S.B. 205

1

DEFINING RESIDENTIAL AREA FOR
2 BUILDING PERMIT EXEMPTIONS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Alarik Myrin
6 AN ACT RELATING TO BUILDING CODES; DEFINING TERMS; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 58-56-4, as last amended by Chapter 225, Laws of Utah 1996
11 58-56-5, as last amended by Chapters 225 and 243, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 58-56-4 is amended to read:
14 58-56-4. Adoption of building codes -- Amendments.
15 (1) As used in this section:
16 (a) "agricultural use" means a use [which] that relates to the tilling of soil and raising of
17 crops, or keeping or raising domestic animals, for the purpose of commercial food production[.];
18 (b) "not for human occupancy" means use of a structure for purposes other than protection
19 or comfort of human beings, but allows people to enter the structure for:
20 (i) maintenance and repair[,]; and [for]
21 (ii) the care of livestock, crops, or equipment intended for agricultural use which are kept
22 there[.]; and
23 S [(c) "residential area" means land that is:
24 (i) less than 1/2 acre; and
25 (ii) (A) within the boundaries of a city or town; or
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Amend on 2_goldenrod February 20, 1998 26 (B) within a subdivision for which the county has approved a subdivision plat under
26a Title ] s

27 S [17, Chapter 27, Part 8, Subdivisions.]
27a (c) "RESIDENTIAL AREA" MEANS LAND THAT IS NOT USED FOR AN AGRICULTURAL USE
27b AND IS:
27c (i) (A) WITHIN THE BOUNDARIES OF A CITY OR TOWN; AND
27d (B) LESS THAN FIVE CONTIGUOUS ACRES;
27e (ii) (A) WITHIN A SUBDIVISION FOR WHICH THE COUNTY HAS APPROVED A SUBDIVISION
27f PLAT UNDER TITLE 17, CHAPTER 27, PART 8, SUBDIVISIONS; AND
27g (B) LESS THAN TWO CONTIGUOUS ACRES; OR
27h (iii) NOT LOCATED IN WHOLE OR IN PART IN AN AGRICULTURAL PROTECTION AREA
27i CREATED UNDER TITLE 17, CHAPTER 41, AGRICULTURAL PROTECTION AREA. s

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1 (2) Subject to the provisions of Subsections (4) and (5), the following are adopted as the
2 construction standards to which the state and each political subdivision of this state shall adhere
3 in building construction, alteration, remodeling and repair, and in the regulation of building
4 construction, alteration, remodeling and repair:
5 (a) a building code promulgated by a nationally recognized code authority;
6 (b) the National Electrical Code promulgated by the National Fire Protection Association;
7 (c) a plumbing code adopted by a nationally recognized code authority; and
8 (d) a mechanical code promulgated by a nationally recognized code authority.
9 (3) The division, in collaboration with the commission, shall adopt by rule the edition of
10 the NEC or code and specific edition of the codes described in Subsections [(1)] (2)(a), (c), and
11 (d) to be used as the standard and may adopt by rule successor editions of any adopted code.
12 (4) The division, in collaboration with the commission, may adopt amendments to the
13 adopted codes to be applicable to the entire state or within a political subdivision only in
14 accordance with Section 58-56-7.
15 (5) (a) Except in a residential area, a structure used solely in conjunction with agriculture
16 use, and not for human occupancy, is exempted from the permit requirements of any building code
17 adopted by the division[, however,].
18 (b) Notwithstanding Subsection S [(5)(b)] (5)(a) s , unless otherwise exempted, plumbing,
18a electrical,
19 and mechanical permits may be required when that work is included in the structure.
20 Section 2. Section 58-56-5 is amended to read:
21 58-56-5. Building Code Commission -- Composition of commission -- Commission
22 duties and responsibilities.
23 (1) There is established a Uniform Building Code Commission to advise the division with
24 respect to the division's responsibilities in administering the codes under this chapter.
25 (2) The commission shall be appointed by the executive director who shall submit his
26 nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative
27 names shall be submitted until confirmation is received. Following confirmation by the governor,
28 the appointment shall be made.
29 (3) The commission shall consist of eleven members who shall be appointed in accordance
30 with the following:
31 (a) one member shall be from among candidates nominated by the Utah League of Cities

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1 and Towns and the Utah Association of Counties;
2 (b) one member shall be a licensed building inspector employed by a political subdivision
3 of the state;
4 (c) one member shall be a licensed professional engineer;
5 (d) one member shall be a licensed architect;
6 (e) one member shall be a fire official;
7 (f) three members shall be contractors licensed by the state, of which one shall be a general
8 contractor, one an electrical contractor, and one a plumbing contractor;
9 (g) two members shall be from the general public and have no affiliation with the
10 construction industry or real estate development industry; and
11 (h) one member shall be from the Division of Facilities Construction Management,
12 Department of Administrative Services.
13 (4) (a) Except as required by Subsection (4)(b), as terms of current commission members
14 expire, the executive director shall appoint each new member or reappointed member to a
15 four-year term.
16 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
17 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
18 commission members are staggered so that approximately half of the commission is appointed
19 every two years.
20 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
21 appointed for the unexpired term.
22 (6) No commission member may serve more than two full terms, and no commission
23 member who ceases to serve may again serve on the commission until after the expiration of two
24 years from the date of cessation of service.
25 (7) A majority of the commission members shall constitute a quorum and may act on
26 behalf of the commission.
27 (8) (a) (i) Members who are not government employees shall receive no compensation or
28 benefits for their services, but may receive per diem and expenses incurred in the performance of
29 the member's official duties at the rates established by the Division of Finance under Sections
30 63A-3-106 and 63A-3-107.
31 (ii) Members may decline to receive per diem and expenses for their service.

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1 (b) (i) State government officer and employee members who do not receive salary, per
2 diem, or expenses from their agency for their service may receive per diem and expenses incurred
3 in the performance of their official duties from the commission at the rates established by the
4 Division of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) State government officer and employee members may decline to receive per diem and
6 expenses for their service.
7 (c) (i) Local government members who do not receive salary, per diem, or expenses from
8 the entity that they represent for their service may receive per diem and expenses incurred in the
9 performance of their official duties at the rates established by the Division of Finance under
10 Sections 63A-3-106 and 63A-3-107.
11 (ii) Local government members may decline to receive per diem and expenses for their
12 service.
13 (9) The commission shall annually designate one of its members to serve as chair of the
14 commission. The division shall provide a secretary to facilitate the function of the commission
15 and to record its actions and recommendations.
16 (10) The duties and responsibilities of the commission are to:
17 (a) recommend to the director the adoption by rule of the edition of the NEC, and the
18 specific codes and editions of the codes described in Subsections 58-56-4[(1)](2)(a), (c) and (d)
19 adopted pursuant to this chapter;
20 (b) recommend to the director the adoption by rule of amendments to the NEC, the
21 building code, the mechanical code, and plumbing code adopted pursuant to this chapter;
22 (c) offer an opinion regarding the interpretation of or the application of any of the codes
23 adopted pursuant to this chapter upon a formal submission by a party to the matter in question
24 which submission must clearly state the facts in question, the specific code citation involved and
25 the position taken by all parties;
26 (d) act as an appeals board as provided in Subsection 58-56-8(3);
27 (e) establish advisory peer committees on either a standing or ad hoc basis to advise the
28 commission with respect to building code matters, including a committee to advise the commission
29 regarding health matters related to the UPC; and
30 (f) assist the division in overseeing code related training in accordance with Section
31 58-56-9.

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Legislative Review Note
as of 2-3-98 6:49 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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