First Substitute S.B. 55

Senator Parley G. Hellewell proposes the following substitute bill:

1 AMENDMENTS TO UTAH UNIFORM BUILDING
2 STANDARDS ACT
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Parley G. Hellewell
6 This act modifies the Utah Uniform Building Standards Act. The act clarifies and modifies
7 the circumstances in which political subdivisions are required to follow codes adopted by the
8 Division of Occupational Health and Professional Licensing, in collaboration with the
9 Uniform Building Code Commission. The act gives the division authority, in collaboration
10 with the commission, to approve certain other codes, without adopting them. The act gives
11 political subdivisions discretion to adopt a dangerous building code or rehabilitation code
12 if the applicable code is one approved by the division. The act makes technical changes.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 58-56-3, as last amended by Chapter 1, Laws of Utah 2000
16 58-56-4, as last amended by Chapters 13 and 351, Laws of Utah 1998
17 58-56-5, as last amended by Chapters 13 and 351, Laws of Utah 1998
18 58-56-6, as last amended by Chapter 218, Laws of Utah 1995
19 58-56-7, as last amended by Chapter 13, Laws of Utah 1998
20 58-56-8, as last amended by Chapter 79, Laws of Utah 1996
21 58-56-9, as last amended by Chapter 225, Laws of Utah 1996
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 58-56-3 is amended to read:
24 58-56-3. Definitions.
25 In addition to the definitions in Section 58-1-102 , as used in this chapter:

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Senate 2^nd Reading Amendments 1-30-2002 sm/pwh 26

[(1) "ANSI" means American National Standards Institute, Inc.]
27 (1) "Building" means a structure used or intended for supporting or sheltering any use or
28 occupancy and any improvements attached to it.
29 (2) "Code(s)" means the [NEC, building code, mechanical code, or plumbing code as
30 defined in this section and as applied in context.] following codes, including the standards and
31 specifications contained in them:
32 (a) codes adopted by the commission under Subsection 58-56-4 (2); and
33 (b) codes approved by the commission under Subsection 58-56-4 S [ (5) ] (4) s (a).
34 (3) "Commission" means the Uniform Building Code Commission created under this
35 chapter.
36 (4) "Compliance agency" means an agency of the state or any of its political subdivisions
37 which issue permits for construction regulated under the codes, or any other agency of the state or
38 its political subdivisions specifically empowered to enforce compliance with the codes.
39 (5) "Factory built housing" means manufactured homes or mobile homes.
40 (6) "Factory built housing set-up contractor" means an individual licensed by the division
41 to set up or install factory built housing on a temporary or permanent basis. The scope of the work
42 included under the license includes the placement and or securing of the factory built housing on
43 a permanent or temporary foundation, securing the units together if required, and connection of
44 the utilities to the factory built housing unit, but does not include site preparation, construction of
45 a permanent foundation, and construction of utility services to the near proximity of the factory
46 built housing unit. If a dealer is not licensed as a factory built housing set up contractor, that
47 individual must subcontract the connection services to individuals who are licensed by the division
48 to perform those specific functions under Title 58, Chapter 55, Utah Construction Trades
49 Licensing Act.
50 (7) "HUD code" means the Federal Manufactured Housing Construction and Safety
51 Standards Act.
52 (8) "Installation standard" means the standard adopted and published by the National
53 Conference of States on Building Codes and Standards (NCSBCS), for the installation of
54 manufactured homes titled "The Standard for Manufactured Home Installations," the
55 accompanying manufacturer's instructions for the installation of the manufactured home, or such
56 equivalent standard as adopted by rule.

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- 3 - 57 (9) "Local regulator" means each political subdivision of the state which is empowered to
58 engage in the regulation of construction, alteration, remodeling, building, repair, and other
59 activities subject to the codes [adopted pursuant to this chapter].
60 (10) "Manufactured home" means a transportable factory built housing unit constructed
61 on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act
62 of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or
63 more in width or 40 body feet or more in length, or when erected on site, is 400 or more square
64 feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
65 without a permanent foundation when connected to the required utilities, and includes the
66 plumbing, heating, air-conditioning, and electrical systems. All manufactured homes constructed
67 on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the
68 unit was manufactured and a HUD label attached to the exterior of the home certifying the home
69 was manufactured to HUD standards.
70 (11) "Mobile home" means a transportable factory built housing unit built prior to June
71 15, 1976, in accordance with a state mobile home code which existed prior to the Federal
72 Manufactured Housing and Safety Standards Act (HUD Code).
73 (12) "Modular unit" means a structure built from sections which are manufactured in
74 accordance with the construction standards adopted pursuant to Section 58-56-4 and transported
75 to a building site, the purpose of which is for human habitation, occupancy, or use.
76 [(13) "NEC" means the National Electrical Code.]
77 [(14)] (13) "Opinion" means a written, nonbinding, and advisory statement issued by the
78 commission concerning an interpretation of the meaning of the codes or the application of the
79 codes in a specific circumstance issued in response to a specific request by a party to the issue.
80 [(15)] (14) "State regulator" means an agency of the state which is empowered to engage
81 in the regulation of construction, alteration, remodeling, building, repair, and other activities
82 subject to the codes adopted pursuant to this chapter.
83 [(16)] (15) "Unlawful conduct" is as defined in Subsection 58-1-501 (1) and includes:
84 (a) engaging in the sale of factory built housing without being registered with the division
85 as a dealer, unless the sale is exempt under Section 58-56-16 ; and
86 (b) selling factory built housing within the state as a dealer without collecting and
87 remitting to the division the fee required by Section 58-56-17 .

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- 4 - 88 [(17)] (16) "Unprofessional conduct" is as defined in Subsection 58-1-501 (2) and includes:
89 (a) any nondelivery of goods or services by a registered dealer which constitutes a breach
90 of contract by the dealer;
91 (b) the failure of a registered dealer to pay a subcontractor or supplier any amounts to
92 which that subcontractor or supplier is legally entitled; and
93 (c) any other activity which is defined as unprofessional conduct by division rule in
94 accordance with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
95 Section 2. Section 58-56-4 is amended to read:
96 58-56-4. Definitions -- Adoption of building codes -- Amendments -- Exemptions.
97 (1) As used in this section:
98 (a) "agricultural use" means a use that relates to the tilling of soil and raising of crops, or
99 keeping or raising domestic animals, for the purpose of commercial food production;
100 (b) "not for human occupancy" means use of a structure for purposes other than protection
101 or comfort of human beings, but allows people to enter the structure for:
102 (i) maintenance and repair; and
103 (ii) the care of livestock, crops, or equipment intended for agricultural use which are kept
104 there; and
105 (c) "residential area" means land that is not used for an agricultural use and is:
106 (i) (A) within the boundaries of a city or town; and
107 (B) less than five contiguous acres;
108 (ii) (A) within a subdivision for which the county has approved a subdivision plat under
109 Title 17, Chapter 27, Part 8, Subdivision; and
110 (B) less than two contiguous acres; or
111 (iii) not located in whole or in part in an agricultural protection area created under Title
112 17, Chapter 41, Agricultural Protection Area.
113 (2) (a) Subject to the provisions of Subsections (4) and (5), the following [are] codes, each
114 of which must be promulgated by a nationally recognized code authority, shall be adopted, in the
115 manner described in Subsection (2)(b), as the construction [standards to] codes which the state and
116 each political subdivision of [this] the state shall [adhere in building construction, alteration,
117 remodeling, and repair, and in the regulation of building construction, alteration, remodeling and
118 repair] follow in the circumstances described in Subsection (3):

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- 5 - 119 [(a)] (i) a building code [promulgated by a nationally recognized code authority];
120 [(b)] (ii) the National Electrical Code promulgated by the National Fire Protection
121 Association;
122 [(c)] (iii) a plumbing code [adopted by a nationally recognized code authority; and]; and
123 [(d)] (iv) a mechanical code [promulgated by a nationally recognized code authority.].
124 [(3)] (b) The division, in collaboration with the commission, shall adopt by rule [the
125 edition of the NEC or code and] specific [edition] editions of the codes described in [Subsections
126 (2)(a), (c), and (d) to be used as the standard] Subsection (2)(a), and may adopt by rule successor
127 editions of any adopted code.
128 [(4)] (c) The division, in collaboration with the commission, may, in accordance with
129 Section 58-56-7 , adopt amendments to the codes adopted [codes] under Subsection (2)(a), to be
130 applicable to the entire state or within [a] one or more political [subdivision only in accordance
131 with Section 58-56-7 ] subdivisions.
132 (3) Subject to the provisions of Subsections (4) and (5), the codes and amendments
133 adopted under Subsection (2) shall be followed when:
134 (a) new construction is involved;
135 (b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
136 (i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation,
137 or reconstruction of the building; or
138 (ii) changing the character or use of the building in a manner which increases the
139 occupancy loads, other demands, or safety risks of the building.
140 (4) (a) The division, in collaboration with the commission, shall have discretion to
141 approve, without adopting, certain codes in addition to those described in Subsection (2)(a),
142 including specific editions of the codes, for use by a compliance agency.
143 (b) If the applicable code is one which the division has approved under Subsection (4)(a),
144 a compliance agency has the discretion to:
145 (i) adopt an ordinance requiring removal, demolition, or repair of a building, according to
146 a code;
147 (ii) adopt, by ordinance or rule, a dangerous building code; or
148 (iii) adopt, by ordinance or rule, a building rehabilitation code.
149 (5) (a) Except in a residential area, a structure used solely in conjunction with agriculture

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- 6 - 150 use, and not for human occupancy, is exempted from the permit requirements of any [building]
151 code adopted by the division.
152 (b) Notwithstanding Subsection (5)(a), unless otherwise exempted, plumbing, electrical,
153 and mechanical permits may be required when that work is included in the structure.
154 Section 3. Section 58-56-5 is amended to read:
155 58-56-5. Building Code Commission -- Composition of commission -- Commission
156 duties and responsibilities.
157 (1) There is established a Uniform Building Code Commission to advise the division with
158 respect to the division's responsibilities in administering the codes under this chapter.
159 (2) The commission shall be appointed by the executive director who shall submit his
160 nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative
161 names shall be submitted until confirmation is received. Following confirmation by the governor,
162 the appointment shall be made.
163 (3) The commission shall consist of eleven members who shall be appointed in accordance
164 with the following:
165 (a) one member shall be from among candidates nominated by the Utah League of Cities
166 and Towns and the Utah Association of Counties;
167 (b) one member shall be a licensed building inspector employed by a political subdivision
168 of the state;
169 (c) one member shall be a licensed professional engineer;
170 (d) one member shall be a licensed architect;
171 (e) one member shall be a fire official;
172 (f) three members shall be contractors licensed by the state, of which one shall be a general
173 contractor, one an electrical contractor, and one a plumbing contractor;
174 (g) two members shall be from the general public and have no affiliation with the
175 construction industry or real estate development industry; and
176 (h) one member shall be from the Division of Facilities Construction Management,
177 Department of Administrative Services.
178 (4) (a) Except as required by Subsection (4)(b), as terms of current commission members
179 expire, the executive director shall appoint each new member or reappointed member to a
180 four-year term.

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- 7 - 181 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
182 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
183 commission members are staggered so that approximately half of the commission is appointed
184 every two years.
185 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
186 appointed for the unexpired term.
187 (6) No commission member may serve more than two full terms, and no commission
188 member who ceases to serve may again serve on the commission until after the expiration of two
189 years from the date of cessation of service.
190 (7) A majority of the commission members shall constitute a quorum and may act on
191 behalf of the commission.
192 (8) (a) (i) Members who are not government employees shall receive no compensation or
193 benefits for their services, but may receive per diem and expenses incurred in the performance of
194 the member's official duties at the rates established by the Division of Finance under Sections
195 63A-3-106 and 63A-3-107 .
196 (ii) Members may decline to receive per diem and expenses for their service.
197 (b) (i) State government officer and employee members who do not receive salary, per
198 diem, or expenses from their agency for their service may receive per diem and expenses incurred
199 in the performance of their official duties from the commission at the rates established by the
200 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
201 (ii) State government officer and employee members may decline to receive per diem and
202 expenses for their service.
203 (c) (i) Local government members who do not receive salary, per diem, or expenses from
204 the entity that they represent for their service may receive per diem and expenses incurred in the
205 performance of their official duties at the rates established by the Division of Finance under
206 Sections 63A-3-106 and 63A-3-107 .
207 (ii) Local government members may decline to receive per diem and expenses for their
208 service.
209 (9) The commission shall annually designate one of its members to serve as chair of the
210 commission. The division shall provide a secretary to facilitate the function of the commission
211 and to record its actions and recommendations.

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- 8 - 212 (10) The duties and responsibilities of the commission are to:
213 (a) recommend to the director the:
214 (i) adoption by rule of [the edition of the NEC, and the specific codes and editions of the
215 codes described in Subsections 58-56-4 (2)(a), (c) and (d) adopted pursuant to this chapter] codes
216 and amendments under Subsections 58-56-4 (2)(b) and (c); and
217 [(b) recommend to the director the adoption by rule of amendments to the NEC, the
218 building code, the mechanical code, and plumbing code adopted pursuant to this chapter;]
219 (ii) approval by rule of the codes referenced in Subsection 58-56-4 (4)(a);
220 [(c)] (b) offer an opinion regarding the interpretation of or the application of any of the
221 codes adopted [pursuant to this chapter] or approved under Section 58-56-4 upon a formal
222 submission by a party to the matter in question which submission must clearly state the facts in
223 question, the specific code citation involved and the position taken by all parties;
224 [(d)] (c) act as an appeals board as provided in Subsection 58-56-8 (3);
225 [(e)] (d) establish advisory peer committees on either a standing or ad hoc basis to advise
226 the commission with respect to [building code] matters related to the codes described in Section
227 58-56-4 , including a committee to advise the commission regarding health matters related to the
228 [UPC] plumbing code; and
229 [(f)] (e) assist the division in overseeing code-related training in accordance with Section
230 58-56-9 .
231 Section 4. Section 58-56-6 is amended to read:
232 58-56-6. Building codes -- Division duties and responsibilities.
233 (1) The division shall administer the [adoption and amendment of the NEC, the building
234 code, the mechanical code, and the plumbing code] codes adopted or approved under Section
235 58-56-4 pursuant to this chapter[;], but[,] shall have no responsibility or duty to conduct
236 inspections to determine compliance with the codes, issue permits, or assess building permit fees.
237 (2) Administration of the [NEC, the building code, the mechanical code, and the plumbing
238 code] codes adopted or approved under Section 58-56-4 by the division shall include:
239 (a) receiving recommendations from the commission and thereafter adopting by rule the
240 editions of the codes and amendments to the codes under Subsections 58-56-4 (2)(b) and (c);
241 (b) receiving recommendations from the commission and thereafter approving by rule the
242 code editions referenced in Subsection 58-56-4 (4)(a);

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- 9 - 243 [(b)] (c) maintaining and publishing for reference on a current basis the [editions of the
244 code in force and] adopted amendments [thereto] to the codes under Subsection 58-56-4 (2)(c); and
245 [(c)] (d) receiving requests for amendments and opinions from the commission, scheduling
246 appropriate hearings and publishing the amendments to the codes and the opinions of the
247 commission with respect to interpretation and application of the codes.
248 Section 5. Section 58-56-7 is amended to read:
249 58-56-7. Code amendments -- Commission recommendations -- Division duties and
250 responsibilities.
251 (1) The division, with the commission, shall establish by rule the procedure and manner
252 under which requests for amendments to codes under Subsection 58-56-4 (2)(c) shall be:
253 (a) filed with the division; and
254 (b) recommended or declined for adoption.
255 (2) The division shall accept from any local regulators, state regulators, state agencies
256 involved with the construction and design of buildings, the contractors, plumbers, or electricians
257 licensing boards, or from recognized construction-related associations a request for amendment
258 to the [NEC, the building code, the mechanical code, or the plumbing code adopted] codes under
259 [Section] Subsection 58-56-4 (2)(c).
260 (3) The division [or the commission on its own initiative] may make recommendations to
261 the commission for [amendment to the NEC, the building code, the mechanical code, or the
262 plumbing code adopted] amendments to codes under [Section] Subsection 58-56-4 (2)(c). The
263 commission may also consider amendments on its own initiative.
264 (4) On May 15 and November 15 of each calendar year, or the first government working
265 day thereafter if either date falls on a weekend or government holiday, the division shall convene
266 a public hearing, as a part of the rulemaking process, before the commission concerning requests
267 for amendment of the codes, recommended by the division and commission to be adopted by rule.
268 The hearing shall be conducted in accordance with the rules of the commission.
269 (5) Within 15 days following completion of the hearing under Subsection (4) [or (5)], the
270 commission shall provide to the division a written recommendation concerning each amendment.
271 (6) The division shall consider the recommendations and promulgate amendments by rule
272 in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and as prescribed
273 by the director.

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- 10 - 274 (7) The decision of the division to accept or reject the recommendation of the commission
275 shall be made within 15 days after receipt of the recommendation.
276 (8) All decisions of the division pertaining to adoption of a code edition or amendments
277 to any code, which are contrary to recommendations of the commission, may be overridden by a
278 two-thirds vote of the commission according to a procedure to be established by rule.
279 (9) (a) Amendments with statewide application:
280 (i) shall be effective on the January 1 or July 1 [immediately] following the public hearing
281 or as soon after that date as the requirements of Title 63, Chapter 46a, Utah Administrative
282 Rulemaking Act, are met; or
283 (ii) may be effective prior to the dates in Subsection (9)(a)(i) if designated by the division
284 and the commission as necessary for the public health, safety, and welfare.
285 (b) Amendments with local application only shall be effective on a date to be determined
286 by the division and the commission.
287 (c) In making rules required by this chapter, the division shall comply with the provisions
288 of Title 63, Chapter 46a, Utah Administrative Rulemaking Act[, the]. The provisions of that
289 chapter shall have control over this section in case of any conflict.
290 Section 6. Section 58-56-8 is amended to read:
291 58-56-8. Compliance with codes -- Responsibility for inspections -- Appeals.
292 (1) The responsibility for inspection of construction projects and enforcement of
293 compliance with provisions of the codes shall be with the compliance agency having jurisdiction
294 over the project and the applicable codes.
295 (2) A finding by a compliance agency that a licensed contractor, electrician, or plumber
296 has materially violated the provisions of a code in a manner to jeopardize the public health, safety,
297 and welfare and failed to comply with corrective orders of the compliance agency shall be
298 furnished in writing to the division by the compliance agency. It is the responsibility of the
299 compliance agency to conduct a primary investigation to determine that, in fact, there has been a
300 material violation of the provisions of the code jeopardizing the public interest and provide the
301 report of investigation to the division.
302 (3) Each compliance agency shall establish a method of appeal by which a person
303 disputing the application and interpretation of a code may appeal and receive a timely review of
304 the disputed issues in accordance with [provisions of the National Electrical Code, the building

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- 11 - 305 code, the mechanical code, or the plumbing code] the codes adopted or approved under Section
306 58-56-4 . If a compliance agency refuses to establish a method of appeal, the commission shall act
307 as the appeals board and conduct a hearing within 45 days. The findings of the commission shall
308 be binding. An appeals board established under this section shall have no authority to interpret the
309 administrative provisions of the codes nor shall the appeals board be empowered to waive
310 requirements of the codes.
311 Section 7. Section 58-56-9 is amended to read:
312 58-56-9. Qualifications of inspectors -- Contract for inspection services.
313 (1) [Effective July 1, 1993, all] All inspectors employed by a local regulator, state
314 regulator, or compliance agency to enforce provisions of the codes adopted or approved pursuant
315 to this chapter shall:
316 (a) meet minimum qualifications as established by the division in collaboration with the
317 commission or be certified by a nationally recognized organization which promulgates codes
318 adopted under this chapter, or pass an examination developed by the division in collaboration with
319 the commission;
320 (b) be currently licensed by the division as meeting those minimum qualifications; and
321 (c) be subject to revocation or suspension of their license or may be placed on probation
322 if found guilty of unlawful or unprofessional conduct.
323 (2) A local regulator, state regulator, or compliance agency may contract for the services
324 of a licensed inspector not regularly employed by the regulator or agency.
325 (3) (a) The division shall use the monies received in Subsection (4) to provide education
326 regarding the codes and code amendments adopted or approved under Section 58-56-4 to:
327 (i) building inspectors; and
328 (ii) individuals engaged in construction-related trades or professions.
329 (b) All funding available for the building inspector's education program shall be
330 nonlapsing.
331 (4) Each compliance agency shall charge a 1% surcharge on all building permits issued
332 and shall transmit 80% of the amount collected to the division to be utilized by the division to
333 fulfill the requirements of Subsection (3). The surcharge shall be deposited as a dedicated credit.