58-56-21.   Review of building inspection.
     (1) As used in this section, "International Residential Code" or "IRC" means the International Residential Code as adopted in this chapter and by rule.
     (2) Subject to Subsection (3), a city or county shall, by ordinance, provide for review of an inspection conducted by the city's or county's building inspector for a single-family residential building permit.
     (3) Upon request by a person seeking a single-family residential building permit, a chief executive officer of the municipal or county issuing the single-family residential building permit, or the chief executive officer's designee, shall, with reasonable diligence, review an inspection described in Subsection (2) to determine whether the inspection constitutes a fair administration of the building code.
     (4) A review described in this section:
     (a) is separate and unrelated to an appeal under the IRC;
     (b) may not be used to review a matter that may be brought by appeal under the IRC;
     (c) may not result in the waiver or modification of an IRC requirement or standard;
     (d) may not conflict with an appeal, or the result of an appeal, under the IRC; and
     (e) does not prohibit a person from bringing an appeal under the IRC.
     (5) A person who seeks a review described in this section may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the IRC on the grounds that the person raised the issue or brought the claim in the review described in this section.

Enacted by Chapter 129, 2009 General Session
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Last revised: Thursday, May 28, 2009