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First Substitute S.B. 135

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BUILDING CODE AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Craig A. Peterson

5    AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
6    UNIFORM BUILDING STANDARDS ACT TO BE CALLED THE UTAH BUILDING
7    STANDARDS ACT; PROVIDING DEFINITIONS; h [ CREATING REQUIREMENTS OF
8    QUALIFICATION FOR ANY PLANS EXAMINER AND ANY BUILDING OFFICIAL; ] h AND
9    MAKING TECHNICAL CORRECTIONS.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         26-15-3, as last amended by Chapter 218, Laws of Utah 1995
13         58-56-3, as last amended by Chapter 218, Laws of Utah 1995
14         58-56-5, as last amended by Chapters 225 and 243, Laws of Utah 1996
15         58-56-7, as last amended by Chapter 225, Laws of Utah 1996
16         58-56-8, as last amended by Chapter 79, Laws of Utah 1996
17         58-56-9, as last amended by Chapter 225, Laws of Utah 1996
18    Be it enacted by the Legislature of the state of Utah:
19        Section 1. Section 26-15-3 is amended to read:
20         26-15-3. Department to advise Utah Building Code Commission regarding the code
21     and specific edition of a plumbing code.
22        The department shall advise the Division of Occupational and Professional Licensing and
23    the [Uniform] Utah Building Code Commission with respect to the code and specific edition of
24    a plumbing code adopted by a nationally recognized code authority to be adopted by the Division
25    of Occupational and Professional Licensing, and amendments to that code as provided for under
26    Section 58-56-5. The department may enforce the plumbing code adopted by the Division of
27    Occupational and Professional Licensing under Section 58-56-4. The provisions of Section
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1    58-56-9 do not apply to health inspectors acting under this section.
2        Section 2. Section 58-56-3 is amended to read:
3         58-56-3. Definitions.
4        In addition to the definitions in Section 58-1-102, as used in this chapter:
5        (1) "ANSI" means American National Standards Institute, Inc.
6        (2) "Building official" means a person employed by or under contract with a local
7    regulator, state regulator, or compliance agency for the purpose of administering an agency
8    established to assure compliance with the adopted building codes, who represents the local
9    regulator, state regulator, or compliance agency in building code matters on any building
10    consisting of 10,000 square feet or more of occupiable space.
11        [(2)] (3) "Code(s)" means the NEC, building code, mechanical code, or plumbing code as
12    defined in this section and as applied in context.
13        [(3)] (4) "Commission" means the [Uniform] Utah Building Code Commission created
14    under this chapter.
15        [(4)] (5) "Compliance agency" means an agency of the state or any of its political
16    subdivisions which issue permits for construction regulated under the codes, or any other agency
17    of the state or its political subdivisions specifically empowered to enforce compliance with the
18    codes.
19        [(5)] (6) "Factory built housing" means manufactured homes or mobile homes.
20        [(10)] (7) "Factory built housing set-up contractor" means an individual licensed by the
21    division to set up or install factory built housing on a temporary or permanent basis. The scope
22    of the work included under the license includes the placement and or securing of the factory built
23    housing on a permanent or temporary foundation, securing the units together if required, and
24    connection of the utilities to the factory built housing unit, but does not include site preparation,
25    construction of a permanent foundation, and construction of utility services to the near proximity
26    of the factory built housing unit. If a dealer is not licensed as a factory built housing set up
27    contractor, that individual must subcontract the connection services to individuals who are licensed
28    by the division to perform those specific functions under Title 58, Chapter 55, Utah Construction
29    Trades Licensing Act.
30        [(6)] (8) "HUD code" means the Federal Manufactured Housing Construction and Safety
31    Standards Act.

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1        [(7)] (9) "Installation standard" means the standard adopted and published by the National
2    Conference of States on Building Codes and Standards (NCSBCS), for the installation of
3    manufactured homes titled "The Standard for Manufactured Home Installations," the
4    accompanying manufacturer's instructions for the installation of the manufactured home, or such
5    equivalent standard as adopted by rule.
6        [(8)] (10) "Local regulator" means each political subdivision of the state which is
7    empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
8    and other activities subject to the codes adopted pursuant to this chapter.
9        [(9)] (11) "Manufactured home" means a transportable factory built housing unit
10    constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
11    Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight
12    body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or
13    more square feet, and which is built on a permanent chassis and designed to be used as a dwelling
14    with or without a permanent foundation when connected to the required utilities, and includes the
15    plumbing, heating, air-conditioning, and electrical systems. All manufactured homes constructed
16    on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the
17    unit was manufactured and a HUD label attached to the exterior of the home certifying the home
18    was manufactured to HUD standards.
19        [(11)] (12) "Mobile home" means a transportable factory built housing unit built prior to
20    June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
21    Manufactured Housing and Safety Standards Act (HUD Code).
22        [(12)] (13) "Modular unit" means a structure built from sections which are manufactured
23    in accordance with the construction standards adopted pursuant to Section 58-56-4 and transported
24    to a building site, the purpose of which is for human habitation, occupancy, or use.
25        [(13)] (14) "NEC" means the National Electrical Code.
26        [(14)] (15) "Opinion" means a written, nonbinding, and advisory statement issued by the
27    commission concerning an interpretation of the meaning of the codes or the application of the
28    codes in a specific circumstance issued in response to a specific request by a party to the issue.
29         h [ (16) "Plans examiner" means a person employed by or under contract with a local
30    regulator, state regulator, or compliance agency who reviews plans for compliance with building
31    codes on any building consisting of 10,000 square feet or more of occupiable space, but does not ] h
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1     h [ include a licensed architect or engineer who reviews plans while under contract with a local
2    regulator, state regulator, or compliance agency. For purposes of plans review, a licensed
3    environmental health scientist is not a plans examiner. ] h
4        [(15)] (17) "State regulator" means an agency of the state which is empowered to engage
5    in the regulation of construction, alteration, remodeling, building, repair, and other activities
6    subject to the codes adopted pursuant to this chapter.
7        [(16)] (18) "Unlawful conduct" as defined in Section 58-1-501 includes:
8        (a) engaging in the sale of factory built housing without being registered with the division
9    as a dealer, unless the sale is exempt under Section 58-56-16; and
10        (b) selling factory built housing within the state as a dealer without collecting and
11    remitting to the division the fee required by Section 58-56-17.
12        Section 3. Section 58-56-5 is amended to read:
13         58-56-5. Building Code Commission -- Composition of commission -- Commission
14     duties and responsibilities.
15        (1) There is established a [Uniform] Utah Building Code Commission to advise the
16    division with respect to the division's responsibilities in administering the codes under this chapter.
17        (2) The commission shall be appointed by the executive director who shall submit his
18    nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative
19    names shall be submitted until confirmation is received. Following confirmation by the governor,
20    the appointment shall be made.
21        (3) The commission shall consist of eleven members who shall be appointed in accordance
22    with the following:
23        (a) one member shall be from among candidates nominated by the Utah League of Cities
24    and Towns and the Utah Association of Counties;
25        (b) one member shall be a licensed building inspector employed by a political subdivision
26    of the state;
27        (c) one member shall be a licensed professional engineer;
28        (d) one member shall be a licensed architect;
29        (e) one member shall be a fire official;
30        (f) three members shall be contractors licensed by the state, of which one shall be a general
31    contractor, one an electrical contractor, and one a plumbing contractor;
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1        (g) two members shall be from the general public and have no affiliation with the
2    construction industry or real estate development industry; and
3        (h) one member shall be from the Division of Facilities Construction Management,
4    Department of Administrative Services.
5        (4) (a) Except as required by Subsection (b), as terms of current commission members
6    expire, the executive director shall appoint each new member or reappointed member to a
7    four-year term.
8        (b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the
9    time of appointment or reappointment, adjust the length of terms to ensure that the terms of
10    commission members are staggered so that approximately half of the commission is appointed
11    every two years.
12        (5) When a vacancy occurs in the membership for any reason, the replacement shall be
13    appointed for the unexpired term.
14        (6) No commission member may serve more than two full terms, and no commission
15    member who ceases to serve may again serve on the commission until after the expiration of two
16    years from the date of cessation of service.
17        (7) A majority of the commission members shall constitute a quorum and may act on
18    behalf of the commission.
19        (8) (a) (i) Members who are not government employees shall receive no compensation or
20    benefits for their services, but may receive per diem and expenses incurred in the performance of
21    the member's official duties at the rates established by the Division of Finance under Sections
22    63A-3-106 and 63A-3-107.
23        (ii) Members may decline to receive per diem and expenses for their service.
24        (b) (i) State government officer and employee members who do not receive salary, per
25    diem, or expenses from their agency for their service may receive per diem and expenses incurred
26    in the performance of their official duties from the commission at the rates established by the
27    Division of Finance under Sections 63A-3-106 and 63A-3-107.
28        (ii) State government officer and employee members may decline to receive per diem and
29    expenses for their service.
30        (c) (i) Local government members who do not receive salary, per diem, or expenses from
31    the entity that they represent for their service may receive per diem and expenses incurred in the

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1    performance of their official duties at the rates established by the Division of Finance under
2    Sections 63A-3-106 and 63A-3-107.
3        (ii) Local government members may decline to receive per diem and expenses for their
4    service.
5        (9) The commission shall annually designate one of its members to serve as chair of the
6    commission. The division shall provide a secretary to facilitate the function of the commission
7    and to record its actions and recommendations.
8        (10) The duties and responsibilities of the commission are to:
9        (a) recommend to the director the adoption by rule of the edition of the NEC, and the
10    specific codes and editions of the codes described in Subsections 58-56-4[(1)](2)(a), (c) and (d)
11    adopted pursuant to this chapter;
12        (b) recommend to the director the adoption by rule of amendments to the NEC, the
13    building code, the mechanical code, and plumbing code adopted pursuant to this chapter;
14        (c) offer an opinion regarding the interpretation of or the application of any of the codes
15    adopted pursuant to this chapter upon a formal submission by a party to the matter in question
16    which submission must clearly state the facts in question, the specific code citation involved and
17    the position taken by all parties;
18        (d) act as an appeals board as provided in Subsection 58-56-8(3);
19        (e) establish advisory peer committees on either a standing or ad hoc basis to advise the
20    commission with respect to building code matters, including a committee to advise the commission
21    regarding health matters related to the UPC; and
22        (f) assist the division in overseeing code related training in accordance with Section
23    58-56-9.
24        Section 4. Section 58-56-7 is amended to read:
25         58-56-7. Code amendments -- Commission recommendations -- Division duties and
26     responsibilities.
27        (1) The division, with the commission, shall establish by rule the procedure and manner
28    under which requests for amendments to codes shall be:
29        (a) filed with the division; and
30        (b) recommended or declined for adoption.
31        (2) The division shall accept from any local regulators, state regulators, state agencies

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1    involved with the construction and design of buildings, the contractors, plumbers, or electricians
2    licensing boards, or from recognized construction-related associations a request for amendment
3    to the NEC, the building code, the mechanical code, or the plumbing code adopted under Section
4    58-56-4.
5        (3) The division or the commission on its own initiative may make recommendations to
6    the commission for amendment to the NEC, the building code, the mechanical code, or the
7    plumbing code adopted under Section 58-56-4.
8        (4) On May 15 and November 15 of each calendar year, or the first government working
9    day thereafter if either date falls on a weekend or government holiday, the division shall convene
10    a public hearing, as a part of the rulemaking process, before the commission concerning requests
11    for amendment of the codes, recommended by the division and commission to be adopted by rule.
12    The hearing shall be conducted in accordance with the rules of the commission.
13        (5) Within 15 days following completion of the hearing under Subsection (4) or (5), the
14    commission shall provide to the division a written recommendation concerning each amendment.
15        (6) The division shall consider the recommendations and promulgate amendments by rule
16    in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and as prescribed
17    by the director.
18        (7) The decision of the division to accept or reject the recommendation of the commission
19    shall be made within 15 days after receipt of the recommendation.
20        (8) All decisions of the division pertaining to adoption of a code edition or amendments
21    to any code, which are contrary to recommendations of the commission, may be overridden by a
22    two-thirds vote of the commission according to a procedure to be established by rule.
23        (9) (a) Amendments with statewide application:
24        (i) shall be effective on the January 1 or July 1 [immediately following the public hearing];
25    or
26        (ii) may be effective prior to the dates in Subsection (i) if designated by the division and
27    the commission as necessary for the public health, safety, and welfare.
28        (b) Amendments with local application only shall be effective on a date to be determined
29    by the division and the commission.
30        (c) In making rules required by this chapter, the division shall comply with the provisions
31    of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the provisions of that chapter shall

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1     have control over this section in case of any conflict.
2        [(10) The commission shall study the necessity of an engineer's stamp on all building
3    permits. This study shall be reported to the Business and Labor Interim Committee by November
4    1996.]
5        Section 5. Section 58-56-8 is amended to read:
6         58-56-8. Compliance with codes -- Responsibility for inspections -- Appeals.
Text Box

Amend on 3_goldenrod February 17, 1997
7        (1) S (a) s The responsibility for inspection and plans review of construction projects and
8    enforcement of compliance with provisions of the codes shall be with the compliance agency
9    having jurisdiction over the project and the applicable codes.
9a         h [S (b) IF A COMPLIANCE AGENCY EMPLOYS AN INDIVIDUAL QUALIFIED FOR
9a 1      INSPECTION
9b    AND PLANS REVIEW AS PROVIDED IN THIS CHAPTER, THE DIVISION MAY NOT REQUIRE A
9c     COMPLIANCE AGENCY TO CONTRACT FOR THE SERVICES OF A QUALIFIED INSPECTOR
9c1     OR PLANS
9d     EXAMINER NOT REGULARLY EMPLOYED BY THE AGENCY. s] h
10        (2) A finding by a compliance agency that a licensed contractor, electrician, or plumber
11    has materially violated the provisions of a code in a manner to jeopardize the public health, safety,
12    and welfare and failed to comply with corrective orders of the compliance agency shall be
13    furnished in writing to the division by the compliance agency. It is the responsibility of the
14    compliance agency to conduct a primary investigation to determine that, in fact, there has been a
15    material violation of the provisions of the code jeopardizing the public interest and provide the
16    report of investigation to the division.
17        (3) Each compliance agency shall establish a method of appeal by which a person
18    disputing the application and interpretation of a code may appeal and receive a timely review of
19    the disputed issues in accordance with provisions of the National Electrical Code, the building
20    code, the mechanical code, or the plumbing code adopted under Section 58-56-4. If a compliance
21    agency refuses to establish a method of appeal, the commission shall act as the appeals board and
22    conduct a hearing within 45 days. The findings of the commission shall be binding. An appeals
23    board established under this section shall have no authority to interpret the administrative
24    provisions of the codes nor shall the appeals board be empowered to waive requirements of the
25    codes.
26        Section 6. Section 58-56-9 is amended to read:
27         58-56-9. Qualifications of inspectors -- Contract for inspection services.
28        (1) Effective July 1, 1993, [all inspectors] any inspector employed by a local regulator,
29    state regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this
30    chapter shall:
31        (a) meet the minimum qualifications as established by the division in collaboration with
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1    the commission [or], be certified by a nationally recognized organization which promulgates codes
2    adopted under this chapter, or pass an examination developed by the division in collaboration with
3    the commission;
4        (b) be currently licensed by the division as meeting those minimum qualifications; and
5        (c) be subject to revocation or suspension of [their] license or may be placed on probation
6    if found guilty of unlawful or unprofessional conduct.
7         h [(2) On or after July 1, 1999, any plans examiner employed by a local regulator, state
8    regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this chapter
9    shall:
10        (a) meet the minimum qualifications as established by the division in collaboration with
11    the commission;
12        (b) be currently licensed by the division as meeting those minimum qualifications; and
13        (c) be subject to revocation or suspension of license or may be placed on probation if
14    found guilty of unlawful or unprofessional conduct.
15        (3) On or after July 1, 1999, any building official employed by a local regulator, state
16    regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this chapter
17    shall:
18        (a) meet the minimum qualifications as established by the division in collaboration with
19    the commission;
20        (b) be currently licensed by the division as meeting those minimum qualifications; and
21        (c) be subject to revocation or suspension of license or may be placed on probation if
22    found guilty of unlawful or unprofessional conduct.] h
23        [(2)] (4) A local regulator, state regulator, or compliance agency may contract for the
24    services of a licensed inspector not regularly employed by the regulator or agency.
25        [(3)] (5) (a) The division shall use the monies received in Subsection [(4)] (6) to provide
26    education regarding the codes and code amendments to:
27        (i) building inspectors; and
28        (ii) individuals engaged in construction-related trades.
29        (b) All funding available for the building inspector's education program shall be
30    nonlapsing.
31        [(4)] (6) Each compliance agency shall charge a 1% surcharge on all building permits

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1    issued and shall transmit 80% of the amount collected to the division to be utilized by the division
2    to fulfill the requirements of Subsection [(3)] (5). The surcharge shall be deposited as a dedicated
3    credit.

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