First Substitute S.B. 184
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7 LONG TITLE
8 General Description:
9 This bill enacts language related to construction inspections by local government.
10 Highlighted Provisions:
11 This bill:
12 . addresses fees collected for construction inspections;
13 . prohibits a compliance agency from denying a permit or withdrawing a certificate of
14 occupancy in certain circumstances; and
15 . makes technical and conforming amendments.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 10-5-132 , Utah Code Annotated 1953
23 10-6-160 , Utah Code Annotated 1953
24 15A-1-104 , Utah Code Annotated 1953
25 17-36-55 , Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-5-132 is enacted to read:
29 10-5-132. Fees collected for construction or land use approval.
30 (1) As used in this section, "construction project" is as defined in Section 38-1a-102 .
31 (2) A fee collected by a town for the inspection of a construction project, shall ensure
32 that the construction project receives a prompt inspection.
33 (3) If a town cannot provide a building inspection within a reasonable time, the town
34 shall promptly engage an independent inspector with fees collected from the applicant.
35 Section 2. Section 10-6-160 is enacted to read:
36 10-6-160. Fees collected for construction or land use approval.
37 (1) As used in this section, "construction project" is as defined in Section 38-1a-102 .
38 (2) A fee collected by a city for the inspection of a construction project, shall ensure
39 that the construction project receives a prompt inspection.
40 (3) If a city cannot provide a building inspection within three business days, the city
41 shall promptly engage an independent inspector with fees collected from the applicant.
42 Section 3. Section 15A-1-104 is enacted to read:
43 15A-1-104. Permit approval required -- Certificate of occupancy valid.
44 (1) As used in this section:
45 (a) "Compliance agency" is as defined in Section 15A-1-202 .
46 (b) "Project" is as defined in Section 15A-1-209 .
47 (2) A compliance agency for a political subdivision may not reject a permit or
48 otherwise withhold approval of a project whenever approval is required for failure to comply
49 with the applicable provisions of this title unless the compliance agency:
50 (a) cites with specificity the applicable provision with which the project has failed to
51 comply; and
52 (b) describes how the project has failed to comply.
53 (3) If a compliance agency or a representative of a compliance agency issues a
54 certificate of occupancy, the compliance agency may not withdraw the certificate of occupancy
55 or exert additional jurisdiction over the elements of the project for which the certificate was
56 issued unless additional changes or modifications requiring a building permit are made to
57 elements of the project after the certificate was issued.
58 Section 4. Section 17-36-55 is enacted to read:
59 17-36-55. Fees collected for construction or land use approval.
60 (1) As used in this section, "construction project" is as defined in Section 38-1a-102 .
61 (2) A fee collected by a county for the inspection of a construction project, shall ensure
62 that the construction project receives a prompt inspection.
63 (3) If a county cannot provide a building inspection within three business days, the
64 county shall promptly engage an independent inspector with fees collected from the applicant.
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