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Section 27 | State Construction Registry. |
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38-1-27. State Construction Registry. (1) As used in this section, Sections 38-1-30 through 38-1-36, and Section 38-1-40: (a) "Alternate filing" means a legible and complete filing made in a manner established by the division under Subsection (2)(e) other than an electronic filing. (b) "Cancel" means to indicate that a filing is no longer given effect. (c) "Construction lender" means a lender who provides construction financing for a private project. (d) "Construction project" or "project" means all labor, service, equipment, and materials provided under an original contract. (e) "Database" means the State Construction Registry created in this section. (f) (i) "Designated agent" means the third party the division contracts with to create and maintain the State Construction Registry. (ii) The designated agent is not an agency, instrumentality, or a political subdivision of the state. (g) "Division" means the Division of Occupational and Professional Licensing. (h) "Entry number" means the reference number that: (i) the designated agent assigns to each notice or other document filed with the database; and (ii) is unique for each notice or other document. (i) "Government project" means a construction project undertaken by or for: (i) the state, including a department, division, or other agency of the state; or (ii) a county, city, town, school district, local district, special service district, community development and renewal agency, or other political subdivision of the state. (j) "Government project-identifying information" means: (i) the lot or parcel number of each lot included in the project property that has a lot or parcel number; and (ii) the unique project number assigned by the designated agent. (k) "Interested person" means a person who may be affected by a construction project. (l) "Private project" means a construction project that is not a government project. (m) "Program" means the State Construction Registry Program created in this section. (n) "Project property" means the real property on which a construction project occurs or will occur. (2) Subject to receiving adequate funding through a legislative appropriation and contracting with an approved third party vendor who meets the requirements of Sections 38-1-30 through 38-1-36, there is created the State Construction Registry Program that shall: (a) (i) assist in protecting public health, safety, and welfare; and (ii) promote a fair working environment; (b) be overseen by the division with the assistance of the designated agent; (c) provide a central repository for all notices filed with the database under Section 38-1-30.5, 38-1-30.7, 38-1-31.5, 38-1-32, 38-1-32.5, 38-1-32.7, 38-1-33, or 38-1-40; (d) make accessible, by way of the program Internet website: (i) the filing and review of notices described in Subsection (2)(c); and (ii) the transmitting of building permit information under Subsection 38-1-31(2)(a) and the reviewing of that information; (e) accommodate: (i) electronic filing of the notices described in Subsection (2)(c) and electronic transmitting of building permit information described in Subsection (2)(d)(ii); and (ii) alternate filing of the notices described in Subsection (2)(d) by U.S. mail, telefax, or any other alternate method as provided by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (f) (i) provide electronic notification for up to three email addresses for each interested person or company who requests notice from the construction notice registry; and (ii) provide alternate means of notification for a person who makes an alternate filing, including U.S. mail, telefax, or any other method as prescribed by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (g) provide hard-copy printing of electronic receipts for an individual filing evidencing the date and time of the individual filing and the content of the individual filing. (3) (a) The designated agent shall provide notice of all other filings for a project to any person who files a notice of commencement, preliminary notice, or notice of completion for that project, unless the person: (i) requests that the person not receive notice of other filings; or (ii) does not provide the designated agent with the person's contact information in a manner that adequately informs the designated agent. (b) An interested person may request notice of filings related to a project. (c) The database shall be indexed by: (i) the name of the property owner; (ii) the name of the original contractor; (iii) subdivision, development, or other project name, if any; (iv) lot or parcel number; (v) the address of the project property; (vi) entry number; (vii) the name of the county in which the project property is located; (viii) for private projects: (A) the tax parcel identification number of each parcel included in the project property; and (B) the building permit number; (ix) for government projects, the government project-identifying information; and (x) any other identifier that the division considers reasonably appropriate in collaboration with the designated agent. (4) (a) In accordance with the process required by Section 63J-1-504, the division shall establish the fees for: (i) notices described in Subsection (2)(c); (ii) a request for notice; (iii) providing a required notice by an alternate filing; (iv) a duplicate receipt of a filing; and (v) account setup for a person who wishes to be billed periodically for filings with the database. (b) The fees allowed under Subsection (4)(a) may not exceed the amount reasonably necessary to create and maintain the database. (c) The fees established by the division may vary by method of filing if one form of filing
is more costly to process than another form of filing.
document applies is located;
Amended by Chapter 299, 2011 General Session, (Coordination Clause) |
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