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First Substitute S.B. 55

Senator Parley G. Hellewell proposes the following substitute bill:





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:

             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 (5)(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.

             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 .

             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):

             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

             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.

             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.

             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);

             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.

             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

             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.

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