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.