(b) Every other time a nationally recognized code receives a regularly scheduled update, the
commission shall, no later than November 30 of the year that the update is released, recommend to the
Business and Labor Interim Committee whether the Legislature should adopt the updated nationally
recognized code, with any modifications.
{
(b)
}
(c)
The commission may recommend legislative action related to the State
Construction Code:
(i) on its own initiative;
(ii) upon the recommendation of the division; or
(iii) upon the receipt of a request by one of the following that the commission recommend legislative
action related to the State Construction Code:
(A) a local regulator;
(B) a state regulator;
(C) a state agency involved with the construction and design of a building;
(D) the Construction Services Commission;
(E) the Electrician Licensing Board;
(F) the Plumbers Licensing Board; or
(G) a recognized construction-related association.
(4) 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:
(a) adopt a new State Construction Code in its entirety; or
(b) amend or repeal one or more provisions of the State Construction Code.
(5) (a) Notwithstanding Subsection (3), 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:
(i) cause an imminent peril to the public health, safety, or welfare; or
(ii) place a person in violation of federal or other state law.
(b) If the commission amends the State Construction Code in accordance with this Subsection (5), the
commission shall file with the division:
(i) the text of the amendment to the State Construction Code; and
(ii) an analysis that includes the specific reasons and justifications for the commission's findings.
(c) If the State Construction Code is amended under this Subsection (5), the division shall:
(i) publish the amendment to the State Construction Code in accordance with Section
15A-1-205
; and
(ii) notify the Business and Labor Interim Committee of the amendment to the State Construction
Code, including a copy of the commission's analysis described in Subsection (5)(b).
(d) If not formally adopted by the Legislature at its next annual general session, an amendment to the
State Construction Code under this Subsection (5) is repealed on the July 1 immediately following the next
annual general session that follows the adoption of the amendment.
(6) (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.
(b) If the code adopted by a compliance agency is an approved code described in Subsection (6)(a),
the compliance agency may:
(i) adopt an ordinance requiring removal, demolition, or repair of a building;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(7) (a) Except as provided in Subsection (7)(b), a structure used solely in conjunction with agriculture
use, and not for human occupancy, is exempt from the permit requirements of the State Construction Code.
(b) (i) Unless exempted by a provision other than Subsection (7)(a), a plumbing, electrical, and
mechanical permit may be required when that work is included in a structure described in Subsection (7)(a).
(ii) Unless located in whole or in part in an agricultural protection area created under Title 17, Chapter
41, Agriculture and Industrial Protection Area, a structure described in Subsection (7)(a) is not exempt from a
permit requirement if the structure is located on land that is:
(A) within the boundaries of a city or town, and less than five contiguous acres; or
(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.
Renumber remaining sections accordingly.
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