S.B. 135

1

BUILDING CODE AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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; CREATING REQUIREMENTS OF
8 QUALIFICATION FOR ANY PLANS EXAMINER AND ANY BUILDING OFFICIAL; 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 58-56-9, as last amended by Chapter 225, Laws of Utah 1996
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 26-15-3 is amended to read:
19 26-15-3. Department to advise Utah Building Code Commission regarding the code
20 and specific edition of a plumbing code.
21 The department shall advise the Division of Occupational and Professional Licensing and
22 the [Uniform] Utah Building Code Commission with respect to the code and specific edition of
23 a plumbing code adopted by a nationally recognized code authority to be adopted by the Division
24 of Occupational and Professional Licensing, and amendments to that code as provided for under
25 Section 58-56-5. The department may enforce the plumbing code adopted by the Division of
26 Occupational and Professional Licensing under Section 58-56-4. The provisions of Section
27 58-56-9 do not apply to health inspectors acting under this section.

1 Section 2. Section 58-56-3 is amended to read:
2 58-56-3. Definitions.
3 In addition to the definitions in Section 58-1-102, as used in this chapter:
4 (1) "ANSI" means American National Standards Institute, Inc.
5 (2) "Building official" means a person employed by or under contract with a local
6 regulator, state regulator, or compliance agency for the purpose of administering an agency
7 established to assure compliance with the adopted building codes, who represents the local
8 regulator, state regulator, or compliance agency in building code matters.
9 [(2)] (3) "Code(s)" means the NEC, building code, mechanical code, or plumbing code as
10 defined in this section and as applied in context.
11 [(3)] (4) "Commission" means the [Uniform] Utah Building Code Commission created
12 under this chapter.
13 [(4)] (5) "Compliance agency" means an agency of the state or any of its political
14 subdivisions which issue permits for construction regulated under the codes, or any other agency
15 of the state or its political subdivisions specifically empowered to enforce compliance with the
16 codes.
17 [(5)] (6) "Factory built housing" means manufactured homes or mobile homes.
18 [(10)] (7) "Factory built housing set-up contractor" means an individual licensed by the
19 division to set up or install factory built housing on a temporary or permanent basis. The scope
20 of the work included under the license includes the placement and or securing of the factory built
21 housing on a permanent or temporary foundation, securing the units together if required, and
22 connection of the utilities to the factory built housing unit, but does not include site preparation,
23 construction of a permanent foundation, and construction of utility services to the near proximity
24 of the factory built housing unit. If a dealer is not licensed as a factory built housing set up
25 contractor, that individual must subcontract the connection services to individuals who are licensed
26 by the division to perform those specific functions under Title 58, Chapter 55, Utah Construction
27 Trades Licensing Act.
28 [(6)] (8) "HUD code" means the Federal Manufactured Housing Construction and Safety
29 Standards Act.
30 [(7)] (9) "Installation standard" means the standard adopted and published by the National
31 Conference of States on Building Codes and Standards (NCSBCS), for the installation of

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1 manufactured homes titled "The Standard for Manufactured Home Installations," the
2 accompanying manufacturer's instructions for the installation of the manufactured home, or such
3 equivalent standard as adopted by rule.
4 [(8)] (10) "Local regulator" means each political subdivision of the state which is
5 empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
6 and other activities subject to the codes adopted pursuant to this chapter.
7 [(9)] (11) "Manufactured home" means a transportable factory built housing unit
8 constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
9 Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight
10 body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or
11 more square feet, and which is built on a permanent chassis and designed to be used as a dwelling
12 with or without a permanent foundation when connected to the required utilities, and includes the
13 plumbing, heating, air-conditioning, and electrical systems. All manufactured homes constructed
14 on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the
15 unit was manufactured and a HUD label attached to the exterior of the home certifying the home
16 was manufactured to HUD standards.
17 [(11)] (12) "Mobile home" means a transportable factory built housing unit built prior to
18 June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
19 Manufactured Housing and Safety Standards Act (HUD Code).
20 [(12)] (13) "Modular unit" means a structure built from sections which are manufactured
21 in accordance with the construction standards adopted pursuant to Section 58-56-4 and transported
22 to a building site, the purpose of which is for human habitation, occupancy, or use.
23 [(13)] (14) "NEC" means the National Electrical Code.
24 [(14)] (15) "Opinion" means a written, nonbinding, and advisory statement issued by the
25 commission concerning an interpretation of the meaning of the codes or the application of the
26 codes in a specific circumstance issued in response to a specific request by a party to the issue.
27 (16) "Plans examiner" means a person employed by or under contract with a local
28 regulator, state regulator, or compliance agency who reviews plans for compliance with building
29 codes, but does not include a licensed architect or engineer who reviews plans while under contract
30 with a local regulator, state regulator, or compliance agency.
31 [(15)] (17) "State regulator" means an agency of the state which is empowered to engage

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1 in the regulation of construction, alteration, remodeling, building, repair, and other activities
2 subject to the codes adopted pursuant to this chapter.
3 [(16)] (18) "Unlawful conduct" as defined in Section 58-1-501 includes:
4 (a) engaging in the sale of factory built housing without being registered with the division
5 as a dealer, unless the sale is exempt under Section 58-56-16; and
6 (b) selling factory built housing within the state as a dealer without collecting and
7 remitting to the division the fee required by Section 58-56-17.
8 Section 3. Section 58-56-5 is amended to read:
9 58-56-5. Building Code Commission -- Composition of commission -- Commission
10 duties and responsibilities.
11 (1) There is established a [Uniform] Utah Building Code Commission to advise the
12 division with respect to the division's responsibilities in administering the codes under this chapter.
13 (2) The commission shall be appointed by the executive director who shall submit his
14 nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative
15 names shall be submitted until confirmation is received. Following confirmation by the governor,
16 the appointment shall be made.
17 (3) The commission shall consist of eleven members who shall be appointed in accordance
18 with the following:
19 (a) one member shall be from among candidates nominated by the Utah League of Cities
20 and Towns and the Utah Association of Counties;
21 (b) one member shall be a licensed building inspector employed by a political subdivision
22 of the state;
23 (c) one member shall be a licensed professional engineer;
24 (d) one member shall be a licensed architect;
25 (e) one member shall be a fire official;
26 (f) three members shall be contractors licensed by the state, of which one shall be a general
27 contractor, one an electrical contractor, and one a plumbing contractor;
28 (g) two members shall be from the general public and have no affiliation with the
29 construction industry or real estate development industry; and
30 (h) one member shall be from the Division of Facilities Construction Management,
31 Department of Administrative Services.

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1 (4) (a) Except as required by Subsection (b), as terms of current commission members
2 expire, the executive director shall appoint each new member or reappointed member to a
3 four-year term.
4 (b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the
5 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6 commission members are staggered so that approximately half of the commission is appointed
7 every two years.
8 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
9 appointed for the unexpired term.
10 (6) No commission member may serve more than two full terms, and no commission
11 member who ceases to serve may again serve on the commission until after the expiration of two
12 years from the date of cessation of service.
13 (7) A majority of the commission members shall constitute a quorum and may act on
14 behalf of the commission.
15 (8) (a) (i) Members who are not government employees shall receive no compensation or
16 benefits for their services, but may receive per diem and expenses incurred in the performance of
17 the member's official duties at the rates established by the Division of Finance under Sections
18 63A-3-106 and 63A-3-107.
19 (ii) Members may decline to receive per diem and expenses for their service.
20 (b) (i) State government officer and employee members who do not receive salary, per
21 diem, or expenses from their agency for their service may receive per diem and expenses incurred
22 in the performance of their official duties from the commission at the rates established by the
23 Division of Finance under Sections 63A-3-106 and 63A-3-107.
24 (ii) State government officer and employee members may decline to receive per diem and
25 expenses for their service.
26 (c) (i) Local government members who do not receive salary, per diem, or expenses from
27 the entity that they represent for their service may receive per diem and expenses incurred in the
28 performance of their official duties at the rates established by the Division of Finance under
29 Sections 63A-3-106 and 63A-3-107.
30 (ii) Local government members may decline to receive per diem and expenses for their
31 service.

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

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1 (3) The division or the commission on its own initiative may make recommendations to
2 the commission for amendment to the NEC, the building code, the mechanical code, or the
3 plumbing code adopted under Section 58-56-4.
4 (4) On May 15 and November 15 of each calendar year, or the first government working
5 day thereafter if either date falls on a weekend or government holiday, the division shall convene
6 a public hearing, as a part of the rulemaking process, before the commission concerning requests
7 for amendment of the codes, recommended by the division and commission to be adopted by rule.
8 The hearing shall be conducted in accordance with the rules of the commission.
9 (5) Within 15 days following completion of the hearing under Subsection (4) or (5), the
10 commission shall provide to the division a written recommendation concerning each amendment.
11 (6) The division shall consider the recommendations and promulgate amendments by rule
12 in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and as prescribed
13 by the director.
14 (7) The decision of the division to accept or reject the recommendation of the commission
15 shall be made within 15 days after receipt of the recommendation.
16 (8) All decisions of the division pertaining to adoption of a code edition or amendments
17 to any code, which are contrary to recommendations of the commission, may be overridden by a
18 two-thirds vote of the commission according to a procedure to be established by rule.
19 (9) (a) Amendments with statewide application:
20 (i) shall be effective on the January 1 or July 1 immediately following the public hearing;
21 or
22 (ii) may be effective prior to the dates in Subsection (i) if designated by the division and
23 the commission as necessary for the public health, safety, and welfare.
24 (b) Amendments with local application only shall be effective on a date to be determined
25 by the division and the commission.
26 (c) In making rules required by this chapter, the division shall comply with the provisions
27 of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the provisions of that chapter shall
28 have control over this section in case of any conflict.
29 [(10) The commission shall study the necessity of an engineer's stamp on all building
30 permits. This study shall be reported to the Business and Labor Interim Committee by November
31 1996.]

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1 Section 5. Section 58-56-9 is amended to read:
2 58-56-9. Qualifications of inspectors -- Contract for inspection services.
3 (1) Effective July 1, 1993, [all inspectors] any inspector employed by a local regulator,
4 state regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this
5 chapter shall:
6 (a) meet the minimum qualifications as established by the division in collaboration with
7 the commission [or], be certified by a nationally recognized organization which promulgates codes
8 adopted under this chapter, or pass an examination developed by the division in collaboration with
9 the commission;
10 (b) be currently licensed by the division as meeting those minimum qualifications; and
11 (c) be subject to revocation or suspension of [their] license or may be placed on probation
12 if found guilty of unlawful or unprofessional conduct.
13 (2) On or after July 1, 1999, any plans examiner employed by a local regulator, state
14 regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this chapter
15 shall:
16 (a) meet the minimum qualifications as established by the division in collaboration with
17 the commission;
18 (b) be currently licensed by the division as meeting those minimum qualifications; and
19 (c) be subject to revocation or suspension of license or may be placed on probation if
20 found guilty of unlawful or unprofessional conduct.
21 (3) On or after July 1, 1999, any building official employed by a local regulator, state
22 regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this chapter
23 shall:
24 (a) meet the minimum qualifications as established by the division in collaboration with
25 the commission;
26 (b) be currently licensed by the division as meeting those minimum qualifications; and
27 (c) be subject to revocation or suspension of license or may be placed on probation if
28 found guilty of unlawful or unprofessional conduct.
29 [(2)] (4) A local regulator, state regulator, or compliance agency may contract for the
30 services of a licensed inspector not regularly employed by the regulator or agency.
31 [(3)] (5) (a) The division shall use the monies received in Subsection [(4)] (6) to provide

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1 education regarding the codes and code amendments to:
2 (i) building inspectors; and
3 (ii) individuals engaged in construction-related trades.
4 (b) All funding available for the building inspector's education program shall be
5 nonlapsing.
6 [(4)] (6) Each compliance agency shall charge a 1% surcharge on all building permits
7 issued and shall transmit 80% of the amount collected to the division to be utilized by the division
8 to fulfill the requirements of Subsection [(3)] (5). The surcharge shall be deposited as a dedicated
9 credit.




Legislative Review Note
as of 1-20-97 4:29 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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