S.B. 67 Enrolled

INSPECTIONS OF PUBLIC SCHOOL BUILDINGS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: R. Mont Evans
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT A COUNTY OR
MUNICIPALITY MAY PROVIDE FOR THE INSPECTION OF SCHOOL CONSTRUCTION
IF A SCHOOL DISTRICT IS UNABLE TO PROVIDE ITS OWN QUALIFIED INSPECTOR;
DEFINING TERMS; AND MAKING CERTAIN TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-106, as last amended by Chapter 23, Laws of Utah 1992
17-27-105, as last amended by Chapter 23, Laws of Utah 1992
53A-20-104, as last amended by Chapter 142, Laws of Utah 1988
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-106 is amended to read:
10-9-106. Property owned by other government units -- Effect of land use and
development ordinances.
(1) (a) Each county, municipality, school district, special district, and political subdivision
of Utah shall conform to the land use and development ordinances of any municipality when
installing, constructing, operating, or otherwise using any area, land, or building situated within
that municipality only in a manner or for a purpose that conforms to that municipality's ordinances.
(b) In addition to any other remedies provided by law, when a municipality's land use and
development ordinances are being violated or about to be violated by another political subdivision,
that municipality may institute an injunction, mandamus, abatement, or other appropriate action
or proceeding to prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) A school district is subject to a municipality's land use regulations under this chapter,
except that a municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
methods or materials, building codes, building use for educational purposes, or the placement or

use of temporary classroom facilities on school property;
(b) require a school district to participate in the cost of any roadway or sidewalk not
reasonably necessary for the safety of school children and not located on or contiguous to school
property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to
an existing roadway;
(c) require a district to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless [neither] the school district [nor the state superintendent has provided] is unable
to provide for inspection by an inspector, other than the project architect or contractor, who is
qualified under criteria established by the state superintendent [with the approval of the state building
board and state fire marshal];
(e) require a school district to pay any impact fee for an improvement project that is not
reasonably related to the impact of the project upon the need that the improvement is to address; or
(f) impose regulations upon the location of a project except as necessary to avoid
unreasonable risks to health or safety.
(3) Subject to Section 53A-20-108 , a school district shall coordinate the siting of a new
school with the municipality in which the school is to be located, to avoid or mitigate existing and
potential traffic hazards to maximize school safety.
Section 2. Section 17-27-105 is amended to read:
17-27-105. Property owned by other government units -- Effect of land use and
development ordinances.
(1) (a) Each county, municipality, school district, special district, and political subdivision
of Utah shall conform to the land use and development ordinances of any county when installing,
constructing, operating, or otherwise using any area, land, or building situated within that county
only in a manner or for a purpose that conforms to that county's ordinances.
(b) In addition to any other remedies provided by law, when a county's land use and
development ordinances are being violated or about to be violated by another political subdivision,
that county may institute injunction, mandamus, abatement, or other appropriate action or proceeding

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to prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) A school district is subject to a county's land use regulations under this chapter, except
that a county may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
methods or materials, building codes, building use for educational purposes, or the placement or use
of temporary classroom facilities on school property;
(b) require a school district to participate in the cost of any roadway or sidewalk not
reasonably necessary for the safety of school children and not located on or contiguous to school
property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to
an existing roadway;
(c) require a district to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless [neither] the school district [nor the state superintendent has provided] is unable
to provide for inspection by an inspector, other than the project architect or contractor, who is
qualified under criteria established by the state superintendent [with the approval of the state building
board and state fire marshal];
(e) require a school district to pay any impact fee for an improvement project that is not
reasonably related to the impact of the project upon the need that the improvement is to address; or
(f) impose regulations upon the location of a project except as necessary to avoid
unreasonable risks to health or safety.
(3) Subject to Section 53A-20-108 , a school district shall coordinate the siting of a new
school with the county in which the school is to be located, to avoid or mitigate existing and
potential traffic hazards to maximize school safety.
Section 3. Section 53A-20-104 is amended to read:
53A-20-104. Enforcement of chapter by state superintendent -- Employment of
personnel -- Certificate of occupancy.
(1) The state superintendent of public instruction shall enforce this chapter.
(2) The superintendent may employ architects or other qualified personnel, or contract with

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the State Building Board, the state fire marshal, or a local governmental entity to:
(a) examine the plans and specifications of any school building or alteration submitted under
this chapter;
(b) [inspect] verify the inspection of any school building during or following construction;
and
(c) perform other functions necessary to ensure compliance with this chapter.
(3) (a) [Certificates] A local school board shall file certificates of [inspection shall be filed]
occupancy with the local governmental entity's building official and the State Office of Education
for the purpose of advising [that entity] those entities that the school district has complied with the
inspection provisions of this chapter.
(b) For purposes of Subsection (3):
(i) "local governmental entity" means either a municipality, for a school building located
within a municipality, or a county, for a school building located within an unincorporated area in the
county; and
(ii) "certificate of occupancy" means standard inspection forms developed by the state
superintendent in consultation with local school boards to verify that inspections by qualified
inspectors have occurred.

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