58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
other codes -- Exemptions.
(1) As used in this section:
(a) "agricultural use" means a use that relates to the tilling of soil and raising of crops, or
keeping or raising domestic animals;
(b) "not for human occupancy" means use of a structure for purposes other than
protection or comfort of human beings, but allows people to enter the structure for:
(i) maintenance and repair; and
(ii) the care of livestock, crops, or equipment intended for agricultural use which are kept
there; and
(c) "residential area" means land that is not used for an agricultural use and is:
(i) (A) within the boundaries of a city or town; and
(B) less than five contiguous acres;
(ii) (A) within a subdivision for which the county has approved a subdivision plat under
Title 17, Chapter 27a, Part 6, Subdivisions; and
(B) less than two contiguous acres; or
(iii) not located in whole or in part in an agricultural protection area created under Title
17, Chapter 41, Agriculture and Industrial Protection Areas.
(2) A person shall follow an adopted code when:
(a) new construction is involved; and
(b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
(i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
conservation, or reconstruction of the building; or
(ii) changing the character or use of the building in a manner which increases the
occupancy loads, other demands, or safety risks of the building.
(3) (a) Beginning May 12, 2009, the board and commission shall, in accordance with
Sections 53-7-204 and 58-56-5, make recommendations to the Business and Labor Interim
Committee as to whether or not the Legislature should take legislative action.
(b) (i) 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.
(ii) The legislation described in Subsection (3)(b)(i) shall direct:
(A) the division to administer an adopted code, excluding the fire code, in accordance
with legislative action approved by the Legislature; and
(B) the board to administer an adopted fire code in accordance with legislative action
approved by the Legislature.
(4) (a) Notwithstanding Subsection (3), the commission may, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, adopt an adopted code, except the fire
code, if the commission determines that waiting for legislative action in the next general
legislative session under Subsection (3) 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 adopts an adopted code under Subsection (4)(a), the commission
shall file with the division:
(i) the text of the adopted code; and
(ii) an analysis that includes the specific reasons and justifications for its findings.
(c) The division shall, in accordance with Subsection (4)(b):
(i) publish the adopted code in accordance with Section 58-56-6; and
(ii) notify the Business and Labor Interim Committee of the adoption, 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
adopted code adopted under this Subsection (4) is repealed effective at midnight on the last day
that the Legislature adjourns sine die at its next annual general session.
(5) (a) Notwithstanding Subsection (3), the board may, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, adopt a fire code, if the board determines that
waiting for legislative action in the next general legislative session under Subsection (3) 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) The board shall:
(i) publish the adopted fire code; and
(ii) notify the Business and Labor Interim Committee of the adoption, including a copy
of an analysis by the board identifying specific reasons and justifications for its findings.
(c) If not formally adopted by the Legislature at its next annual general session, a fire
code adopted under this Subsection (5) is repealed effective at midnight on the last day that the
Legislature adjourns sine die at its next annual general session.
(6) (a) The division, in consultation with the commission, has discretion to approve,
without adopting, certain approved codes, including specific editions of the approved codes, for
use by a compliance agency.
(b) Under Subsection (6)(a), a compliance agency has the discretion to:
(i) adopt an ordinance requiring removal, demolition, or repair of a building, according to
an adopted code;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(7) (a) Except in a residential area, a structure used solely in conjunction with agriculture
use, and not for human occupancy, is exempted from the permit requirements of an adopted
code.
(b) Notwithstanding Subsection (7)(a), unless otherwise exempted, plumbing, electrical,
and mechanical permits may be required when that work is included in the structure.
Amended by Chapter 339, 2009 General Session
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Last revised: Thursday, May 28, 2009