H.B. 215 Enrolled

BUILDING STANDARDS
AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: J. Stuart Adams

LONG TITLE
General Description:
This bill modifies the Utah Uniform Building Standards Act.
Highlighted Provisions:
This bill:
. requires the Division of Occupational and Professional Licensing to adopt certain
construction codes for the state and its political subdivisions to follow under certain
circumstances;
. repeals provisions related to the adoption of an energy conservation code by the
State Building Board; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-56-4, as last amended by Chapter 75, Laws of Utah 2002
REPEALS:
63-9-45, as enacted by Chapter 12, Laws of Utah 1976
63-9-46, as enacted by Chapter 12, Laws of Utah 1976
63-9-47, as enacted by Chapter 12, Laws of Utah 1976
63-9-48, as last amended by Chapter 178, Laws of Utah 1977

63-9-49, as last amended by Chapter 178, Laws of Utah 1977
63-9-50, as last amended by Chapter 178, Laws of Utah 1977
63-9-51, as enacted by Chapter 12, Laws of Utah 1976
63-9-52, as enacted by Chapter 12, Laws of Utah 1976

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-56-4 is amended to read:
58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
other codes -- Exemptions.
(1) As used in this section:
(a) "agricultural use" means a use that relates to the tilling of soil and raising of crops, or
keeping or raising domestic animals[, for the purpose of commercial food production];
(b) "not for human occupancy" means use of a structure for purposes other than
protection or comfort of human beings, but allows people to enter the structure for:
(i) maintenance and repair; and
(ii) the care of livestock, crops, or equipment intended for agricultural use which are kept
there; and
(c) "residential area" means land that is not used for an agricultural use and is:
(i) (A) within the boundaries of a city or town; and
(B) less than five contiguous acres;
(ii) (A) within a subdivision for which the county has approved a subdivision plat under
Title 17, Chapter 27, Part 8, [Subdivision] Subdivisions; and
(B) less than two contiguous acres; or
(iii) not located in whole or in part in an agricultural protection area created under Title
17, Chapter 41, [Agricultural] Agriculture Protection Area.
(2) (a) Subject to the provisions of Subsections (4) and (5), the following codes, each of
which must be promulgated by a nationally recognized code authority, shall be adopted, in the
manner described in Subsection (2)(b), as the construction codes which the state and each

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political subdivision of the state shall follow in the circumstances described in Subsection (3):
(i) a building code;
(ii) the National Electrical Code promulgated by the National Fire Protection Association;
(iii) a residential one and two family dwelling code;
[(iii)] (iv) a plumbing code; [and]
[(iv)] (v) a mechanical code[.];
(vi) a fuel gas code; and
(vii) an energy conservation code.
(b) [The] In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the division, in collaboration with the commission, shall adopt by rule specific editions of the
codes described in Subsection (2)(a), and may adopt by rule successor editions of any adopted
code.
(c) The division, in collaboration with the commission, may, in accordance with Section
58-56-7 , adopt amendments to the codes adopted under Subsection (2)(a), to be applicable to the
entire state or within one or more political subdivisions.
(3) Subject to the provisions of Subsections (4) and (5), the codes and amendments
adopted under Subsection (2) shall be followed when:
(a) new construction is involved;
(b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
(i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
conservation, or reconstruction of the building; or
(ii) changing the character or use of the building in a manner which increases the
occupancy loads, other demands, or safety risks of the building.
(4) (a) The division, in collaboration with the commission, [shall have] has discretion to
approve, without adopting, certain codes in addition to those described in Subsection (2)(a),
including specific editions of the codes, for use by a compliance agency.
(b) If the applicable code is one which the division has approved under Subsection (4)(a),
a compliance agency has the discretion to:

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(i) adopt an ordinance requiring removal, demolition, or repair of a building, according to
a code;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(5) (a) Except in a residential area, a structure used solely in conjunction with agriculture
use, and not for human occupancy, is exempted from the permit requirements of any code
adopted by the division.
(b) Notwithstanding Subsection (5)(a), unless otherwise exempted, plumbing, electrical,
and mechanical permits may be required when that work is included in the structure.
Section 2. Repealer.
This bill repeals:
Section 63-9-45, Legislative findings and declaration.
Section 63-9-46, Adoption of energy conservation code by State Building Board.
Section 63-9-47, Considerations by board in adoption of code.
Section 63-9-48, Application of code.
Section 63-9-49, Continuing studies by board on effectiveness of code -- Advice to
political subdivisions -- Public information.
Section 63-9-50, Promulgation of code -- Triennial repromulgation -- Enforcement
by State Board of Education -- Adoption and enforcement by political subdivisions.
Section 63-9-51, Availability of code to state's building industry.
Section 63-9-52, Acceptance by board of grants of money and assistance.

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