H.B. 293

1

CERTIFIED PRIVATE BUILDING
2 INSPECTOR AUTHORIZED
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Douglas C. Aagard
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions relating to building
11 inspections.
12 Highlighted Provisions:
13 This bill:
14 . prohibits counties and municipalities from withholding approval of an
15 improvement, modification, or addition to an owner's residence based on the lack of
16 an inspection by a county or municipal building inspector if a certified building
17 inspector, hired and paid by the owner, certifies that the improvement, modification,
18 or addition complies with applicable standards.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-9a-802, as renumbered and amended by Laws of Utah 2005, Chapter 254
26 17-27a-802, as renumbered and amended by Laws of Utah 2005, Chapter 254
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-9a-802 is amended to read:
30 10-9a-802. Enforcement.
31 (1) (a) A municipality or any adversely affected owner of real estate within the
32 municipality in which violations of this chapter or ordinances enacted under the authority of
33 this chapter occur or are about to occur may, in addition to other remedies provided by law,
34 institute:
35 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
36 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
37 (b) A municipality need only establish the violation to obtain the injunction.
38 (2) (a) [The] A municipality may enforce the ordinance by withholding building
39 permits.
40 (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
41 building or other structure within a municipality without approval of a building permit.
42 (c) [The] A municipality may not issue a building permit unless the plans of and for the
43 proposed erection, construction, reconstruction, alteration, or use fully conform to all
44 regulations then in effect.
45 (d) A municipality may not withhold approval of an improvement, modification, or
46 addition to an owner's residence based on a failure to obtain approval of a municipal building
47 inspector if an independent, certified building inspector, hired and paid by the owner, certifies
48 that the improvement, modification, or addition complies with applicable standards.
49 Section 2. Section 17-27a-802 is amended to read:
50 17-27a-802. Enforcement.
51 (1) (a) A county or any adversely affected owner of real estate within the county in
52 which violations of this chapter or ordinances enacted under the authority of this chapter occur
53 or are about to occur may, in addition to other remedies provided by law, institute:
54 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
55 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
56 (b) A county need only establish the violation to obtain the injunction.
57 (2) (a) The county may enforce the ordinance by withholding building permits.
58 (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any

59 building or other structure within a county without approval of a building permit.
60 (c) The county may not issue a building permit unless the plans of and for the proposed
61 erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
62 effect.
63 (d) A county may not withhold approval of an improvement, modification, or addition
64 to an owner's residence based on a failure to obtain approval of a county building inspector if
65 an independent, certified building inspector, hired and paid by the owner, certifies that the
66 improvement, modification, or addition complies with applicable standards.




Legislative Review Note
as of 1-15-08 10:23 AM

Office of Legislative Research and General Counsel