First Substitute H.B. 215

Representative J. Stuart Adams proposes the following substitute bill:

1 BUILDING STANDARDS
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Uniform Building Standards Act.
10 Highlighted Provisions:
11 This bill:
12 . requires the Division of Occupational and Professional Licensing to adopt certain
13 construction codes for the state and its political subdivisions to follow under certain
14 circumstances;
15 . repeals provisions related to the adoption of an energy conservation code by the
16 State Building Board; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 58-56-4, as last amended by Chapter 75, Laws of Utah 2002
25 REPEALS:

26 63-9-45, as enacted by Chapter 12, Laws of Utah 1976
27 63-9-46, as enacted by Chapter 12, Laws of Utah 1976
28 63-9-47, as enacted by Chapter 12, Laws of Utah 1976
29 63-9-48, as last amended by Chapter 178, Laws of Utah 1977
30 63-9-49, as last amended by Chapter 178, Laws of Utah 1977
31 63-9-50, as last amended by Chapter 178, Laws of Utah 1977
32 63-9-51, as enacted by Chapter 12, Laws of Utah 1976
33 63-9-52, as enacted by Chapter 12, Laws of Utah 1976
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 58-56-4 is amended to read:
37 58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
38 other codes -- Exemptions.
39 (1) As used in this section:
40 (a) "agricultural use" means a use that relates to the tilling of soil and raising of crops,
41 or keeping or raising domestic animals, for the purpose of commercial food production;
42 (b) "not for human occupancy" means use of a structure for purposes other than
43 protection or comfort of human beings, but allows people to enter the structure for:
44 (i) maintenance and repair; and
45 (ii) the care of livestock, crops, or equipment intended for agricultural use which are
46 kept there; and
47 (c) "residential area" means land that is not used for an agricultural use and is:
48 (i) (A) within the boundaries of a city or town; and
49 (B) less than five contiguous acres;
50 (ii) (A) within a subdivision for which the county has approved a subdivision plat
51 under Title 17, Chapter 27, Part 8, [Subdivision] Subdivisions; and
52 (B) less than two contiguous acres; or
53 (iii) not located in whole or in part in an agricultural protection area created under Title
54 17, Chapter 41, [Agricultural] Agriculture Protection Area.
55 (2) (a) Subject to the provisions of Subsections (4) and (5), the following codes, each
56 of which must be promulgated by a nationally recognized code authority, shall be adopted, in

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

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