Title 17 Chapter 36 Section 55

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Index	Utah Code
Title 17	Counties
Chapter 36	Uniform Fiscal Procedures Act for Counties
Section 55	Fees collected for construction approval -- Approval of plans. *(Effective 5/1/2024)* *(Renumbered 5/7/2025)*

Effective 5/1/2024
Renumbered 5/7/2025
17-36-55. Fees collected for construction approval -- Approval of plans.

(1)

As used in this section:

(a)	"Business day" means a day other than Saturday, Sunday, or a legal holiday.

(b)	"Construction project" means the same as that term is defined in Section 38-1a-102.

(c)

"Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following:

(i)	a bed and breakfast establishment;

(ii)	a boarding house;

(iii)

a dormitory;

(iv)

a hotel;

(v)

an inn;

(vi)	a lodging house;

(vii)

a motel;

(viii)

a resort; or

(ix)	a rooming house.

(d)

"Planning review" means a review to verify that a county has approved the following elements of a construction project:

(i)

zoning;

(ii)	lot sizes;

(iii)

setbacks;

(iv)	easements;

(v)	curb and gutter elevations;

(vi)	grades and slopes;

(vii)

utilities;

(viii)

street names;

(ix)	defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and

(x)	subdivision.

(e)

(i)

"Plan review" means all of the reviews and approvals of a plan that a county requires to obtain a building permit from the county with a scope that may not exceed a review to verify:

(A)	that the construction project complies with the provisions of the State Construction Code under Title 15A, State Construction and Fire Codes Act;

(B)	that the construction project complies with the energy code adopted under Section 15A-2-103;

(C)	that the construction project received a planning review;

(D)	that the applicant paid any required fees;

(E)	that the applicant obtained final approvals from any other required reviewing agencies;

(F)	that the construction project complies with federal, state, and local storm water protection laws;

(G)	that the construction project received a structural review;

(H)	the total square footage for each building level of finished, garage, and unfinished space; and

(I)	that the plans include a printed statement indicating that the actual construction will comply with applicable local ordinances and the state construction codes.

(ii)

"Plan review" does not mean a review of a document:

(A)	required to be re-submitted for a construction project other than a construction project for a one to two family dwelling or townhome if additional modifications or substantive changes are identified by the plan review;

(B)	submitted as part of a deferred submittal when requested by the applicant and approved by the building official; or

(C)	that, due to the document's technical nature or on the request of the applicant, is reviewed by a third party.

(f)	"State Construction Code" means the same as that term is defined in Section 15A-1-102.

(g)	"State Fire Code" means the same as that term is defined in Section 15A-1-102.

(h)

"Structural review" means:

(i)

a review that verifies that a construction project complies with the following:

(A)	footing size and bar placement;

(B)	foundation thickness and bar placement;

(C)	beam and header sizes;

(D)	nailing patterns;

(E)	bearing points;

(F)	structural member size and span; and

(G)	sheathing; or

(ii)	if the review exceeds the scope of the review described in Subsection (1)(h)(i), a review that a licensed engineer conducts.

(i)	"Technical nature" means a characteristic that places an item outside the training and expertise of an individual who regularly performs plan reviews.

(2)

(a)	If a county collects a fee for the inspection of a construction project, the county shall ensure that the construction project receives a prompt inspection.

(b)

If a county cannot provide a building inspection within three business days after the day on which the county receives the request for the inspection, the applicant may engage an inspection with a third-party inspection firm from the third-party inspection firm list, as described in Section 15A-1-105.

(c)

If an inspector identifies one or more violations of the State Construction Code or State Fire Code during an inspection, the inspector shall give the permit holder written notification that:

(i)	identifies each violation;

(ii)	upon request by the permit holder, includes a reference to each applicable provision of the State Construction Code or State Fire Code; and

(iii)

is delivered:

(A)	in hardcopy or by electronic means; and

(B)	the day on which the inspection occurs.

(3)

(a)	A county shall complete a plan review of a construction project for a one to two family dwelling or townhome by no later than 14 business days after the day on which the applicant submits a complete building permit application to the county.

(b)

A county shall complete a plan review of a construction project for a residential structure built under the International Building Code, not including a lodging establishment, by no later than 21 business days after the day on which the applicant submits a complete building permit application to the county.

(c)

(i)	Subject to Subsection (3)(c)(ii), if a county does not complete a plan review before the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the county complete the plan review.

(ii)

If an applicant makes a request under Subsection (3)(c)(i), the county shall perform the plan review no later than:

(A)	for a plan review described in Subsection (3)(a), 14 days from the day on which the applicant makes the request; or

(B)	for a plan review described in Subsection (3)(b), 21 days from the day on which the applicant makes the request.

(d)

An applicant may:

(i)	waive the plan review time requirements described in this Subsection (3); or

(ii)	with the county's consent, establish an alternative plan review time requirement.

(4)

A county may not enforce a requirement to have a plan review if:

(a)	the county does not complete the plan review within the time period described in Subsection (3)(a) or (b); and

(b)	a licensed architect or structural engineer, or both when required by law, stamps the plan.

(5)

(a)

A county may attach to a reviewed plan a list that includes:

(i)	items with which the county is concerned and may enforce during construction; and

(ii)	building code violations found in the plan.

(b)	A county may not require an applicant to redraft a plan if the county requests minor changes to the plan that the list described in Subsection (5)(a) identifies.

(c)	A county may require a single resubmittal of plans for a one or two family dwelling or townhome if the resubmission is required to address deficiencies identified by a third-party review of a geotechnical report or geological report.

(6)	If a county charges a fee for a building permit, the county may not refuse payment of the fee at the time the applicant submits a building permit application under Subsection (3).

(7)	A county may not limit the number of building permit applications submitted under Subsection (3).

(8)

For purposes of Subsection (3), a building permit application is complete if the application contains:

(a)

the name, address, and contact information of:

(i)	the applicant; and

(ii)	the construction manager/general contractor, as defined in Section 63G-6a-103, for the construction project;

(b)

a site plan for the construction project that:

(i)	is drawn to scale;

(ii)	includes a north arrow and legend; and

(iii)

provides specifications for the following:

(A)	lot size and dimensions;

(B)	setbacks and overhangs for setbacks;

(C)	easements;

(D)	property lines;

(E)	topographical details, if the slope of the lot is greater than 10%;

(F)	retaining walls;

(G)	hard surface areas;

(H)	curb and gutter elevations as indicated in the subdivision documents;

(I)	utilities, including water meter and sewer lateral location;

(J)	street names;

(K)	driveway locations;

(L)	defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and

(M)	the location of the nearest hydrant;

(c)

construction plans and drawings, including:

(i)	elevations, only if the construction project is new construction;

(ii)	floor plans for each level, including the location and size of doors and windows;

(iii)

foundation, structural, and framing detail; and

(iv)	electrical, mechanical, and plumbing design;

(d)	documentation of energy code compliance;

(e)	structural calculations, except for trusses;

(f)

a geotechnical report, including a slope stability evaluation and retaining wall design, if:

(i)	the slope of the lot is greater than 15%; and

(ii)	required by the county; and

(g)	a statement indicating that actual construction will comply with applicable local ordinances and building codes.

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