58-56-3. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) (a) "Adopted code" means:
(i) (A) a new edition of or amendment to an existing code, including the standards and
specifications contained in the code, adopted by the Legislature under Section 58-56-7; and
(B) administered by the division under Section 58-56-6; and
(ii) adopted by a nationally recognized code authority, including:
(A) a building code;
(B) the National Electrical Code promulgated by the National Fire Protection
Association;
(C) a residential one and two family dwelling code;
(D) a plumbing code;
(E) a mechanical code;
(F) a fuel gas code;
(G) an energy conservation code; and
(H) a manufactured housing installation standard code.
(b) "Adopted code" includes:
(i) a fire code administered by the Fire Prevention Board under Section 53-7-204; and
(ii) a code listed in Subsection (1)(a)(ii) that was adopted or amended by the division and
Uniform Building Code Commission or the Fire Protection Board before May 12, 2009.
(2) (a) (i) "Approved code" means a code, including the standards and specifications
contained in the code, approved by the division under Section 58-56-4 for use by a compliance
agency; and
(ii) administered by the division under Section 58-56-6.
(b) "Approved code" does not include an adopted code listed under Subsection (1)(b).
(3) "Board" means the Fire Prevention Board created in Section 53-7-203.
(4) "Building" means a structure used or intended for supporting or sheltering any use or
occupancy and any improvements attached to it.
(5) "Commission" means the Uniform Building Code Commission created under this
chapter.
(6) "Compliance agency" means:
(a) an agency of the state or any of its political subdivisions which issues permits for
construction regulated under the codes;
(b) any other agency of the state or its political subdivisions specifically empowered to
enforce compliance with the codes; or
(c) any other state agency which chooses to enforce codes adopted under this chapter by
authority given the agency under a title other than Title 58, Occupations and Professions.
(7) "Factory built housing" means manufactured homes or mobile homes.
(8) (a) "Factory built housing set-up contractor" means an individual licensed by the
division to set up or install factory built housing on a temporary or permanent basis.
(b) The scope of the work included under the license includes the placement or securing,
or both placement and securing, of the factory built housing on a permanent or temporary
foundation, securing the units together if required, and connection of the utilities to the factory
built housing unit, but does not include site preparation, construction of a permanent foundation,
and construction of utility services to the near proximity of the factory built housing unit.
(c) If a dealer is not licensed as a factory built housing set-up contractor, that individual
must subcontract the connection services to individuals who are licensed by the division to
perform those specific functions under Title 58, Chapter 55, Utah Construction Trades Licensing
Act.
(9) "HUD code" means the National Manufactured Housing Construction and Safety
Standards Act, 42 U.S.C. Sec. 5401 et seq.
(10) "Legislative action" means the Legislature's:
(a) adoption of a new adopted code;
(b) adoption of an amendment to an existing adopted code;
(c) repeal of an adopted code; or
(d) repeal of a provision of an adopted code.
(11) "Local regulator" means each political subdivision of the state which is empowered
to engage in the regulation of construction, alteration, remodeling, building, repair, and other
activities subject to the codes.
(12) (a) "Manufactured home" means a transportable factory built housing unit
constructed on or after June 15, 1976, according to the HUD Code, in one or more sections,
which:
(i) in the traveling mode, is eight body feet or more in width or 40 body feet or more in
length, or when erected on site, is 400 or more square feet; and
(ii) is built on a permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air-conditioning, and electrical systems.
(b) Manufactured homes constructed on or after June 15, 1976, shall be identifiable by
the manufacturer's data plate bearing the date the unit was manufactured and a HUD label
attached to the exterior of the home certifying the home was manufactured to HUD standards.
(13) "Mobile home" means a transportable factory built housing unit built prior to June
15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code.
(14) "Modular unit" means a structure built from sections which are manufactured in
accordance with the construction standards adopted pursuant to Section 58-56-4 and transported
to a building site, the purpose of which is for human habitation, occupancy, or use.
(15) "Opinion" means a written, nonbinding, and advisory statement issued by the
commission concerning an interpretation of the meaning of the codes or the application of the
codes in a specific circumstance issued in response to a specific request by a party to the issue.
(16) "State regulator" means an agency of the state which is empowered to engage in the
regulation of construction, alteration, remodeling, building, repair, and other activities subject to
the codes adopted pursuant to this chapter.
Amended by Chapter 339, 2009 General Session
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Last revised: Thursday, May 28, 2009