annotated § 15A-1-204(1)(a): The State Construction Code is the construction codes adopted with any modifications in accordance with this section that the state and each political subdivision of the state shall follow.
Utah Code Annotated § 15A-1-204(1)(b): A person shall comply with the applicable provisions of the State Construction Code when:
Utah Code Annotated § 15A-1-204(1)(b)(i): new construction is involved; and
Utah Code Annotated § 15A-1-204(1)(b)(ii): the owner of an existing building, or the owner's agent, is voluntarily engaged in:
Utah Code Annotated § 15A-1-204(1)(b)(ii)(A): the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation, or reconstruction of the building; or
Utah Code Annotated § 15A-1-204(1)(b)(ii)(B): changing the character or use of the building in a manner that increases the occupancy loads, other demands, or safety risks of the building.
Utah Code Annotated § 15A-1-204(1)(c): On and after July 1, 2010, the State Construction Code is the State Construction Code in effect on July 1, 2010, until in accordance with this section:
Utah Code Annotated § 15A-1-204(1)(c)(i): a new State Construction Code is adopted; or
Utah Code Annotated § 15A-1-204(1)(c)(ii): one or more provisions of the State Construction Code are amended or repealed in accordance with this section.
Utah Code Annotated § 15A-1-204(1)(d): A provision of the State Construction Code may be applicable:
Utah Code Annotated § 15A-1-204(1)(d)(i): to the entire state; or
Utah Code Annotated § 15A-1-204(1)(d)(ii): within a county, city, or town.
Utah Code Annotated § 15A-1-204(2):
Utah Code Annotated § 15A-1-204(2)(a): The Legislature shall adopt a State Construction Code by enacting legislation that adopts a nationally recognized construction code with any modifications.
Utah Code Annotated § 15A-1-204(2)(b): Legislation described in Subsection (2)(a) shall state that the legislation takes effect on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the legislation.
Utah Code Annotated § 15A-1-204(2)(c): Subject to Subsection (6), a State Construction Code adopted by the Legislature is the State Construction Code until, in accordance with this section, the Legislature adopts a new State Construction Code by:
Utah Code Annotated § 15A-1-204(2)(c)(i): adopting a new State Construction Code in its entirety; or
Utah Code Annotated § 15A-1-204(2)(c)(ii): amending or repealing one or more provisions of the State Construction Code.
Utah Code Annotated § 15A-1-204(3):
Utah Code Annotated § 15A-1-204(3)(a): Except as provided in Subsection (3)(b), for each update of a nationally recognized construction code, the commission shall prepare a report described in Subsection (4).
Utah Code Annotated § 15A-1-204(3)(b): For the provisions of a nationally recognized construction code that apply only to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures, the commission shall prepare a report described in Subsection (4) in 2022 and, thereafter, for every second update of the nationally recognized construction code.
Utah Code Annotated § 15A-1-204(4): 68-3-14
Utah Code Annotated § 15A-1-204(4)(a): 68-3-14 In accordance with Subsection (3), on or before September 1 of the year after the year designated in the title of a nationally recognized construction code, the commission shall prepare and submit, in accordance with Section
Utah Code Annotated § 15A-1-204(4)(a)(i): states whether the commission recommends the Legislature adopt the update with any modifications; and
Utah Code Annotated § 15A-1-204(4)(a)(ii): describes the costs and benefits of each recommended change in the update or in any modification.
Utah Code Annotated § 15A-1-204(4)(b): After the Business and Labor Interim Committee receives the report described in Subsection (4)(a), the Business and Labor Interim Committee shall:
Utah Code Annotated § 15A-1-204(4)(b)(i): study the recommendations; and
Utah Code Annotated § 15A-1-204(4)(b)(ii): if the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, prepare legislation for consideration by the Legislature in the next general session.
Utah Code Annotated § 15A-1-204(5): 68-3-14
Utah Code Annotated § 15A-1-204(5)(a): 68-3-14
Utah Code Annotated § 15A-1-204(5)(a)(i): 68-3-14 The commission shall, by no later than September 1 of each year in which the commission is not required to submit a report described in Subsection (4), submit, in accordance with Section
Utah Code Annotated § 15A-1-204(5)(a)(ii): As part of a recommendation described in Subsection (5)(a)(i), the commission shall describe the costs and benefits of each proposed amendment or repeal.
Utah Code Annotated § 15A-1-204(5)(b): The commission may recommend legislative action related to the State Construction Code:
Utah Code Annotated § 15A-1-204(5)(b)(i): on the commission's own initiative;
Utah Code Annotated § 15A-1-204(5)(b)(ii): upon the recommendation of the division; or
Utah Code Annotated § 15A-1-204(5)(b)(iii): upon the receipt of a request by one of the following that the commission recommend legislative action related to the State Construction Code:
Utah Code Annotated § 15A-1-204(5)(b)(iii)(A): a local regulator;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(B): a state regulator;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(C): a state agency involved with the construction and design of a building;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(D): the Construction Services Commission;
Utah Code Annotated § 15A-1-204(5)(b)(iii)(E): the Electricians and Plumbers Licensing Board; or
Utah Code Annotated § 15A-1-204(5)(b)(iii)(F): a recognized construction-related association.
Utah Code Annotated § 15A-1-204(5)(c): If the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, the Business and Labor Interim Committee shall prepare legislation for consideration by the Legislature in the next general session.
Utah Code Annotated § 15A-1-204(6): 15A-1-205; 68-3-14
Utah Code Annotated § 15A-1-204(6)(a): Notwithstanding the provisions of this section, the commission may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State Construction Code if the commission determines that waiting for legislative action in the next general legislative session would:
Utah Code Annotated § 15A-1-204(6)(a)(i): cause an imminent peril to the public health, safety, or welfare; or
Utah Code Annotated § 15A-1-204(6)(a)(ii): place a person in violation of federal or other state law.
Utah Code Annotated § 15A-1-204(6)(b): If the commission amends the State Construction Code in accordance with this Subsection (6), the commission shall file with the division:
Utah Code Annotated § 15A-1-204(6)(b)(i): the text of the amendment to the State Construction Code; and
Utah Code Annotated § 15A-1-204(6)(b)(ii): an analysis that includes the specific reasons and justifications for the commission's findings.
Utah Code Annotated § 15A-1-204(6)(c): 15A-1-205; 68-3-14 If the State Construction Code is amended under this Subsection (6), the division shall:
Utah Code Annotated § 15A-1-204(6)(c)(i): 15A-1-205 publish the amendment to the State Construction Code in accordance with Section
Utah Code Annotated § 15A-1-204(6)(c)(ii): 68-3-14 prepare and submit, in accordance with Section
Utah Code Annotated § 15A-1-204(6)(d): If not formally adopted by the Legislature at the next annual general session, an amendment to the State Construction Code under this Subsection (6) is repealed on the July 1 immediately following the next annual general session that follows the adoption of the amendment.
Utah Code Annotated § 15A-1-204(7):
Utah Code Annotated § 15A-1-204(7)(a): The division, in consultation with the commission, may approve, without adopting, one or more approved codes, including a specific edition of a construction code, for use by a compliance agency.
Utah Code Annotated § 15A-1-204(7)(b): If the code adopted by a compliance agency is an approved code described in Subsection (7)(a), the compliance agency may:
Utah Code Annotated § 15A-1-204(7)(b)(i): adopt an ordinance requiring removal, demolition, or repair of a building;
Utah Code Annotated § 15A-1-204(7)(b)(ii): adopt, by ordinance or rule, a dangerous building code; or
Utah Code Annotated § 15A-1-204(7)(b)(iii): adopt, by ordinance or rule, a building rehabilitation code.
Utah Code Annotated § 15A-1-204(8): Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in state law, a state executive branch entity or political subdivision of the state may not, after December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject specifically addressed by, and that is more restrictive than, the State Construction Code.
Utah Code Annotated § 15A-1-204(9): A state executive branch entity or political subdivision of the state may:
Utah Code Annotated § 15A-1-204(9)(a): enforce a federal law or regulation;
Utah Code Annotated § 15A-1-204(9)(b): adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or requirement applies only to a facility or construction owned or used by a state entity or a political subdivision of the state; or
Utah Code Annotated § 15A-1-204(9)(c): enforce a rule, ordinance, or requirement:
Utah Code Annotated § 15A-1-204(9)(c)(i): that the state executive branch entity or political subdivision adopted or made effective before July 1, 2015; and
Utah Code Annotated § 15A-1-204(9)(c)(ii): for which the state executive branch entity or political subdivision can demonstrate, with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an individual from a condition likely to cause imminent injury or death.
Utah Code Annotated § 15A-1-204(10): The Department of Health and Human Services or the Department of Environmental Quality may enforce a rule or requirement adopted before January 1, 2015.
Utah Code Annotated § 15A-1-204(11): 59-12-104
Utah Code Annotated § 15A-1-204(11)(a): 59-12-104 Except as provided in Subsection (11)(b), a structure used solely in conjunction with agriculture use, and not for human occupancy, or a structure that is no more than 1,500 square feet and used solely for the type of sales described in Subsection
Utah Code Annotated § 15A-1-204(11)(b):
Utah Code Annotated § 15A-1-204(11)(b)(i): Unless exempted by a provision other than Subsection (11)(a), a plumbing, electrical, and mechanical permit may be required when that work is included in a structure described in Subsection (11)(a).
Utah Code Annotated § 15A-1-204(11)(b)(ii): Unless located in whole or in part in an agricultural protection area created under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if the structure is located on land that is:
Utah Code Annotated § 15A-1-204(11)(b)(ii)(A): within the boundaries of a city or town, and less than five contiguous acres; or
Utah Code Annotated § 15A-1-204(11)(b)(ii)(B): within a subdivision for which the county has approved a subdivision plat under Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
Utah Code Annotated § 15A-1-204(12): 15A-5-104; 19-5-125
Utah Code Annotated § 15A-1-204(12)(a): A remote yurt is exempt from the State Construction Code including the permit requirements of the State Construction Code.
Utah Code Annotated § 15A-1-204(12)(b): 15A-5-104; 19-5-125 Notwithstanding Subsection (12)(a), a county may by ordinance require remote yurts to comply with the State Construction Code, if the ordinance requires the remote yurts to comply with all of the following:
Utah Code Annotated § 15A-1-204(12)(b)(i): the State Construction Code;
Utah Code Annotated § 15A-1-204(12)(b)(ii): 15A-5-104 notwithstanding Section
Utah Code Annotated § 15A-1-204(12)(b)(iii): 19-5-125 notwithstanding Section
Utah Code Annotated § 15A-1-205 Division duties -- Relationship of division to other entities.
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Utah Code Annotated § 15A-1-205(1): 15A-1-204; 15A-1-302; 15A-1-302; 15A-1-304
Utah Code Annotated § 15A-1-205(1)(a): 15A-1-204 The division shall administer the codes adopted or approved under Section
Utah Code Annotated § 15A-1-205(1)(b): Notwithstanding Subsection (1)(a), the division has no responsibility to:
Utah Code Annotated § 15A-1-205(1)(b)(i): conduct inspections to determine compliance with the codes;
Utah Code Annotated § 15A-1-205(1)(b)(ii): issue permits; or
Utah Code Annotated § 15A-1-205(1)(b)(iii): assess building permit fees.
Utah Code Annotated § 15A-1-205(1)(c): 15A-1-302; 15A-1-302; 15A-1-304 Notwithstanding any other provision, the division, the Division of Facilities Construction and Management, the state regulator, any approved third party inspection agency as defined by Section
Utah Code Annotated § 15A-1-205(2): 15A-1-206 As part of the administration of the codes, the division shall:
Utah Code Annotated § 15A-1-205(2)(a): 15A-1-206 comply with Section
Utah Code Annotated § 15A-1-205(2)(b): schedule appropriate hearings;
Utah Code Annotated § 15A-1-205(2)(c): maintain and publish for reference:
Utah Code Annotated § 15A-1-205(2)(c)(i): the current State Construction Code; and
Utah Code Annotated § 15A-1-205(2)(c)(ii): any approved code; and
Utah Code Annotated § 15A-1-205(2)(d): publish the opinions of the commission with respect to interpretation and application of the codes.
Utah Code Annotated § 15A-1-205(3):
Utah Code Annotated § 15A-1-205(3)(a): As part of the administration of the codes, the division shall license inspectors, including approved third party inspectors.
Utah Code Annotated § 15A-1-205(3)(b): The Division of Facilities Construction and Management may access a list of all licensed inspectors, including approved third party inspectors, on the division's website.
Utah Code Annotated § 15A-1-206 Code amendment process.
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Utah Code Annotated § 15A-1-206(1): 15A-1-204 The division, in consultation with the commission, shall establish by rule the procedure under which a request that the commission recommend legislative action is to be:
Utah Code Annotated § 15A-1-206(1)(a): filed with the division;
Utah Code Annotated § 15A-1-206(1)(b): reviewed by the commission; and
Utah Code Annotated § 15A-1-206(1)(c): 15A-1-204 addressed by the commission in the commission's report to the Business and Labor Interim Committee required by Section
Utah Code Annotated § 15A-1-206(2): 15A-1-204 The division shall accept a request that the commission recommend legislative action in accordance with Section
Utah Code Annotated § 15A-1-206(2)(a): a local regulator;
Utah Code Annotated § 15A-1-206(2)(b): a state regulator;
Utah Code Annotated § 15A-1-206(2)(c): a state agency involved with the construction and design of a building;
Utah Code Annotated § 15A-1-206(2)(d): the Construction Services Commission;
Utah Code Annotated § 15A-1-206(2)(e): the Electrician Licensing Board;
Utah Code Annotated § 15A-1-206(2)(f): the Plumbers Licensing Board; or
Utah Code Annotated § 15A-1-206(2)(g): a recognized construction-related association.
Utah Code Annotated § 15A-1-206(3): (3); (3); (3)(c); 15A-1-204
Utah Code Annotated § 15A-1-206(3)(a): If one or more requests are received in accordance with this section, the division shall hold at least one public hearing before the commission concerning the requests.
Utah Code Annotated § 15A-1-206(3)(b): (3) The commission shall conduct a public hearing under this Subsection
Utah Code Annotated § 15A-1-206(3)(c): (3); (3)(c); 15A-1-204 After a public hearing described in this Subsection
Utah Code Annotated § 15A-1-206(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In making rules required by this chapter, the division shall comply with
Utah Code Annotated § 15A-1-206 Code amendment process.
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Utah Code Annotated § 15A-1-206(1): 15A-1-204 The division, in consultation with the commission, shall establish by rule the procedure under which a request that the commission recommend legislative action is to be:
Utah Code Annotated § 15A-1-206(1)(a): filed with the division;
Utah Code Annotated § 15A-1-206(1)(b): reviewed by the commission; and
Utah Code Annotated § 15A-1-206(1)(c): 15A-1-204 addressed by the commission in the commission's report to the Business and Labor Interim Committee required by Section
Utah Code Annotated § 15A-1-206(2): 15A-1-204 The division shall accept a request that the commission recommend legislative action in accordance with Section
Utah Code Annotated § 15A-1-206(2)(a): a local regulator;
Utah Code Annotated § 15A-1-206(2)(b): a state regulator;
Utah Code Annotated § 15A-1-206(2)(c): a state agency involved with the construction and design of a building;
Utah Code Annotated § 15A-1-206(2)(d): the Construction Services Commission;
Utah Code Annotated § 15A-1-206(2)(e): the Electricians and Plumbers Licensing Board; or
Utah Code Annotated § 15A-1-206(2)(f): a recognized construction-related association.
Utah Code Annotated § 15A-1-206(3): 15A-1-204
Utah Code Annotated § 15A-1-206(3)(a): If one or more requests are received in accordance with this section, the division shall hold at least one public hearing before the commission concerning the requests.
Utah Code Annotated § 15A-1-206(3)(b): The commission shall conduct a public hearing under this Subsection (3) in accordance with the rules of the commission, which may provide for coordinating the public hearing with a meeting of the commission.
Utah Code Annotated § 15A-1-206(3)(c): 15A-1-204 After a public hearing described in this Subsection (3), the commission shall prepare a written report of its recommendations made on the basis of the public hearing. The commission shall include the information in the written report prepared under this Subsection (3)(c) in the commission's report to the Business and Labor Interim Committee under Section
Utah Code Annotated § 15A-1-206(4): In making rules required by this chapter, the division shall comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code Annotated § 15A-1-207 Compliance with codes -- Responsibility for inspections -- Appeals.
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Utah Code Annotated § 15A-1-207(1): The compliance agency having jurisdiction over the project and the applicable codes has the responsibility for inspection of construction projects and enforcement of compliance with the codes.
Utah Code Annotated § 15A-1-207(2): A compliance agency shall furnish in writing to the division a finding by the compliance agency that a licensed contractor, electrician, or plumber has materially violated a code in a manner to jeopardize the public health, safety, and welfare and failed to comply with corrective orders of the compliance agency. A compliance agency shall conduct a primary investigation to determine that, in fact, there has been a material violation of a code jeopardizing the public interest and provide the report of investigation to the division.
Utah Code Annotated § 15A-1-207(3):
Utah Code Annotated § 15A-1-207(3)(a): A compliance agency shall establish a method of appeal by which a person disputing the application and interpretation of a code may appeal and receive a timely review of the disputed issues in accordance with the codes.
Utah Code Annotated § 15A-1-207(3)(b): If a compliance agency refuses to establish a method of appeal, the commission shall act as the appeals board and conduct a hearing within 45 days. The findings of the commission are binding.
Utah Code Annotated § 15A-1-207(4): An appeals board established under this section may not:
Utah Code Annotated § 15A-1-207(4)(a): interpret the administrative provisions of a code; or
Utah Code Annotated § 15A-1-207(4)(b): waive a requirement of a code.
Utah Code Annotated § 15A-1-208 Standards for specialized buildings.
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Utah Code Annotated § 15A-1-208(1): Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; Title 26B, Chapter 2, Part 4, Child Care Licensing; Title 64, Chapter 13, Department of Corrections - State Prison This chapter may not be implied to repeal or otherwise affect the authority granted to a state agency to make or administer standards for specialized buildings, as provided in:
Utah Code Annotated § 15A-1-208(1)(a): Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities
Utah Code Annotated § 15A-1-208(1)(b): Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
Utah Code Annotated § 15A-1-208(1)(c): Title 26B, Chapter 2, Part 4, Child Care Licensing
Utah Code Annotated § 15A-1-208(1)(d): Title 64, Chapter 13, Department of Corrections - State Prison
Utah Code Annotated § 15A-1-208(1)(e): another statute that grants a state agency authority to make or administer other special standards.
Utah Code Annotated § 15A-1-208(2): If a special standard conflicts with a code, the special standard prevails.
Utah Code Annotated § 15A-1-208(3): (1) This chapter does not apply to the administration of the statutes described in Subsection
Utah Code Annotated § 15A-1-209 Building permit requirements -- Geologic, fault hazard, or geotechnical report.
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Utah Code Annotated § 15A-1-209(1): 38-1a-102 As used in this section, "project" means a "construction project" as defined in Section
Utah Code Annotated § 15A-1-209(2):
Utah Code Annotated § 15A-1-209(2)(a): The division shall develop a standardized building permit numbering system for use by any compliance agency in the state that issues a permit for construction.
Utah Code Annotated § 15A-1-209(2)(b): The standardized building permit numbering system described under Subsection (2)(a) shall include a combination of alpha or numeric characters arranged in a format acceptable to the compliance agency.
Utah Code Annotated § 15A-1-209(2)(c): A compliance agency issuing a permit for construction shall use the standardized building permit numbering system described under Subsection (2)(a).
Utah Code Annotated § 15A-1-209(2)(d): A compliance agency may not use a numbering system other than the system described under Subsection (2)(a) to define a building permit number.
Utah Code Annotated § 15A-1-209(3):
Utah Code Annotated § 15A-1-209(3)(a): In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt a standardized building permit form by rule.
Utah Code Annotated § 15A-1-209(3)(b): The standardized building permit form created under this Subsection (3) shall include fields for indicating the following information:
Utah Code Annotated § 15A-1-209(3)(b)(i): the name and address of the owner of each parcel of property on which the project will occur;
Utah Code Annotated § 15A-1-209(3)(b)(ii): the name and address of the contractor for the project;
Utah Code Annotated § 15A-1-209(3)(b)(iii):
Utah Code Annotated § 15A-1-209(3)(b)(iii)(A): the address of the project; or
Utah Code Annotated § 15A-1-209(3)(b)(iii)(B): a general description of the project;
Utah Code Annotated § 15A-1-209(3)(b)(iv): the county in which the property on which the project will occur is located;
Utah Code Annotated § 15A-1-209(3)(b)(v): the tax parcel identification number of each parcel of the property; and
Utah Code Annotated § 15A-1-209(3)(b)(vi): whether the permit applicant is an original contractor or owner-builder.
Utah Code Annotated § 15A-1-209(3)(c): The standardized building permit form created under this Subsection (3) may include any other information the division considers useful.
Utah Code Annotated § 15A-1-209(3)(d): A compliance agency shall issue a permit for construction only on a standardized building permit form approved by the division.
Utah Code Annotated § 15A-1-209(3)(e): A permit for construction issued by a compliance agency under Subsection (3)(d) shall print the standardized building permit number assigned under Subsection (2) in the upper right-hand corner of the building permit form in at least 12-point font.
Utah Code Annotated § 15A-1-209(3)(f):
Utah Code Annotated § 15A-1-209(3)(f)(i): Except as provided in Subsection (3)(f)(ii), a compliance agency may not issue a permit for construction if the information required by Subsection (3)(b) is not completed on the building permit form.
Utah Code Annotated § 15A-1-209(3)(f)(ii): If a compliance agency does not issue a separate permit for different aspects of the same project, the compliance agency may issue a permit for construction without the information required by Subsection (3)(b)(vi).
Utah Code Annotated § 15A-1-209(3)(g): A compliance agency may require additional information for the issuance of a permit for construction.
Utah Code Annotated § 15A-1-209(4): A local regulator issuing a single-family residential building permit application shall include in the application or attach to the building permit the following notice prominently placed in at least 14-point font: "Decisions relative to this application are subject to review by the chief executive officer of the municipal or county entity issuing the single-family residential building permit and appeal under the International Residential Code as adopted by the Legislature."
Utah Code Annotated § 15A-1-209(5): 15A-1-204
Utah Code Annotated § 15A-1-209(5)(a): A compliance agency shall:
Utah Code Annotated § 15A-1-209(5)(a)(i): charge a 1% surcharge on a building permit the compliance agency issues; and
Utah Code Annotated § 15A-1-209(5)(a)(ii): transmit 85% of the amount collected to the division to be used by the division in accordance with Subsection (5)(c).
Utah Code Annotated § 15A-1-209(5)(b): The portion of the surcharge transmitted to the division shall be deposited as a dedicated credit.
Utah Code Annotated § 15A-1-209(5)(c): 15A-1-204
Utah Code Annotated § 15A-1-209(5)(c)(i): 15A-1-204 The division shall use 30% of the money received under Subsection (5)(a)(ii) to provide education to building inspectors regarding the codes and code amendments under Section
Utah Code Annotated § 15A-1-209(5)(c)(ii): The division shall use 10% of the money received under Subsection (5)(a)(ii) to provide education to individuals licensed in construction trades or related professions through a construction trade association or a related professional association.
Utah Code Annotated § 15A-1-209(5)(c)(iii): The division shall transmit 60% of the money received under Subsection (5)(a)(ii) to the Office of the Property Rights Ombudsman created in Title 13, Chapter 43, Property Rights Ombudsman Act, to provide education and training regarding:
Utah Code Annotated § 15A-1-209(5)(c)(iii)(A): the drafting and application of land use laws and regulations; and
Utah Code Annotated § 15A-1-209(5)(c)(iii)(B): land use dispute resolution.
Utah Code Annotated § 15A-1-209(6): 79-3-202; 79-3-202
Utah Code Annotated § 15A-1-209(6)(a): 79-3-202
Utah Code Annotated § 15A-1-209(6)(a)(i): A compliance agency that receives a geologic report, fault hazard report, or geotechnical report as part of a building permitting process or another infrastructure permitting process shall submit the final report to the Utah Geological Survey within 90 days after the day the compliance agency receives the report.
Utah Code Annotated § 15A-1-209(6)(a)(ii): 79-3-202 When submitting a report, the compliance agency shall indicate what portion of the report is confidential. The Utah Geological Survey shall keep confidential those portions of the report that the compliance agency indicates are confidential in accordance with Subsection
Utah Code Annotated § 15A-1-209(6)(b):
Utah Code Annotated § 15A-1-209(6)(b)(i): If submitting a physical copy of a report, a compliance agency shall mail or deliver the physical copy of the report to the address shown on the Utah Geological Survey website.
Utah Code Annotated § 15A-1-209(6)(b)(ii): The Utah Geological Survey shall return the physical copy of a report to the compliance agency submitting the report after the Utah Geological Survey completes digital scanning of the report.
Utah Code Annotated § 15A-1-209(6)(c): If submitting a digital copy of a report, a compliance agency shall:
Utah Code Annotated § 15A-1-209(6)(c)(i): submit the digital copy in a form approved by the Utah Geological Survey; and
Utah Code Annotated § 15A-1-209(6)(c)(ii):
Utah Code Annotated § 15A-1-209(6)(c)(ii)(A): submit the digital copy through an online process approved by the Utah Geological Survey;
Utah Code Annotated § 15A-1-209(6)(c)(ii)(B): email the digital copy to an email address provided on the Utah Geological Survey's public website; or
Utah Code Annotated § 15A-1-209(6)(c)(ii)(C): mail or deliver the digital copy to the address described in Subsection (6)(b).
Utah Code Annotated § 15A-1-209(6)(d): 79-3-202 A compliance agency may include in a contract related to a geologic report, fault hazard report, or geotechnical report, a statement that:
Utah Code Annotated § 15A-1-209(6)(d)(i): the compliance agency shall share a copy of the report with the Utah Geological Survey in accordance with this Subsection (6); and
Utah Code Annotated § 15A-1-209(6)(d)(ii): 79-3-202 the Utah Geological Survey may use information in the report as provided in Section
Utah Code Annotated § 15A-1-209(6)(e): A compliance agency may not be held liable for the use or reliance on a geologic report, fault hazard report, or geotechnical report shared with the Utah Geological Survey by:
Utah Code Annotated § 15A-1-209(6)(e)(i): the Utah Geological Survey; or
Utah Code Annotated § 15A-1-209(6)(e)(ii): a person who obtains information from the Utah Geological Survey that is based on the geologic report, fault hazard report, or geotechnical report.
Utah Code Annotated § 15A-1-210 Review of building inspection.
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Utah Code Annotated § 15A-1-210(1): As used in this section, "International Residential Code" means the International Residential Code as adopted under the State Construction Code.
Utah Code Annotated § 15A-1-210(2): (3) Subject to Subsection
Utah Code Annotated § 15A-1-210(3): (2) Upon request by a person seeking a single-family residential building permit, a chief executive officer of the municipality or county issuing the single-family residential building permit, or the chief executive officer's designee, shall, with reasonable diligence, review an inspection described in Subsection
Utah Code Annotated § 15A-1-210(4): A review described in this section:
Utah Code Annotated § 15A-1-210(4)(a): is separate and unrelated to an appeal under the International Residential Code;
Utah Code Annotated § 15A-1-210(4)(b): may not be used to review a matter that may be brought by appeal under the International Residential Code;
Utah Code Annotated § 15A-1-210(4)(c): may not result in the waiver or modification of an International Residential Code requirement or standard;
Utah Code Annotated § 15A-1-210(4)(d): may not conflict with an appeal, or the result of an appeal, under the International Residential Code; and
Utah Code Annotated § 15A-1-210(4)(e): does not prohibit a person from bringing an appeal under the International Residential Code.
Utah Code Annotated § 15A-1-210(5): A person who seeks a review described in this section may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the International Residential Code on the grounds that the person raised the issue or brought the claim in the review described in this section.
Utah Code Annotated § 15A-1-301 Title.
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This part is known as "Factory Built Housing and Modular Units Administration Act."
Utah Code Annotated § 15A-1-302 Definitions.
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As used in this part:Utah Code Annotated § 15A-1-302(1): 15A-1-202 "Compliance agency" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-302(2): "Construction documents" means the same as that term is defined by Modular Building Institute Standards 1200.
Utah Code Annotated § 15A-1-302(3): "Decal" means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements.
Utah Code Annotated § 15A-1-302(4): "Factory built housing" means a manufactured home or mobile home.
Utah Code Annotated § 15A-1-302(5): "Factory built housing set-up contractor" means an individual licensed by the division to set up or install factory built housing on a temporary or permanent basis.
Utah Code Annotated § 15A-1-302(6): "HUD Code" means the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
Utah Code Annotated § 15A-1-302(7): 15A-1-202 "Local regulator" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-302(8): "Manufactured home" means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that:
Utah Code Annotated § 15A-1-302(8)(a): in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and
Utah Code Annotated § 15A-1-302(8)(b): is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
Utah Code Annotated § 15A-1-302(9): "Manufacturing plant" means the same as that term is defined by Modular Building Institute Standards 1200.
Utah Code Annotated § 15A-1-302(10): "Mobile home" means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code.
Utah Code Annotated § 15A-1-302(11): "Modular manufacturer" means the entity responsible for manufacturing a panelized system or module.
Utah Code Annotated § 15A-1-302(12): "Modular unit" or "modular building unit" means a structure:
Utah Code Annotated § 15A-1-302(12)(a): constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;
Utah Code Annotated § 15A-1-302(12)(b): the purpose of which is for human habitation, occupancy, or use; and
Utah Code Annotated § 15A-1-302(12)(c): is not a factory-built house, manufactured home, or mobile home.
Utah Code Annotated § 15A-1-302(13): "Module" means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction.
Utah Code Annotated § 15A-1-302(14): "Offsite construction" means a modular building unit that:
Utah Code Annotated § 15A-1-302(14)(a): is designed and constructed in compliance with this part;
Utah Code Annotated § 15A-1-302(14)(b): is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; and
Utah Code Annotated § 15A-1-302(14)(c): has been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit.
Utah Code Annotated § 15A-1-302(15): "Onsite construction" means:
Utah Code Annotated § 15A-1-302(15)(a): the preparation of a location where a modular building unit will be installed, including preparation of site foundation, construction of any necessary supporting structure, and preparation to connect the modular building unit to necessary utilities; and
Utah Code Annotated § 15A-1-302(15)(b): assembly and installation of one or more modules or panelized systems in accordance with construction documents into a modular building unit, including completion of any site-related construction and connecting the modular building unit to necessary utilities.
Utah Code Annotated § 15A-1-302(16): "Panelized system" means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction.
Utah Code Annotated § 15A-1-302(17): 15A-1-202 "State regulator" means the same as that term is defined in Section
Utah Code Annotated § 15A-1-302(18): "Third party inspection agency" means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code.
Utah Code Annotated § 15A-1-302(19): 15A-1-307; 15A-1-307 "Third party inspector" means a person who:
Utah Code Annotated § 15A-1-302(19)(a): is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
Utah Code Annotated § 15A-1-302(19)(b): works under the direction of a third party inspection agency;
Utah Code Annotated § 15A-1-302(19)(c): 15A-1-307 has been licensed by the division under Section
Utah Code Annotated § 15A-1-302(19)(d): 15A-1-307 is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section
Utah Code Annotated § 15A-1-302(20): "Unregistered modular unit" means a modular unit that:
Utah Code Annotated § 15A-1-302(20)(a): has not been inspected as required by this title; or
Utah Code Annotated § 15A-1-302(20)(b): does not have a required decal.
Utah Code Annotated § 15A-1-303 Factory built housing units.
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Utah Code Annotated § 15A-1-303(1):
Utah Code Annotated § 15A-1-303(1)(a): A manufactured home constructed, sold, or setup in the state shall be constructed in accordance with the HUD Code.
Utah Code Annotated § 15A-1-303(1)(b): A manufactured home setup in the state shall be installed in accordance with the provisions of the State Construction Code applicable to manufactured housing installation.
Utah Code Annotated § 15A-1-303(1)(c): A local regulator subdivision has the authority and responsibility to issue a building permit for the modification or setup of a manufactured home within that political subdivision.
Utah Code Annotated § 15A-1-303(1)(d): A local regulator shall conduct the inspection of a modification to or the setup of a manufactured home and give an approval within the political subdivision in which the modification or setup takes place.
Utah Code Annotated § 15A-1-303(1)(e): A manufactured home constructed on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.
Utah Code Annotated § 15A-1-303(2):
Utah Code Annotated § 15A-1-303(2)(a): A mobile home sold or setup in the state shall be constructed in accordance with the portions of the State Construction Code applicable to a mobile home at the time the mobile home was constructed.
Utah Code Annotated § 15A-1-303(2)(b): A mobile home setup in the state shall be installed in accordance with the portions of the State Construction Code applicable to manufactured housing installation.
Utah Code Annotated § 15A-1-303(2)(c): A local regulator has the authority and responsibility to issue a building permit for the setup of a mobile home within that political subdivision.
Utah Code Annotated § 15A-1-303(2)(d): A local regulator shall conduct the inspection of a modification to or the setup of a mobile home and give the approvals given by the local regulator within the political subdivision in which the modification or setup takes place.
Utah Code Annotated § 15A-1-304 Modular units.
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Modular unit construction, installation, issuance of permits for construction or installation, and setup shall be in accordance with the following:Utah Code Annotated § 15A-1-304(1): Construction, installation, and setup of a modular unit, module, or panelized system shall be in accordance with the State Construction Code.
Utah Code Annotated § 15A-1-304(2): A local regulator has the responsibility and exclusive authority to:
Utah Code Annotated § 15A-1-304(2)(a): review and approve the elements of construction documents related to onsite construction;
Utah Code Annotated § 15A-1-304(2)(b): issue a permit for construction of a modular building unit or a modular building unit site modification;
Utah Code Annotated § 15A-1-304(2)(c): perform an inspection of onsite construction of a modular building unit or modular building unit site modification;
Utah Code Annotated § 15A-1-304(2)(d): verify that a module or panelized system is installed in accordance with:
Utah Code Annotated § 15A-1-304(2)(d)(i): the modular unit's construction documents;
Utah Code Annotated § 15A-1-304(2)(d)(ii): the State Construction Code; and
Utah Code Annotated § 15A-1-304(2)(d)(iii): applicable state and local requirements;
Utah Code Annotated § 15A-1-304(2)(e): verify that a decal has been permanently affixed to a modular building unit;
Utah Code Annotated § 15A-1-304(2)(f): subject to Subsection (3), establish and assess fees related to the construction and installation of modular units;
Utah Code Annotated § 15A-1-304(2)(g): upon discovery of visible damage to a module or panelized system, or discovery of evidence that would cause a reasonable inspector to believe that a modular building unit may not be in compliance with the State Construction Code or construction documents:
Utah Code Annotated § 15A-1-304(2)(g)(i): inform the Division of Facilities Construction and Management; and
Utah Code Annotated § 15A-1-304(2)(g)(ii): proceed in accordance with the guidance in Modular Building Institute Standards 1200 and 1205;
Utah Code Annotated § 15A-1-304(2)(h): approve any proposed alteration or change to a set of construction documents so long as the alteration or change complies with the requirements of this chapter;
Utah Code Annotated § 15A-1-304(2)(i): inspect any alteration to a modular unit or panelized system that occurred after installation;
Utah Code Annotated § 15A-1-304(2)(j): notwithstanding any other provision of state law, the construction code and standards, agency rule, or local ordinance:
Utah Code Annotated § 15A-1-304(2)(j)(i): prevent the use or occupancy of a modular building unit that, in the opinion of the local regulator, contains a serious defect or presents an imminent safety hazard; and
Utah Code Annotated § 15A-1-304(2)(j)(ii): report the prevention of use or occupancy of a modular building unit to the Division of Facilities Construction and Management and the division; and
Utah Code Annotated § 15A-1-304(2)(k): perform all other duties and responsibilities set forth in the Modular Building Institute Standards 1200 and 1205 not otherwise listed in this section.
Utah Code Annotated § 15A-1-304(3): Fees related to the construction and installation of modular building units may include building permit fees, inspection fees, impact fees, and administrative fees.
Utah Code Annotated § 15A-1-304(4):
Utah Code Annotated § 15A-1-304(4)(a): In addition to any immunity and protections set forth in the Utah Governmental Immunity Act, a municipality shall not be liable for a claim arising solely from the offsite construction of a module, panelized system, or modular building unit.
Utah Code Annotated § 15A-1-304(4)(b): A local regulator may provide written notice with the certificate of occupancy that explains the municipality's limitations of liability pursuant to this section and the Utah Governmental Immunity Act.
Utah Code Annotated § 15A-1-304(5): An inspection of the construction, modification of, or setup of a modular unit shall conform with this chapter.
Utah Code Annotated § 15A-1-304(6): A local regulator has the responsibility to issue an approval for the political subdivision in which a modular unit is to be setup or is setup.
Utah Code Annotated § 15A-1-304(7): Nothing in this section precludes:
Utah Code Annotated § 15A-1-304(7)(a): a local regulator from contracting with a qualified third party to act as its designee for the inspection or plan review provided in this section; or
Utah Code Annotated § 15A-1-304(7)(b): the state from entering into an interstate compact for third party inspection of the construction of a modular unit.
Utah Code Annotated § 15A-1-304.1 Unregistered modular units.
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Utah Code Annotated § 15A-1-304.1(1): Except as provided in Subsection (7), the Division of Facilities Construction and Management shall determine whether an unregistered modular unit is compliant with this chapter.
Utah Code Annotated § 15A-1-304.1(2): Upon discovery of an unregistered modular unit, the Division of Facilities Construction and Management shall:
Utah Code Annotated § 15A-1-304.1(2)(a): inform the local regulator, which shall:
Utah Code Annotated § 15A-1-304.1(2)(a)(i): issue an order to the owner of the unregistered modular unit to cease use or occupancy of the unregistered modular unit until a third party inspector determines the unregistered modular unit has come into compliance; or
Utah Code Annotated § 15A-1-304.1(2)(a)(ii): determine if the unregistered modular unit is considered compliant, as described in Subsection (7); and
Utah Code Annotated § 15A-1-304.1(2)(b): require the owner of the unregistered modular unit to:
Utah Code Annotated § 15A-1-304.1(2)(b)(i): produce documentation of the modular unit's compliance with this chapter:
Utah Code Annotated § 15A-1-304.1(2)(b)(i)(A): if the unregistered modular unit is only missing a decal or had a decal but the decal is no longer visible; or
Utah Code Annotated § 15A-1-304.1(2)(b)(i)(B): if the unregistered modular unit is considered compliant under Subsection (7); or
Utah Code Annotated § 15A-1-304.1(2)(b)(ii): arrange for a third party inspector to inspect the unregistered modular unit, as described in Subsection (4).
Utah Code Annotated § 15A-1-304.1(3): Upon receiving and verifying the documentation described in Subsection (2)(b)(i)(A), the Division of Facilities Construction and Management shall issue the owner of an unregistered modular unit a decal to be affixed to the unregistered modular unit.
Utah Code Annotated § 15A-1-304.1(4):
Utah Code Annotated § 15A-1-304.1(4)(a): Upon inspection of an unregistered modular unit, a third party inspector shall determine when and where the unregistered modular unit was manufactured.
Utah Code Annotated § 15A-1-304.1(4)(b): If the unregistered modular unit was manufactured in another state by a modular manufacturer approved by a regulator in that state at the time the unregistered modular unit was manufactured, the third party inspector shall:
Utah Code Annotated § 15A-1-304.1(4)(b)(i): conduct a review of the original construction documents and the requirements of the state in which the unregistered modular unit was manufactured as of the time of manufacturing to determine the degree to which the unregistered modular unit's manufacture and installation is compliant with the requirements of this chapter;
Utah Code Annotated § 15A-1-304.1(4)(b)(ii): in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and
Utah Code Annotated § 15A-1-304.1(4)(b)(iii): determine whether the unregistered modular unit is compliant with:
Utah Code Annotated § 15A-1-304.1(4)(b)(iii)(A): the requirements for a modular building described in this chapter; and
Utah Code Annotated § 15A-1-304.1(4)(b)(iii)(B): the building codes that were in effect at the time the unregistered modular building was manufactured.
Utah Code Annotated § 15A-1-304.1(4)(c): If the unregistered modular unit was manufactured in another state by a modular manufacturer that was not approved by that state, or if the date of manufacture of the unregistered modular unit cannot be determined, the third party inspector shall:
Utah Code Annotated § 15A-1-304.1(4)(c)(i): in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and
Utah Code Annotated § 15A-1-304.1(4)(c)(ii): determine whether the unregistered modular unit is compliant with the requirements for a modular building described in this chapter.
Utah Code Annotated § 15A-1-304.1(4)(d): If the third party inspector cannot determine where or when the unregistered modular unit was manufactured, or if original construction documents for the unregistered modular unit cannot be located or verified, the third party inspector shall inspect the unregistered modular unit for compliance with this chapter, including requiring disassembly of the unregistered modular unit if necessary.
Utah Code Annotated § 15A-1-304.1(5): If the third party inspector is able to review and verify the original construction documents for the unregistered modular unit, and the original construction documents for the unregistered modular unit are sufficient to determine whether the construction of the unregistered modular unit complies with this chapter, the third party inspector may not require disassembly of the modular unit.
Utah Code Annotated § 15A-1-304.1(6):
Utah Code Annotated § 15A-1-304.1(6)(a): If the third party inspector determines the unregistered modular unit is compliant with the requirements for modular units in this chapter:
Utah Code Annotated § 15A-1-304.1(6)(a)(i): the third party inspector shall report the finding to:
Utah Code Annotated § 15A-1-304.1(6)(a)(i)(A): the Division of Facilities Construction and Management; and
Utah Code Annotated § 15A-1-304.1(6)(a)(i)(B): the local regulator; and
Utah Code Annotated § 15A-1-304.1(6)(a)(ii): affix a decal to the unregistered modular unit.
Utah Code Annotated § 15A-1-304.1(6)(b): The report described in Subsection (6)(a)(i) shall include a description of any changes made to the unregistered modular unit.
Utah Code Annotated § 15A-1-304.1(7): If an unregistered modular unit installed before May 4, 2024, has a certificate of occupancy from a local regulator, the unregistered modular unit is considered compliant with the requirements for a modular unit described in this chapter so long as the unregistered modular unit remains in the jurisdiction of the local regulator that issued the certificate of occupancy.
Utah Code Annotated § 15A-1-305 Modification of factory built housing units and modular units.
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Utah Code Annotated § 15A-1-305(1): A modification to a factory built housing unit shall be made in accordance with the following:
Utah Code Annotated § 15A-1-305(1)(a): Modification to a manufactured home or mobile home before installation or setup of the unit for habitation shall be made in accordance with the HUD Code.
Utah Code Annotated § 15A-1-305(1)(b):
Utah Code Annotated § 15A-1-305(1)(b)(i): Modification to a manufactured home or mobile home after installation or setup of the unit for habitation shall be made in accordance with the HUD Code if the modification does not include the addition of any space to the existing unit or the attachment of any structure to the existing unit.
Utah Code Annotated § 15A-1-305(1)(b)(ii): If a modification to a manufactured home or mobile home after installation or setup for the unit for habitation includes the addition of any space to the existing unit or the attachment of any structure to the unit, the modification shall be made as follows:
Utah Code Annotated § 15A-1-305(1)(b)(ii)(A): modifications to the existing unit shall be in accordance with the HUD Code; and
Utah Code Annotated § 15A-1-305(1)(b)(ii)(B): additional structure outside of the existing unit shall be in accordance with this chapter.
Utah Code Annotated § 15A-1-305(2): A modification to a modular housing unit shall be made in accordance with this chapter.
Utah Code Annotated § 15A-1-306 Factory built housing and modular units -- Division responsibility -- Unlawful conduct.
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Utah Code Annotated § 15A-1-306(1): The division:
Utah Code Annotated § 15A-1-306(1)(a): shall maintain current information on the HUD Code and the portions of the State Construction Code relevant to manufactured housing installation and will provide at reasonable cost the information to compliance agencies, local regulators, or state regulators requesting such information;
Utah Code Annotated § 15A-1-306(1)(b): shall provide qualified personnel to advise compliance agencies, local regulators, and state regulators regarding the standards for construction and setup, construction and setup inspection, and additions or modifications to factory built housing;
Utah Code Annotated § 15A-1-306(1)(c): is designated as the state administrative agency for purposes of the HUD Code;
Utah Code Annotated § 15A-1-306(1)(d): may inspect factory built housing units in the state during the construction process to determine compliance of the manufacturer with this chapter for those units to be installed within the state, and upon a finding of substantive deficiency, issue a corrective order to the manufacturer and provide a copy of the order to the local regulator in the state's political subdivision where the unit is to be installed;
Utah Code Annotated § 15A-1-306(1)(e): shall have rights of entry and inspection as specified under the HUD Code; and
Utah Code Annotated § 15A-1-306(1)(f): shall implement by rule a continuing education requirement for manufactured housing installation contractors.
Utah Code Annotated § 15A-1-306(2): The division may assess civil penalties payable to the state for violation of the HUD Code in an amount identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410.
Utah Code Annotated § 15A-1-306(3): The state may impose criminal sanctions for violations of the HUD Code identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410, provided that if the criminal sanction is a fine, the fine shall be payable to the state.
Utah Code Annotated § 15A-1-306.1 Division of Facilities Construction and Management duties for modular building units.
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The Division of Facilities Construction and Management:Utah Code Annotated § 15A-1-306.1(1): shall maintain current information on the HUD Code and the portions of the State Construction Code relevant to modular building unit installation and provide at reasonable cost the information to compliance agencies or local regulators requesting the information;
Utah Code Annotated § 15A-1-306.1(2): shall provide qualified personnel to advise compliance agencies and local regulators regarding the standards for:
Utah Code Annotated § 15A-1-306.1(2)(a): construction and installation of modular building units;
Utah Code Annotated § 15A-1-306.1(2)(b): construction and setup inspection of modular building units; and
Utah Code Annotated § 15A-1-306.1(2)(c): additions or modifications to modular building units;
Utah Code Annotated § 15A-1-306.1(3): may inspect modular building units during the construction or manufacturing process to determine compliance of a modular manufacturer with this title for modular building units to be installed within the state;
Utah Code Annotated § 15A-1-306.1(4): upon a finding of substantive deficiency at a modular manufacturer, through inspection or based on a report from an approved third party inspection agency, may:
Utah Code Annotated § 15A-1-306.1(4)(a): suspend the manufacturer's construction of modular units to be sold or installed in the state;
Utah Code Annotated § 15A-1-306.1(4)(b): issue a corrective order to the manufacturer; or
Utah Code Annotated § 15A-1-306.1(4)(c): require an increase in third party inspections until the Division of Facilities Construction and Management is satisfied that the deficiency is resolved;
Utah Code Annotated § 15A-1-306.1(5): shall, if an action is taken pursuant to Subsection (4), provide notice of its action and a copy of the corrective order to the local regulator in the political subdivision where a modular unit is to be installed;
Utah Code Annotated § 15A-1-306.1(6): shall have rights of entry and inspection as specified under the HUD Code and Modular Building Institute Standard 1200 and Standard 1205, as applicable;
Utah Code Annotated § 15A-1-306.1(7): 15A-1-307 shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section and Section
Utah Code Annotated § 15A-1-306.1(8): shall have the authority to set and collect fees associated with the provision of decals to support the administration of the modular building unit program.
Utah Code Annotated § 15A-1-307 Third party review - Inspection agencies.
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Utah Code Annotated § 15A-1-307(1): By no later than July 1, 2024, the Division of Facilities Construction and Management shall maintain a list of third party inspection agencies that have been approved by the Division of Facilities Construction and Management to conduct:
Utah Code Annotated § 15A-1-307(1)(a): review of construction documents; and
Utah Code Annotated § 15A-1-307(1)(b): an inspection of a module or panelized system.
Utah Code Annotated § 15A-1-307(2): An approved third party inspection agency:
Utah Code Annotated § 15A-1-307(2)(a): shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;
Utah Code Annotated § 15A-1-307(2)(b): shall be independent in judgment and not have any actual or potential conflict of interest;
Utah Code Annotated § 15A-1-307(2)(c): is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;
Utah Code Annotated § 15A-1-307(2)(d): shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and
Utah Code Annotated § 15A-1-307(2)(e): shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.
Utah Code Annotated § 15A-1-307(3): An approved third party inspector:
Utah Code Annotated § 15A-1-307(3)(a): shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;
Utah Code Annotated § 15A-1-307(3)(b): shall be independent in judgment and not have any actual or potential conflict of interest;
Utah Code Annotated § 15A-1-307(3)(c): is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;
Utah Code Annotated § 15A-1-307(3)(d): shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and
Utah Code Annotated § 15A-1-307(3)(e): shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.
Utah Code Annotated § 15A-1-307(4): A third party inspector at an approved third party agency shall:
Utah Code Annotated § 15A-1-307(4)(a): be licensed and certified as a combination building inspector under Title 58, Occupations and Professions;
Utah Code Annotated § 15A-1-307(4)(b): meet the requirements for a third party inspector under the Modular Building Institute Standard 1205, Chapter 4; and
Utah Code Annotated § 15A-1-307(4)(c): be knowledgeable regarding the construction and installation of modular units.
Utah Code Annotated § 15A-1-307(5):
Utah Code Annotated § 15A-1-307(5)(a): A modular manufacturer shall contract with one or more third party agencies or third party inspectors to perform offsite construction documents review and inspection.
Utah Code Annotated § 15A-1-307(5)(b): A contract described in Subsection (5)(a) does not constitute an actual or implied conflict of interest.
Utah Code Annotated § 15A-1-308 Manufacturing plants -- Quality assurance inspections.
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Utah Code Annotated § 15A-1-308(1): The Division of Facilities Construction and Management shall approve a modular manufacturer before modular building units produced by or sold by the modular manufacturer may be used for human occupancy within the state.
Utah Code Annotated § 15A-1-308(2): A modular manufacturer, or an employee of a modular manufacturer, shall meet each requirement of Modular Building Institute 1200 Standard, Chapter 5 and 1205 Standard, Chapters 4 and 5.
Utah Code Annotated § 15A-1-308(3): The quality assurance and control plan, as required in Modular Building Institute 1200 Standard, Chapter 5, and further defined per Modular Building Institute 1205 Standard, Chapter 5, shall include a conflict of interest form developed by the Division of Facilities Construction and Management.
Utah Code Annotated § 15A-1-308(4): Quality assurance personnel at the manufacturing plant shall:
Utah Code Annotated § 15A-1-308(4)(a): demonstrate to the Division of Facilities Construction and Management and an applicable third party inspection agency that the quality assurance personnel have adequate knowledge of the product, factory operations, and the codes and standards for the product being manufactured;
Utah Code Annotated § 15A-1-308(4)(b): demonstrate to the satisfaction of the Division of Facilities Construction and Management the ability of the quality assurance personnel to perform required duties, as outlined by the Division of Facilities Construction and Management by rule; and
Utah Code Annotated § 15A-1-308(4)(c): inspect each module and panelized system for quality control.
Utah Code Annotated § 15A-1-308(5):
Utah Code Annotated § 15A-1-308(5)(a): After local building permit issuance, a modular manufacturer, third party agency, or third party inspector may not amend a construction document without approval from a local regulator.
Utah Code Annotated § 15A-1-308(5)(b): A local regulator shall approve an amendment to a construction document unless it violates a site-specific provision of municipal code or affects the safety or the habitability of a modular unit.
Utah Code Annotated § 15A-1-309 Decal.
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A decal issued by the Division of Facilities Construction and Management and affixed by a third party inspection agency in compliance with this part shall warrant that the modular building unit has been inspected in accordance with this part and the modular building unit is:Utah Code Annotated § 15A-1-309(1): fit for human occupancy; and
Utah Code Annotated § 15A-1-309(2): manufactured in accordance with applicable codes and the construction documents.
Utah Code Annotated § 15A-1-401 Title.
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This part is known as the "State Fire Code Administration Act."
Utah Code Annotated § 15A-1-402 Definitions.
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As used in this part:Utah Code Annotated § 15A-1-402(1): 53-7-103 "Division" means the State Fire Marshal Division created in Section
Utah Code Annotated § 15A-1-402(2): "Legislative action" includes legislation that:
Utah Code Annotated § 15A-1-402(2)(a): adopts a State Fire Code;
Utah Code Annotated § 15A-1-402(2)(b): amends a State Fire Code; or
Utah Code Annotated § 15A-1-402(2)(c): repeals one or more provisions of a State Fire Code.
Utah Code Annotated § 15A-1-403 Adoption of State Fire Code.
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.Utah Code Annotated § 15A-1-403(1):
Utah Code Annotated § 15A-1-403(1)(a): The State Fire Code is:
Utah Code Annotated § 15A-1-403(1)(a)(i): a code promulgated by a nationally recognized code authority that is adopted by the Legislature under this section with any modifications; and
Utah Code Annotated § 15A-1-403(1)(a)(ii): a code to which cities, counties, fire protection districts, and the state shall adhere in safeguarding life and property from the hazards of fire and explosion.
Utah Code Annotated § 15A-1-403(1)(b): On and after July 1, 2010, the State Fire Code is the State Fire Code in effect on July 1, 2010, until in accordance with this section:
Utah Code Annotated § 15A-1-403(1)(b)(i): a new State Fire Code is adopted; or
Utah Code Annotated § 15A-1-403(1)(b)(ii): one or more provisions of the State Fire Code are amended or repealed in accordance with this section.
Utah Code Annotated § 15A-1-403(1)(c): A provision of the State Fire Code may be applicable:
Utah Code Annotated § 15A-1-403(1)(c)(i): to the entire state; or
Utah Code Annotated § 15A-1-403(1)(c)(ii): within a city, county, or fire protection district.
Utah Code Annotated § 15A-1-403(2): (2)(a); (6)
Utah Code Annotated § 15A-1-403(2)(a): The Legislature shall adopt a State Fire Code by enacting legislation that adopts a nationally recognized fire code with any modifications.
Utah Code Annotated § 15A-1-403(2)(b): (2)(a) Legislation described in Subsection
Utah Code Annotated § 15A-1-403(2)(c): (6) Subject to Subsection
Utah Code Annotated § 15A-1-403(2)(c)(i): adopting a new State Fire Code in its entirety; or
Utah Code Annotated § 15A-1-403(2)(c)(ii): amending or repealing one or more provisions of the State Fire Code.
Utah Code Annotated § 15A-1-403(3): (3)(b); (4); (4); (4)
Utah Code Annotated § 15A-1-403(3)(a): (3)(b); (4) Except as provided in Subsection
Utah Code Annotated § 15A-1-403(3)(b): (4); (4) For the provisions of a nationally recognized fire code that apply only to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures, the board shall:
Utah Code Annotated § 15A-1-403(3)(b)(i): (4) prepare a report described in Subsection
Utah Code Annotated § 15A-1-403(3)(b)(ii): (4) not prepare a report described in Subsection
Utah Code Annotated § 15A-1-403(4): (3); 68-3-14; (4)(a)
Utah Code Annotated § 15A-1-403(4)(a): (3); 68-3-14 In accordance with Subsection
Utah Code Annotated § 15A-1-403(4)(a)(i): states whether the board recommends the Legislature adopt the update with any modifications; and
Utah Code Annotated § 15A-1-403(4)(a)(ii): describes the costs and benefits of each recommended change in the update or in any modification.
Utah Code Annotated § 15A-1-403(4)(b): (4)(a) After the Business and Labor Interim Committee receives the report described in Subsection
Utah Code Annotated § 15A-1-403(4)(b)(i): study the recommendations; and
Utah Code Annotated § 15A-1-403(4)(b)(ii): if the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, prepare legislation for consideration by the Legislature in the next general session.
Utah Code Annotated § 15A-1-403(5): (4); 68-3-14; (5)(a)(i); (5)(b); (5)(a)
Utah Code Annotated § 15A-1-403(5)(a): (4); 68-3-14; (5)(a)(i)
Utah Code Annotated § 15A-1-403(5)(a)(i): (4); 68-3-14 The board shall, by no later than September 1 of each year in which the board is not required to submit a report described in Subsection
Utah Code Annotated § 15A-1-403(5)(a)(ii): (5)(a)(i) As part of a recommendation described in Subsection
Utah Code Annotated § 15A-1-403(5)(b): The board may recommend legislative action related to the State Fire Code:
Utah Code Annotated § 15A-1-403(5)(b)(i): on its own initiative; or
Utah Code Annotated § 15A-1-403(5)(b)(ii): upon the receipt of a request by a city, county, or fire protection district that the board recommend legislative action related to the State Fire Code.
Utah Code Annotated § 15A-1-403(5)(c): (5)(b) Within 45 days after the day on which the board receives a request under Subsection
Utah Code Annotated § 15A-1-403(5)(d): The board shall conduct a hearing under this section in accordance with the rules of the board.
Utah Code Annotated § 15A-1-403(5)(e): (5)(a) The board shall decide whether to include the request in the report described in Subsection
Utah Code Annotated § 15A-1-403(5)(f):
Utah Code Annotated § 15A-1-403(5)(f)(i): Within 15 days after the day on which the board conducts a hearing, the board shall direct the division to notify the entity that made the request of the board's decision regarding the request.
Utah Code Annotated § 15A-1-403(5)(f)(ii): The division shall provide the notice:
Utah Code Annotated § 15A-1-403(5)(f)(ii)(A): in writing; and
Utah Code Annotated § 15A-1-403(5)(f)(ii)(B): in a form prescribed by the board.
Utah Code Annotated § 15A-1-403(5)(g): If the Business and Labor Interim Committee decides to recommend legislative action to the Legislature, the Business and Labor Interim Committee shall prepare legislation for consideration by the Legislature in the next general session that, if passed by the Legislature, would amend or repeal one or more provisions of the State Fire Code.
Utah Code Annotated § 15A-1-403(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (6); 68-3-14; (6)
Utah Code Annotated § 15A-1-403(6)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act Notwithstanding the provisions of this section, the board may, in accordance with
Utah Code Annotated § 15A-1-403(6)(a)(i): cause an imminent peril to the public health, safety, or welfare; or
Utah Code Annotated § 15A-1-403(6)(a)(ii): place a person in violation of federal or other state law.
Utah Code Annotated § 15A-1-403(6)(b): (6); 68-3-14 If the board amends a State Fire Code in accordance with this Subsection
Utah Code Annotated § 15A-1-403(6)(b)(i): publish the State Fire Code with the amendment; and
Utah Code Annotated § 15A-1-403(6)(b)(ii): 68-3-14 prepare and submit, in accordance with Section
Utah Code Annotated § 15A-1-403(6)(c): (6) If not formally adopted by the Legislature at the next annual general session, an amendment to a State Fire Code adopted under this Subsection
Utah Code Annotated § 15A-1-403(7): (7)(b); (7)(c); (7)(c); (10); (11); (7)(c)(ii); 15A-5-203; 15A-5-203; 68-3-14; (4); (7)
Utah Code Annotated § 15A-1-403(7)(a): (7)(b); (7)(c) Except as provided in Subsection
Utah Code Annotated § 15A-1-403(7)(a)(i): in order to meet a public safety need of the political subdivision; and
Utah Code Annotated § 15A-1-403(7)(a)(ii): (7)(c) subject to the requirements of Subsection
Utah Code Annotated § 15A-1-403(7)(b): (7)(c); (10); (11) Except as provided in Subsections
Utah Code Annotated § 15A-1-403(7)(c): (7)(c)(ii); 15A-5-203; 15A-5-203
Utah Code Annotated § 15A-1-403(7)(c)(i): (7)(c)(ii); 15A-5-203 Except as provided in Subsection
Utah Code Annotated § 15A-1-403(7)(c)(i)(A): the appendices of the International Fire Code; and
Utah Code Annotated § 15A-1-403(7)(c)(i)(B): 15A-5-203 a fire sprinkler ordinance in accordance with Section
Utah Code Annotated § 15A-1-403(7)(c)(ii): 15A-5-203 If a political subdivision adopts International Fire Code Appendix B, the political subdivision may not require:
Utah Code Annotated § 15A-1-403(7)(c)(ii)(A): a subdivision of structures built in accordance with the International Residential Code to have a fire flow rate that is greater than 2000 gallons per minute;
Utah Code Annotated § 15A-1-403(7)(c)(ii)(B): an individual structure built in accordance with the International Residential Code to have a fire flow rate that is greater than 2000 gallons per minute; or
Utah Code Annotated § 15A-1-403(7)(c)(ii)(C): 15A-5-203 a one- or two-family dwelling or a town home to have a fire sprinkler system, except in accordance with Section
Utah Code Annotated § 15A-1-403(7)(d): 68-3-14; (4); (7) The board shall submit, in accordance with Section
Utah Code Annotated § 15A-1-403(8): (9); (10); (11) Except as provided in Subsections
Utah Code Annotated § 15A-1-403(8)(a): is more restrictive than the State Fire Code; and
Utah Code Annotated § 15A-1-403(8)(b): applies to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.
Utah Code Annotated § 15A-1-403(9): A state government entity may adopt a rule or requirement regarding a residential occupancy that is regulated by:
Utah Code Annotated § 15A-1-403(9)(a): the State Fire Prevention Board; or
Utah Code Annotated § 15A-1-403(9)(b): the Department of Health and Human Services
Utah Code Annotated § 15A-1-403(10): A state executive branch entity or political subdivision of the state may:
Utah Code Annotated § 15A-1-403(10)(a): enforce a federal law or regulation;
Utah Code Annotated § 15A-1-403(10)(b): adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or requirement applies only to a facility or construction owned or used by a state entity or a political subdivision of the state; or
Utah Code Annotated § 15A-1-403(10)(c): enforce a rule, ordinance, or requirement:
Utah Code Annotated § 15A-1-403(10)(c)(i): that the state executive branch entity or political subdivision adopted or made effective before July 1, 2015; and
Utah Code Annotated § 15A-1-403(10)(c)(ii): for which the state executive branch entity or political subdivision can demonstrate, with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an individual from a condition likely to cause imminent injury or death.
Utah Code Annotated § 15A-1-403(11): The Department of Health and Human Services or the Department of Environmental Quality may enforce a rule or requirement adopted before January 1, 2015.
Utah Code Annotated - Title 15A - Chapter 2 - Adoption of State Construction Code
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Utah Code Annotated § 15A-2-101 Title -- Adoption of code.
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Utah Code Annotated § 15A-2-101(1): This chapter is known as the "Adoption of State Construction Code."
Utah Code Annotated § 15A-2-101(2): Chapter 1, Part 2, State Construction Code Administration Act; Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code; Chapter 4, Local Amendments Incorporated as Part of State Construction Code; Chapter 6, Additional Construction Requirements In accordance with
Utah Code Annotated § 15A-2-101(2)(a): this chapter;
Utah Code Annotated § 15A-2-101(2)(b): Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code
Utah Code Annotated § 15A-2-101(2)(c): Chapter 4, Local Amendments Incorporated as Part of State Construction Code
Utah Code Annotated § 15A-2-101(2)(d): Chapter 6, Additional Construction Requirements
Utah Code Annotated § 15A-2-102 Definitions.
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As used in this chapter,Utah Code Annotated § 15A-2-102(1): "HUD Code" means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C.F.R.
Utah Code Annotated § 15A-2-102(2): 15A-2-103 "IBC" means the edition of the International Building Code adopted under Section
Utah Code Annotated § 15A-2-102(3): 15A-2-103 "IEBC" means the edition of the International Existing Building Code adopted under Section
Utah Code Annotated § 15A-2-102(4): 15A-2-103 "IECC" means the edition of the International Energy Conservation Code adopted under Section
Utah Code Annotated § 15A-2-102(5): 15A-2-103 "IFGC" means the edition of the International Fuel Gas Code adopted under Section
Utah Code Annotated § 15A-2-102(6): 15A-2-103 "IMC" means the edition of the International Mechanical Code adopted under Section
Utah Code Annotated § 15A-2-102(7): 15A-2-103 "IPC" means the edition of the International Plumbing Code adopted under Section
Utah Code Annotated § 15A-2-102(8): 15A-2-103 "IRC" means the edition of the International Residential Code adopted under Section
Utah Code Annotated § 15A-2-102(9): 15A-2-103 "ISPSC" means the edition of the International Swimming Pool and Spa Code adopted under Section
Utah Code Annotated § 15A-2-102(10): 15A-2-103 "NEC" means the edition of the National Electrical Code adopted under Section
Utah Code Annotated § 15A-2-102(11): 15A-2-103 "UWUI" means the edition of the Utah Wildland Urban Interface Code adopted under Section
Utah Code Annotated § 15A-2-103 Specific editions adopted of construction code of a nationally recognized code authority.
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Utah Code Annotated § 15A-2-103(1): 15A-2-104; 15A-2-104; 15A-2-104; 9-8a-302 Subject to the other provisions of this part, the following construction codes are incorporated by reference, and together with the amendments specified in Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code, and Chapter 4, Local Amendments Incorporated as Part of State Construction Code, are the construction standards to be applied to building construction, alteration, remodeling, and repair, and in the regulation of building construction, alteration, remodeling, and repair in the state:
Utah Code Annotated § 15A-2-103(1)(a): the 2021 edition of the International Building Code, including Appendices C and J, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(b): the 2021 edition of the International Residential Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(c): Appendix AQ of the 2021 edition of the International Residential Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(d): the 2021 edition of the International Plumbing Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(e): the 2021 edition of the International Mechanical Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(f): the 2021 edition of the International Fuel Gas Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(g): the 2020 edition of the National Electrical Code, issued by the National Fire Protection Association;
Utah Code Annotated § 15A-2-103(1)(h): the 2021 edition of the International Energy Conservation Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(i): the 2021 edition of the International Existing Building Code, issued by the International Code Council;
Utah Code Annotated § 15A-2-103(1)(j): 15A-2-104 subject to Subsection
Utah Code Annotated § 15A-2-103(1)(k): 15A-2-104 subject to Subsection
Utah Code Annotated § 15A-2-103(1)(l): 15A-2-104 subject to Subsection
Utah Code Annotated § 15A-2-103(1)(m): 9-8a-302 subject to Subsection (3), for standards and guidelines pertaining to plaster on a historic property, as defined in Section
Utah Code Annotated § 15A-2-103(1)(n): the residential provisions of the 2021 edition of the International Swimming Pool and Spa Code, issued by the International Code Council; and
Utah Code Annotated § 15A-2-103(1)(o): Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as modified by provisions of this title governing modular units.
Utah Code Annotated § 15A-2-103(2): Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire Control, the Legislature adopts the 2006 edition of the Utah Wildland Urban Interface Code, issued by the International Code Council, with the alternatives or amendments approved by the Utah Division of Forestry, Fire, and State Lands, as a construction code that may be adopted by a local compliance agency by local ordinance or other similar action as a local amendment to the codes listed in this section.
Utah Code Annotated § 15A-2-103(3): The standards and guidelines described in Subsection (1)(n) apply only if:
Utah Code Annotated § 15A-2-103(3)(a): the owner of the historic property receives a government tax subsidy based on the property's status as a historic property;
Utah Code Annotated § 15A-2-103(3)(b): the historic property is wholly or partially funded by public money; or
Utah Code Annotated § 15A-2-103(3)(c): the historic property is owned by a government entity.
Utah Code Annotated § 15A-2-104 Installation standards for manufactured housing.
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Utah Code Annotated § 15A-2-104(1): Chapter 3, Part 8, Statewide Amendments to International Existing Building Code The following are the installation standards for manufactured housing for new installations or for existing manufactured or mobile homes that are subject to relocation, building alteration, remodeling, or rehabilitation in the state:
Utah Code Annotated § 15A-2-104(1)(a): The manufacturer's installation instruction for the model being installed is the primary standard.
Utah Code Annotated § 15A-2-104(1)(b): If the manufacturer's installation instruction for the model being installed is not available or is incomplete, the following standards apply:
Utah Code Annotated § 15A-2-104(1)(b)(i): Appendix E of the 2021 edition of the IRC, as issued by the International Code Council for installations defined in Section AE101 of Appendix E; or
Utah Code Annotated § 15A-2-104(1)(b)(ii): if an installation is beyond the scope of the 2021 edition of the IRC as defined in Section AE101 of Appendix E, the 2005 edition of the NFPA 225 Model Manufactured Home Installation Standard, issued by the National Fire Protection Association.
Utah Code Annotated § 15A-2-104(1)(c): A manufacturer, dealer, or homeowner is permitted to design for unusual installation of a manufactured home not provided for in the manufacturer's standard installation instruction, Appendix E of the 2021 edition of the IRC, or the 2005 edition of the NFPA 225, if the design is approved in writing by a professional engineer or architect licensed in Utah.
Utah Code Annotated § 15A-2-104(1)(d): Chapter 3, Part 8, Statewide Amendments to International Existing Building Code For a mobile home built before June 15, 1976, the mobile home shall also comply with the additional installation and safety requirements specified in
Utah Code Annotated § 15A-2-104(2): Chapter 3, Part 2, Statewide Amendments to International Residential Code; Chapter 3, Part 2, Statewide Amendments to International Residential Code Pursuant to the HUD Code Section 604(d), a manufactured home may be installed in the state that does not meet the local snow load requirements as specified in
Utah Code Annotated § 15A-2-105 Scope of application.
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Utah Code Annotated § 15A-2-105(1): 15A-2-103; 15A-1-207 To the extent that a construction code adopted under Section
Utah Code Annotated § 15A-2-105(1)(a): that provision of the construction code is not included in the State Construction Code; and
Utah Code Annotated § 15A-2-105(1)(b): a compliance agency may establish provisions to establish a local administrative function or a method of appeal.
Utah Code Annotated § 15A-2-105(2): (1); (2); 15A-1-403; Title 26B, Chapter 2, Part 4, Child Care Licensing; 15A-1-204
Utah Code Annotated § 15A-2-105(2)(a): (1) To the extent that a construction code adopted under Subsection
Utah Code Annotated § 15A-2-105(2)(a)(i): that provision of the construction code is not included in the State Construction Code; and
Utah Code Annotated § 15A-2-105(2)(a)(ii): the state agency or local government has authority over that provision of the construction code.
Utah Code Annotated § 15A-2-105(2)(b): (2); 15A-1-403; Title 26B, Chapter 2, Part 4, Child Care Licensing; 15A-1-204 Provisions excluded under this Subsection
Utah Code Annotated § 15A-2-105(2)(b)(i): the International Property Maintenance Code;
Utah Code Annotated § 15A-2-105(2)(b)(ii): the International Private Sewage Disposal Code, authority over which is reserved to the Department of Health and Human Services and the Department of Environmental Quality;
Utah Code Annotated § 15A-2-105(2)(b)(iii): 15A-1-403 the International Fire Code, authority over which is reserved to the board, pursuant to Section
Utah Code Annotated § 15A-2-105(2)(b)(iv): Title 26B, Chapter 2, Part 4, Child Care Licensing a day care provision that is in conflict with
Utah Code Annotated § 15A-2-105(2)(b)(v): 15A-1-204 a wildland urban interface provision that goes beyond the authority under Section
Utah Code Annotated § 15A-2-105(3): 15A-2-103(1); Chapter 1, Part 2, State Construction Code Administration Act If a construction code adopted under Subsection
Utah Code Annotated - Title 15A - Chapter 3 - Statewide Amendments Incorporated as Part of State Construction Code
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Utah Code Annotated § 15A-3-101 General provision.
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The amendments in this part are adopted as amendments to the IBC to be applicable statewide.
Utah Code Annotated § 15A-3-102 Amendments to Chapters 1 through 3 of IBC.
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ASSISTED LIVING FACILITY, TYPE I. A residential facility licensed by the Department of Health and Human Services that provides a protected living arrangement, assistance with activities of daily living, and social care to two or more ambulatory, non-restrained persons who are capable of mobility sufficient to exit the facility without the assistance of another person.Utah Code Annotated § 15A-3-102(1): IBC, Section 106, is deleted.
Utah Code Annotated § 15A-3-102(2): In IBC, Section 110, a new section is added as follows: " 110.3.13, Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant exterior wall envelope as required by Section 1404.2, and flashing as required by Section 1404.4 to prevent water from entering the weather-resistive barrier."
Utah Code Annotated § 15A-3-102(3): IBC, Section 115.1, is deleted and replaced with the following: "115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or other pertinent laws or ordinances or is dangerous or unsafe, the building official is authorized to stop work."
Utah Code Annotated § 15A-3-102(4): In IBC, Section 202, the following definition is added for Ambulatory Surgical Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building licensed by the Department of Health and Human Services where procedures are performed that may render patients incapable of self preservation where care is less than 24 hours. See Utah Administrative Code R432-13."
Utah Code Annotated § 15A-3-102(5): In IBC, Section 202, the definition for "Approved" is modified by adding the words "or independent third-party licensed engineer or architect and submitted to the building official" after the word "official."
Utah Code Annotated § 15A-3-102(6): In IBC, Section 202, the definition for "Approved Agency" is modified by deleting the words "where such agency has been approved by the building official."
Utah Code Annotated § 15A-3-102(7): In IBC, Section 202, the definition for "Approved Fabricator" is modified by adding the words "or approved by the state of Utah or a licensed engineer" after the word "code."
Utah Code Annotated § 15A-3-102(8): In IBC, Section 202, the definition for "Approved Source" is modified by adding the words "or licensed engineer" after the word "official."
Utah Code Annotated § 15A-3-102(9): In IBC, Section 202, the following definition is added for Assisted Living Facility, Residential Treatment and Support: "ASSISTED LIVING FACILITY, RESIDENTIAL TREATMENT AND SUPPORT. A residential facility that provides a group living environment for four or more residents licensed by the Department of Health and Human Services and provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person.
Utah Code Annotated § 15A-3-102(10): In IBC, Section 202, the following definition is added for Child Care Facility: "CHILD CARE FACILITY. A facility where care and supervision is provided for four or more children for less than 24 hours a day and for direct or indirect compensation in place of care ordinarily provided in their home."
Utah Code Annotated § 15A-3-102(11): In IBC, Section 202, the definition for " [A] Record Drawings" is modified by deleting the words "a fire alarm system" and replacing them with "any fire protection system."
Utah Code Annotated § 15A-3-102(12): In IBC, Section 304.1, the words "and technical colleges who also educate high school students as part of their student body" are added after the words "Educational occupancies for students above the 12th grade including higher education laboratories."
Utah Code Annotated § 15A-3-102(13): In IBC, Section 305, Sections 305.2 through 305.2.3 are deleted and replaced with the following:
Utah Code Annotated § 15A-3-102(14): In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives, Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
Utah Code Annotated § 15A-3-102(15): In IBC, Section 308.2, in the list of items under "This group shall include," the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted living facilities."
Utah Code Annotated § 15A-3-102(16): In IBC, Section 308.2.4, all of the words after the first International Residential Code are deleted.
Utah Code Annotated § 15A-3-102(17): A new IBC, Section 308.2.5, is added as follows:
Utah Code Annotated § 15A-3-102(18): IBC, Section 308.3, is deleted and replaced with the following:
Utah Code Annotated § 15A-3-102(19): In IBC, Section 308.3.2, the number "five" is deleted and replaced with the number "four" in each location.
Utah Code Annotated § 15A-3-102(20): A new IBC, Section 308.3.3, is added as follows:
Utah Code Annotated § 15A-3-102(21): In IBC, Section 308.5, the words "more than five" are deleted and replaced with the words "five or more in each location."
Utah Code Annotated § 15A-3-102(22): IBC, Section 308.5.1, is deleted and replaced with the following:
Utah Code Annotated § 15A-3-102(23): In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted and replaced with the words "four or fewer" in each location and the following sentence is added at the end: "See Section 429 for special requirements for Day Care."
Utah Code Annotated § 15A-3-102(24): IBC, Section 310.4, is deleted and replaced with the following:
Utah Code Annotated § 15A-3-102(25): IBC, Section 310.4.1, is deleted and replaced with the following:
Utah Code Annotated § 15A-3-102(26): A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care. Areas used for child care purposes may be located in a residential dwelling unit under all of the following conditions and Section 429:
Utah Code Annotated § 15A-3-102(27): A new IBC, Section 310.4.4, is added as follows: "310.4.4 Assisted living facilities. Type I assisted living facilities with two to five residents are Limited Capacity facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the International Residential Code. See Section 202 for definitions."
Utah Code Annotated § 15A-3-102(28): In IBC, Section 310.5, the words "Type II Limited Capacity and Type I Small, see Section 310.5.3" are added after the words "assisted living facilities."
Utah Code Annotated § 15A-3-102(29): A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4 Assisted living facility occupancy groups. The following occupancy groups shall apply to Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type I assisted living facilities with six to sixteen residents are Small Facilities classified as Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
Utah Code Annotated § 15A-3-103 Amendments to Chapters 4 through 6 of IBC.
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"2.3 The atrium does not contain any means of egress component above the two lowest stories."Utah Code Annotated § 15A-3-103(1):
Utah Code Annotated § 15A-3-103(2): In
Utah Code Annotated § 15A-3-103(3): In
Utah Code Annotated § 15A-3-103(4): In
Utah Code Annotated § 15A-3-103(5): In
Utah Code Annotated § 15A-3-103(6): In
Utah Code Annotated § 15A-3-103(7): In
Utah Code Annotated § 15A-3-103(8): In
Utah Code Annotated § 15A-3-103(9): In
Utah Code Annotated § 15A-3-103(10): A new
Utah Code Annotated § 15A-3-103(11): A new
Utah Code Annotated § 15A-3-103(12): In
Utah Code Annotated § 15A-3-103(13): A new
Utah Code Annotated § 15A-3-104 Amendments to Chapters 7 through 9 of IBC.
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902.1.1 A minimum clear and unobstructed distance of 12-inches shall be provided from the installed equipment to the elements of permanent construction.Utah Code Annotated § 15A-3-104(1): In
Utah Code Annotated § 15A-3-104(2):
Utah Code Annotated § 15A-3-104(3): In
Utah Code Annotated § 15A-3-104(4):
Utah Code Annotated § 15A-3-104(5):
Utah Code Annotated § 15A-3-104(6):
Utah Code Annotated § 15A-3-104(7): In
Utah Code Annotated § 15A-3-104(8):
Utah Code Annotated § 15A-3-104(9):
Utah Code Annotated § 15A-3-104(10): In
Utah Code Annotated § 15A-3-104(11): In
Utah Code Annotated § 15A-3-104(12): In
Utah Code Annotated § 15A-3-104(13): In
Utah Code Annotated § 15A-3-104(14): In
Utah Code Annotated § 15A-3-104(15): In
Utah Code Annotated § 15A-3-104(15)(A): The initiating device circuits shall be designated and installed Class A as defined in NFPA, Standard 72.
Utah Code Annotated § 15A-3-104(15)(B): The notification appliance circuits shall be designated and installed Class A as defined in NFPA, Standard 72.
Utah Code Annotated § 15A-3-104(15)(C): Signaling line circuits shall be designated and installed Class A loop as defined in NFPA, Standard 72.
Utah Code Annotated § 15A-3-104(15)(C)(A): Fan shut down shall be as required in the International Mechanical Code,
Utah Code Annotated § 15A-3-104(15)(C)(B): Duct detectors required by the International Mechanical Code, shall be interconnected and compatible with the fire alarm system."
Utah Code Annotated § 15A-3-104(16):