H.B. 183

1

CONSTRUCTION AND FIRE CODE RELATED
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: J. Stuart Adams
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Fire Prevention and Safety Act and Utah Uniform Building
11 Standards Act to address the process for adopting and modifying a state construction
12 code or state fire code.
13 Highlighted Provisions:
14 This bill:
15 . clarifies the enforcement of the state fire code;
16 . addresses the adoption and amendment process for a state fire code;
17 . addresses local authority to adopt fire code standards;
18 . addresses the adoption and amendment process for a state construction code;
19 . provides for funding of education related to codes being considered; and
20 . makes technical and conforming changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on July 1, 2010.
25 Utah Code Sections Affected:
26 AMENDS:
27 26-15-3, as last amended by Laws of Utah 2009, Chapter 339

28 53-7-102, as renumbered and amended by Laws of Utah 1993, Chapter 234
29 53-7-103, as last amended by Laws of Utah 2002, Chapter 301
30 53-7-104, as last amended by Laws of Utah 2007, Chapter 329
31 53-7-106, as last amended by Laws of Utah 2009, Chapter 339
32 53-7-202, as last amended by Laws of Utah 2009, Chapter 339
33 53-7-204, as last amended by Laws of Utah 2009, Chapter 339
34 53-7-209, as last amended by Laws of Utah 2009, Chapter 339
35 53A-20c-102, as last amended by Laws of Utah 2008, Chapter 382
36 58-55-305, as last amended by Laws of Utah 2009, Chapter 228
37 58-56-3, as last amended by Laws of Utah 2009, Chapter 339
38 58-56-4, as last amended by Laws of Utah 2009, Chapter 339
39 58-56-5, as last amended by Laws of Utah 2009, Chapter 339
40 58-56-6, as last amended by Laws of Utah 2009, Chapter 339
41 58-56-7, as last amended by Laws of Utah 2009, Chapter 339
42 58-56-9, as last amended by Laws of Utah 2002, Chapter 75
43 58-56-9.3, as last amended by Laws of Utah 2008, Chapter 382
44 58-56-12, as last amended by Laws of Utah 2004, Chapter 75
45 58-56-13, as enacted by Laws of Utah 1990, Chapter 293
46 58-56-14, as enacted by Laws of Utah 1990, Chapter 293
47 58-56-15, as last amended by Laws of Utah 2004, Chapter 75
48 58-56-17.5, as enacted by Laws of Utah 1997, Chapter 385
49 58-56-20, as last amended by Laws of Utah 2009, Chapters 50 and 129
50 58-56-21, as enacted by Laws of Utah 2009, Chapter 129
51 REPEALS:
52 53-7-205, as last amended by Laws of Utah 2001, Chapter 25
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 26-15-3 is amended to read:
56 26-15-3. Department to advise regarding the plumbing code.
57 (1) The department shall advise the Division of Occupational and Professional
58 Licensing and the Uniform Building Code Commission with respect to the adoption of a state

59 construction code [and] under Section 58-56-4 , including providing recommendations as to:
60 (a) a specific edition of a plumbing code [adopted] issued by a nationally recognized
61 code authority [to be administered by the Division of Occupational and Professional
62 Licensing,]; and
63 (b) any amendments to [that code as provided for under Section 58-56-5 ] a nationally
64 recognized code.
65 (2) The department may enforce the plumbing code adopted [by the Division of
66 Occupational and Professional Licensing] under Section 58-56-4 . [ The provisions of]
67 (3) Section 58-56-9 [do] does not apply to health inspectors acting under this section.
68 Section 2. Section 53-7-102 is amended to read:
69 53-7-102. Definitions.
70 As used in this chapter:
71 (1) "Board" means the Utah Fire Prevention Board created in Section 53-7-203 , except
72 as provided in Part 3, Liquefied Petroleum Gas Act.
73 [(1)] (2) "Director" means the state fire marshal appointed in accordance with Section
74 53-7-103 .
75 [(2)] (3) "Division" means the State Fire Marshal Division created in Section 53-7-103 .
76 [(3)] (4) "Fire officer" means:
77 (a) the state fire marshal;
78 (b) the state fire marshal's deputies or salaried assistants;
79 (c) the fire chief or fire marshal of any county, city, or town fire department;
80 (d) the fire officer of any fire district;
81 (e) the fire officer of any special service district organized for fire protection purposes;
82 and
83 (f) authorized personnel of any of the persons specified in Subsections (4)(a) through
84 (e).
85 (5) "Legislative action" includes legislation that:
86 (a) adopts a state fire code;
87 (b) amends a state fire code; or
88 (c) repeals one or more provisions of a state fire code.
89 (6) "State fire code" means the code adopted under Section 53-7-106 .

90 [(4)] (7) "State fire marshal" means the fire marshal appointed director by the
91 commissioner under Section 53-7-103 .
92 Section 3. Section 53-7-103 is amended to read:
93 53-7-103. State Fire Marshal Division -- Creation -- State fire marshal --
94 Appointment, qualifications, duties, and compensation.
95 (1) There is created within the department the State Fire Marshal Division.
96 (2) (a) The director of the division is the state fire marshal, who shall be appointed by
97 the commissioner upon the recommendation of the Utah Fire Prevention Board created in
98 Section 53-7-203 and with the approval of the governor.
99 (b) The state fire marshal is the executive and administrative head of the division, and
100 shall be qualified by experience and education to:
101 (i) enforce the state fire code;
102 (ii) enforce rules made under this chapter; and
103 (iii) perform the duties prescribed by the commissioner.
104 (3) The state fire marshal acts under the supervision and control of the commissioner
105 and may be removed from [his] the position at the will of the commissioner.
106 (4) The state fire marshal shall:
107 (a) enforce the state fire code rules made under this chapter [as provided] in accordance
108 with Section 53-7-104 ;
109 (b) complete the duties assigned by the commissioner;
110 (c) examine plans and specifications for school buildings, as required by Section
111 53A-20-104 ;
112 (d) approve criteria established by the state superintendent for building inspectors;
113 (e) promote and support injury prevention public education programs; and
114 (f) perform all other duties provided in this chapter.
115 (5) The state fire marshal shall receive compensation as provided by Title 67, Chapter
116 19, Utah State Personnel Management Act.
117 Section 4. Section 53-7-104 is amended to read:
118 53-7-104. Enforcement of state fire code and rules -- Division of authority and
119 responsibility.
120 (1) The authority and responsibility for enforcing the state fire code and rules made

121 under this chapter is divided as provided in this section.
122 (2) The fire officers of any city or county shall enforce the state fire code and rules of
123 the state fire marshal in their respective areas.
124 (3) The state fire marshal may enforce the state fire code and rules in:
125 (a) areas outside of corporate cities, fire protection districts, and other local districts or
126 special service districts organized for fire protection purposes; [and]
127 (b) state-owned property, school district owned property, and privately owned property
128 used for schools located within corporate cities and county fire protection districts, asylums,
129 mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities,
130 children's homes or institutions, or similar institutional type occupancy of any capacity[.]; and
131 [(4)] (c) [The state fire marshal may enforce the rules in] corporate cities, counties, fire
132 protection districts, and special service districts organized for fire protection purposes upon
133 receiving a request from the chief fire official or the local governing body.
134 Section 5. Section 53-7-106 is amended to read:
135 53-7-106. Adoption of state fire code.
136 (1) [A] (a) The state fire code is:
137 (i) a code promulgated by a nationally recognized code authority [and] that is adopted
138 by the Legislature under [Section 58-56-4 is the state fire code,] this section with any
139 modifications; and
140 (ii) a code to which cities, counties, fire protection districts, and the state shall adhere
141 in safeguarding life and property from the hazards of fire and explosion.
142 [(2) (a) The legislative body of a political subdivision may make ordinances that are
143 more restrictive in its fire code requirements than the state fire code, in order to meet the public
144 safety needs of the political subdivision.]
145 [(b) The legislative body of a political subdivision shall provide to the Utah Fire
146 Prevention Board one copy of each ordinance enacted under Subsection (2)(a).]
147 [(c) The state fire marshal shall keep an indexed copy of the ordinances.]
148 [(d) Copies of the ordinances are available from the state fire marshal on request.]
149 (b) On and after July 1, 2010, the state fire code is the state fire code in effect on July
150 1, 2010, until in accordance with this section:
151 (i) a new state fire code is adopted; or

152 (ii) one or more provisions of the state fire code are amended or repealed in accordance
153 with this section.
154 (c) A provision of the state fire code may be applicable:
155 (i) to the entire state; or
156 (ii) within a city, county, or fire protection district.
157 (2) (a) The Legislature shall adopt a state fire code by enacting legislation that adopts a
158 nationally recognized fire code with any modifications.
159 (b) Legislation enacted under this Subsection (2) shall state that it takes effect on the
160 July 1 after the day on which the legislation is enacted, unless otherwise stated in the
161 legislation.
162 (c) Subject to Subsection (5), a state fire code adopted by the Legislature is the state
163 fire code until in accordance with this section the Legislature adopts a new state fire code by:
164 (i) adopting a new state fire code in its entirety; or
165 (ii) amending or repealing one or more provisions of the state fire code.
166 (3) (a) The board shall by no later than November 30 of each year recommend to the
167 Business and Labor Interim Committee whether the Legislature should:
168 (i) amend or repeal one or more provisions of the state fire code; or
169 (ii) in a year of a regularly scheduled update of a nationally recognized fire code, adopt
170 with any modifications the nationally recognized fire code.
171 (b) The board may recommend legislative action related to the state fire code:
172 (i) on its own initiative; or
173 (ii) upon the receipt of a request by a city, county, or fire protection district that the
174 board recommend legislative action related to the state fire code.
175 (c) Within 45 days after receipt of a request under Subsection (3)(b), the board shall
176 direct the division to convene an informal hearing concerning the request.
177 (d) The board shall conduct a hearing under this section in accordance with the rules of
178 the board.
179 (e) The board shall decide whether to include in the report required under Subsection
180 (3)(a) whether to recommend the legislative action raised by a request.
181 (f) Within 15 days following the completion of a hearing of the board under this
182 Subsection (3), the board shall direct the division to notify the entity that made the request of

183 the board's decision regarding the request. The division shall provide the notice:
184 (i) in writing; and
185 (ii) in a form prescribed by the board.
186 (4) If the Business and Labor Interim Committee decides to recommend legislative
187 action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
188 for consideration by the Legislature in the next general session that if passed by the Legislature
189 would:
190 (a) adopt a new state fire code in its entirety; or
191 (b) amend or repeal one or more provisions of the state fire code.
192 (5) (a) Notwithstanding Subsection (3), the board may, in accordance with Title 63G,
193 Chapter 3, Utah Administrative Rulemaking Act, amend a state fire code if the board
194 determines that waiting for legislative action in the next general legislative session would:
195 (i) cause an imminent peril to the public health, safety, or welfare; or
196 (ii) place a person in violation of federal or other state law.
197 (b) If the board amends a state fire code in accordance with this Subsection (5), the
198 board shall:
199 (i) publish the state fire code with the amendment; and
200 (ii) notify the Business and Labor Interim Committee of the adoption, including a copy
201 of an analysis by the board identifying specific reasons and justifications for its findings.
202 (c) If not formally adopted by the Legislature at its next annual general session, an
203 amendment to a state fire code adopted under this Subsection (5) is repealed on the July 1
204 immediately following the next annual general session that follows the adoption of the
205 amendment.
206 (6) (a) A legislative body of a political subdivision may enact an ordinance that is more
207 restrictive in its fire code requirements than the state fire code:
208 (i) in order to meet a public safety need of the political subdivision; and
209 (ii) subject to the requirements of this Subsection (6).
210 (b) A legislative body of a political subdivision that enacts an ordinance under this
211 section on or after July 1, 2010 shall:
212 (i) notify the board in writing at least 30 days before the day on which the legislative
213 body enacts the ordinance and include in the notice a statement as to the proposed subject

214 matter of the ordinance; and
215 (ii) after the legislative body enacts the ordinance, report to the board prior to the board
216 making the report required under Subsection (6)(c), including providing the board:
217 (A) a copy of the ordinance enacted under this Subsection (6); and
218 (B) a description of the public safety need that is the basis of enacting the ordinance.
219 (c) The board shall submit to the Business and Labor Interim Committee each year
220 with the recommendations submitted in accordance with Subsection (3):
221 (i) a list of the ordinances enacted under this Subsection (6) during the fiscal year
222 immediately proceeding the report; and
223 (ii) recommendations, if any, for legislative action related to an ordinance enacted
224 under this Subsection (6).
225 (d) (i) The state fire marshal shall keep an indexed copy of an ordinance enacted under
226 this Subsection (6).
227 (ii) The state fire marshal shall make a copy of an ordinance enacted under this
228 Subsection (6) available on request.
229 (e) The board may make rules in accordance with Title 63G, Chapter 3, Utah
230 Administrative Rulemaking Act, to establish procedures for a legislative body of a political
231 subdivision to follow to provide the notice and report required under this Subsection (6).
232 Section 6. Section 53-7-202 is amended to read:
233 53-7-202. Definitions.
234 As used in this part:
235 (1) "Agricultural and wildlife fireworks" means a class C dangerous explosive that:
236 (a) uses sound or light when deployed; and
237 (b) is designated to prevent crop damage or unwanted animals from entering a
238 specified area.
239 [(2) "Board" means the Utah Fire Prevention Board created in Section 53-7-203 .]
240 [(3)] (2) "Class A explosive" means a division 1.1 or 1.2 explosive as defined by the
241 [U.S.] United States Department of Transportation in Part 173, Title 49, Code of Federal
242 Regulations.
243 [(4)] (3) "Class B explosive" means a division 1.2 or 1.3G explosive as defined by the
244 [U.S.] United States Department of Transportation in Part 173, Title 49, Code of Federal

245 Regulations.
246 [(5)] (4) "Class C explosive" means a division 1.4G explosive as defined by the [U.S.]
247 United States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
248 [(6)] (5) (a) "Class C common state approved explosive" means a class C explosive
249 that is:
250 (i) a cardboard or heavy paper cylindrical tube or cone that:
251 (A) produces a shower of color and sparks that reach a maximum height of 15 feet;
252 (B) may whistle or pop; and
253 (C) is not designed to explode or leave the ground;
254 (ii) a pyrotechnic wheel device that:
255 (A) may be attached to a post or tree; and
256 (B) contains up to six "driver" units or tubes;
257 (iii) any device that:
258 (A) spins, jumps, or emits popping sounds when placed on the ground;
259 (B) does not exceed a height of 15 feet when discharged; and
260 (C) does not travel laterally more than 10 feet on a smooth surface when discharged;
261 (iv) a morning glory, suzuki, or flitter sparkler; and
262 (v) a single tube day type parachute that does not carry any flare or flame upon descent.
263 (b) "Class C common state approved explosive" does not mean:
264 (i) class C dangerous explosives; or
265 (ii) exempt explosives.
266 [(7)] (6) (a) "Class C dangerous explosive" means a class C explosive that is:
267 (i) a firecracker, cannon cracker, salute, cherry bomb, or other similar explosive;
268 (ii) a skyrocket or any device other than a model rocket that uses combustible or
269 explosive material and rises more than 15 feet when discharged;
270 (iii) a roman candle or other device that discharges balls of fire over 15 feet in height;
271 (iv) a tube or cone aerial firework that propels comets, shells, salutes, flash shells, or
272 similar devices more than 15 feet into the air; and
273 (v) a chaser, whistler, or other device that darts or travels more than 10 feet laterally on
274 a smooth surface or exceeds 15 feet in height when discharged.
275 (b) A "class C dangerous explosive" does not mean:

276 (i) class C common state approved explosives; or
277 (ii) exempt explosives.
278 [(8)] (7) "Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle,
279 mine, and any similar class C explosive or class B explosive.
280 [(9)] (8) (a) "Display operator" means the person who purchases and is responsible for
281 setting up and discharging display fireworks.
282 (b) "Display operator" does not mean a fire department.
283 [(10)] (9) "Exempt explosive" means a model rocket, toy pistol cap, emergency signal
284 flare, snake or glow worm, party popper, trick noisemaker, match, and wire sparkler under 12
285 inches in length.
286 [(11)] (10) (a) "Fireworks" means:
287 (i) class C explosives;
288 (ii) class C dangerous explosives; and
289 (iii) class C common state approved explosives.
290 (b) "Fireworks" does not mean:
291 (i) exempt explosives;
292 (ii) class A explosives; and
293 (iii) class B explosives.
294 [(12)] (11) "Importer" means a person who brings class B or class C explosives into
295 Utah for the general purpose of resale within the state or exportation to other states.
296 [(13)] (12) (a) "Pyrotechnic" means any composition or device manufactured or used to
297 produce a visible or audible effect by combustion, deflagration, or detonation.
298 (b) "Pyrotechnic" does not mean exempt explosives.
299 [(14)] (13) "Retail seller" means a person who sells class C common state approved
300 explosives to the public during the period authorized under Section 53-7-225 .
301 [(15) "State fire code" means a nationally recognized fire code administered by the
302 Utah Fire Prevention Board pursuant to Section 53-7-204 .]
303 [(16)] (14) "Trick noisemaker" includes a:
304 (a) tube or sphere containing pyrotechnic composition that produces a white or colored
305 smoke as its primary effect when ignited; and
306 (b) device that produces a small report intended to surprise the user, including a:

307 (i) "booby trap," which is a small tube with a string protruding from both ends that
308 ignites the friction sensitive composition in the tube when the string is pulled;
309 (ii) "snapper," which is a small paper-wrapped device containing a minute quantity of
310 explosive composition coated on bits of sand that explodes producing a small report;
311 (iii) "trick match," which is a kitchen or book match coated with a small quantity of
312 explosive or pyrotechnic composition that produces a small shower of sparks when ignited;
313 (iv) "cigarette load," which is a small wooden peg coated with a small quantity of
314 explosive composition that produces a small report when the cigarette is ignited; and
315 (v) "auto burglar alarm," which is a tube that:
316 (A) contains pyrotechnic composition that produces a loud whistle and smoke when
317 ignited;
318 (B) may contain a small quantity of explosive to produce a small explosive noise; and
319 (C) is ignited by a squib.
320 [(17)] (15) "Unclassified fireworks" means any of the following:
321 (a) a pyrotechnic device that is used, given away, or offered for sale, that has not been
322 tested, approved, and classified by the [U.S.] United States Department of Transportation;
323 (b) an approved device that has been altered or redesigned since obtaining approval by
324 the [U.S.] United States Department of Transportation; and
325 (c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler
326 before receiving approval by the [U.S.] United States Department of Transportation.
327 [(18)] (16) "Wholesaler" means any of the following:
328 (a) a person who sells class C common state approved explosives to a retailer; and
329 (b) a person who sells class B explosives or class C dangerous explosives for display
330 use.
331 Section 7. Section 53-7-204 is amended to read:
332 53-7-204. Duties of Utah Fire Prevention Board -- Local administrative duties.
333 (1) The board shall:
334 (a) administer the state fire code as the standard in the state;
335 [(a)] (b) subject to the state fire code, make rules in accordance with Title 63G,
336 Chapter 3, Utah Administrative Rulemaking Act:
337 [(i) administer a nationally recognized fire code and the specific edition of that fire

338 code as the state fire code to be used as the standard;]
339 [(ii)] (i) establishing [minimum] standards for the prevention of fire and for the
340 protection of life and property against fire and panic in any:
341 (A) publicly owned building, including all public and private schools, colleges, and
342 university buildings;
343 (B) building or structure used or intended for use as an asylum, a mental hospital, a
344 hospital, a sanitarium, a home for the aged, an assisted living facility, a children's home or day
345 care center, or any similar institutional type occupancy of any capacity; and
346 (C) place of assemblage where 50 or more persons may gather together in a building,
347 structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
348 [(iii)] (ii) establishing safety and other requirements for placement and discharge of
349 display fireworks [based upon] on the basis of:
350 (A) the [specific edition of the nationally recognized fire code adopted by the
351 Legislature under Section 58-56-4 ] state fire code; and
352 (B) relevant publications of the National Fire Protection Association;
353 [(iv)] (iii) establishing [minimum] safety standards for retail storage, handling, and sale
354 of class C common state approved explosives;
355 [(v)] (iv) defining methods to establish proof of competence to place and discharge
356 display fireworks;
357 [(vi)] (v) for deputizing qualified persons to act as deputy fire marshals, and to secure
358 special services in emergencies;
359 [(vii)] (vi) implementing [Sections 53-7-106 and 53-7-205 ] Section 53-7-106 ;
360 [(viii)] (vii) setting guidelines for use of funding;
361 [(ix)] (viii) establishing criteria for training and safety equipment grants for fire
362 departments enrolled in firefighter certification; and
363 [(x)] (ix) establishing [minimum] ongoing training standards for hazardous materials
364 emergency response agencies;
365 [(b)] (c) recommend to the commissioner a state fire marshal;
366 [(c)] (d) develop policies under which the state fire marshal and the state fire marshal's
367 authorized representatives will perform;
368 [(d)] (e) provide for the employment of field assistants and other salaried personnel as

369 required;
370 [(e)] (f) prescribe the duties of the state fire marshal and the state fire marshal's
371 authorized representatives;
372 [(f)] (g) establish a statewide fire prevention, fire education, and fire service training
373 program in cooperation with the Board of Regents;
374 [(g)] (h) establish a statewide fire statistics program for the purpose of gathering fire
375 data from all political subdivisions of the state;
376 [(h)] (i) establish a fire academy in accordance with Section 53-7-204.2 ;
377 [(i)] (j) coordinate the efforts of all people engaged in fire suppression in the state;
378 [(j)] (k) work aggressively with the local political subdivisions to reduce fire losses;
379 [(k)] (l) regulate the sale and servicing of portable fire extinguishers and automatic fire
380 suppression systems in the interest of safeguarding lives and property;
381 [(l)] (m) establish a certification program for persons who inspect and test automatic
382 fire sprinkler systems;
383 [(m)] (n) establish a certification program for persons who inspect and test fire alarm
384 systems;
385 [(n)] (o) establish a certification for persons who provide response services regarding
386 hazardous materials emergencies; and
387 [(o)] (p) in accordance with Section [ 58-56-4 , make a] 53-7-106 report to the Business
388 and Labor Interim Committee [by:].
389 [(i) no later than November 30 of each year recommending any amendments to the
390 currently adopted fire code; and]
391 [(ii) no later than November 30 in a year of a regularly scheduled update cycle of a
392 nationally promulgated fire code recommending the adoption of, amendment to, or repeal of
393 the updated nationally promulgated fire code.]
394 (2) The board may incorporate in its rules by reference, in whole or in part[,]:
395 (a) the state fire code; or
396 (b) subject to the state fire code, a nationally recognized and readily available
397 [standards and codes adopted by the Legislature] standard pertaining to the protection of life
398 and property from fire, explosion, or panic.
399 [(3) (a) The board shall recommend to the Legislature in accordance with Subsection

400 (1)(o) amendments to the state fire code adopted by the Legislature in accordance with Section
401 58-56-7 .]
402 [(b) The amendments, as adopted by the Legislature, may be applicable to the entire
403 state or within a city, county, or fire protection district.]
404 [(4)] (3) The following functions shall be administered locally by a city, county, or fire
405 protection district:
406 (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
407 19-2-114 ; and
408 (b) creating a local board of appeals in accordance with the state fire code[; and].
409 [(c) establishing, modifying, or deleting fire flow and water supply requirements.]
410 Section 8. Section 53-7-209 is amended to read:
411 53-7-209. Inspection of buildings by officials.
412 (1) A fire chief or officer may enter [any] a building or premises not used as a private
413 dwelling at any reasonable hour to inspect the building or premises and enforce the rules made
414 under this part[, including] and the state fire code [adopted under Section 58-56-4 ].
415 (2) The owner, lessee, manager, or operator of [any] a building or premises not used as
416 a private dwelling shall permit inspections under this section.
417 Section 9. Section 53A-20c-102 is amended to read:
418 53A-20c-102. Energy Efficiency Fund -- Contents -- Use of fund monies.
419 (1) As used in this section:
420 (a) "Board" means the Board of the Utah Geological Survey.
421 (b) "Energy code" means the energy efficiency code adopted [by the Division of
422 Occupational and Professional Licensing] under Section 58-56-4 .
423 (c) "Energy efficiency project" means:
424 (i) for existing buildings, a retrofit to improve energy efficiency; or
425 (ii) for new buildings, an enhancement to improve energy efficiency beyond the
426 minimum required by the energy code.
427 (d) "Fund" means the Energy Efficiency Fund created by this part.
428 (2) There is created a revolving loan fund known as the Energy Efficiency Fund.
429 (3) The fund shall consist of:
430 (a) monies appropriated to it by the Legislature;

431 (b) monies received for the repayment of loans made from the fund;
432 (c) monies made available to the state for energy efficiency from any source; and
433 (d) interest earned on the fund.
434 (4) (a) The board shall make loans from the fund only to school districts to finance
435 energy efficiency projects in school district buildings, including paying the costs of
436 construction, engineering, investigation, inspection, and other related expenses.
437 (b) The board may not:
438 (i) make loans from the fund to finance a school district's compliance with the energy
439 code in the construction of a new building;
440 (ii) make a loan from the fund with a term of less than two years or more than 12 years;
441 or
442 (iii) make loans from the fund to any entity other than a school district.
443 (5) (a) (i) Each school district seeking a loan shall submit an application to the board in
444 the form and containing the information that the board requires, which shall include the plans
445 and specifications for the proposed energy efficiency project.
446 (ii) In the application, the school district may request a loan to cover all or part of the
447 cost of an energy efficiency project.
448 (b) If an application is rejected, the board shall notify the applicant stating the reasons
449 for the rejection.
450 (6) (a) By following the procedures and requirements of Title 63G, Chapter 3, Utah
451 Administrative Rulemaking Act, the board shall make rules establishing criteria for:
452 (i) determining eligibility for loans; and
453 (ii) determining appropriate priorities among projects.
454 (b) In making rules governing determining priorities for eligible projects, the board
455 may consider:
456 (i) possible additional sources of revenue;
457 (ii) the feasibility and practicality of the project;
458 (iii) the energy savings attributable to an eligible energy efficiency project;
459 (iv) the annual energy cost savings attributable to an eligible energy efficiency project;
460 (v) the projected energy cost payback of an eligible energy efficiency project;
461 (vi) the financial need of the public facility owner;

462 (vii) the environmental and other benefits to the state and local community attributable
463 to an eligible energy efficiency project; and
464 (viii) the availability of federal funds for the project.
465 (7) (a) In approving a project, the board shall:
466 (i) review the loan application and the plans and specifications for the project;
467 (ii) determine whether or not to grant the loan by applying its eligibility criteria; and
468 (iii) if the loan is granted, prioritize the project by applying its priority criteria.
469 (b) The board may condition approval of a loan request and the availability of funds on
470 assurances from the school district that the board considers necessary to ensure that:
471 (i) the proceeds of the loan will be used to pay the cost of the project; and
472 (ii) the project will be completed.
473 (8) Employees of the state energy program shall serve as staff to the board when it
474 performs the duties established in this section.
475 Section 10. Section 58-55-305 is amended to read:
476 58-55-305. Exemptions from licensure.
477 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
478 persons may engage in acts or practices included within the practice of construction trades,
479 subject to the stated circumstances and limitations, without being licensed under this chapter:
480 (a) an authorized representative of the United States government or an authorized
481 employee of the state or any of its political subdivisions when working on construction work of
482 the state or the subdivision, and when acting within the terms of the person's trust, office, or
483 employment;
484 (b) a person engaged in construction or operation incidental to the construction and
485 repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
486 districts, and drainage districts or construction and repair relating to farming, dairying,
487 agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
488 excavations, well drilling, as defined in Section 73-3-25 , hauling to and from construction
489 sites, and lumbering;
490 (c) public utilities operating under the rules of the Public Service Commission on
491 construction work incidental to their own business;
492 (d) sole owners of property engaged in building:

493 (i) no more than one residential structure per year and no more than three residential
494 structures per five years on their property for their own noncommercial, nonpublic use; except,
495 a person other than the property owner or individuals described in Subsection (1)(e), who
496 engages in building the structure must be licensed under this chapter if the person is otherwise
497 required to be licensed under this chapter; or
498 (ii) structures on their property for their own noncommercial, nonpublic use which are
499 incidental to a residential structure on the property, including sheds, carports, or detached
500 garages;
501 (e) (i) a person engaged in construction or renovation of a residential building for
502 noncommercial, nonpublic use if that person:
503 (A) works without compensation other than token compensation that is not considered
504 salary or wages; and
505 (B) works under the direction of the property owner who engages in building the
506 structure; and
507 (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
508 by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
509 exempted from licensure under this Subsection (1)(e), that is:
510 (A) minimal in value when compared with the fair market value of the services
511 provided by the person;
512 (B) not related to the fair market value of the services provided by the person; and
513 (C) is incidental to the providing of services by the person including paying for or
514 providing meals or refreshment while services are being provided, or paying reasonable
515 transportation costs incurred by the person in travel to the site of construction;
516 (f) a person engaged in the sale or merchandising of personal property that by its design
517 or manufacture may be attached, installed, or otherwise affixed to real property who has
518 contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
519 attach that property;
520 (g) a contractor submitting a bid on a federal aid highway project, if, before
521 undertaking construction under that bid, the contractor is licensed under this chapter;
522 (h) (i) a person engaged in the alteration, repair, remodeling, or addition to or
523 improvement of a building with a contracted or agreed value of less than $3,000, including

524 both labor and materials, and including all changes or additions to the contracted or agreed
525 upon work; and
526 (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
527 section:
528 (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
529 any six month period of time:
530 (I) must be performed by a licensed electrical or plumbing contractor, if the project
531 involves an electrical or plumbing system; and
532 (II) may be performed by a licensed journeyman electrician or plumber or an individual
533 referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
534 such as a faucet, toilet, fixture, device, outlet, or electrical switch;
535 (B) installation, repair, or replacement of a residential or commercial gas appliance or a
536 combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
537 received certification under Subsection 58-55-308 (2) except as otherwise provided in
538 Subsection 58-55-308 (2)(d) or 58-55-308 (3);
539 (C) installation, repair, or replacement of water-based fire protection systems on a
540 Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
541 contractor or a licensed journeyman plumber;
542 (D) work as an alarm business or company or as an alarm company agent shall be
543 performed by a licensed alarm business or company or a licensed alarm company agent, except
544 as otherwise provided in this chapter;
545 (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
546 project must be performed by a licensed alarm business or company or a licensed alarm
547 company agent;
548 (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
549 system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
550 licensed by the division;
551 (G) installation, repair, or replacement of a radon mitigation system or a soil
552 depressurization system must be performed by a licensed contractor; and
553 (H) if the total value of the project is greater than $1,000, the person shall file with the
554 division a one-time affirmation, subject to periodic reaffirmation as established by division

555 rule, that the person has:
556 (I) public liability insurance in coverage amounts and form established by division
557 rule; and
558 (II) if applicable, workers compensation insurance which would cover an employee of
559 the person if that employee worked on the construction project;
560 (i) a person practicing a specialty contractor classification or construction trade which
561 the director does not classify by administrative rule as significantly impacting the public's
562 health, safety, and welfare;
563 (j) owners and lessees of property and persons regularly employed for wages by owners
564 or lessees of property or their agents for the purpose of maintaining the property, are exempt
565 from this chapter when doing work upon the property;
566 (k) (i) a person engaged in minor plumbing work incidental to the replacement or
567 repair of a fixture or an appliance in a residential or small commercial building, or structure
568 used for agricultural use, as defined in Section [ 58-56-4 ] 58-56-3 , provided that no
569 modification is made to:
570 (A) existing culinary water, soil, waste, or vent piping; or
571 (B) a gas appliance or combustion system; and
572 (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
573 an appliance is not included in the exemption provided under Subsection (1)(k)(i);
574 (l) a person who ordinarily would be subject to the plumber licensure requirements
575 under this chapter when installing or repairing a water conditioner or other water treatment
576 apparatus if the conditioner or apparatus:
577 (i) meets the appropriate state construction codes or local plumbing standards; and
578 (ii) is installed or repaired under the direction of a person authorized to do the work
579 under an appropriate specialty contractor license;
580 (m) a person who ordinarily would be subject to the electrician licensure requirements
581 under this chapter when employed by:
582 (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
583 contractors or constructors, or street railway systems; or
584 (ii) public service corporations, rural electrification associations, or municipal utilities
585 who generate, distribute, or sell electrical energy for light, heat, or power;

586 (n) a person involved in minor electrical work incidental to a mechanical or service
587 installation;
588 (o) a student participating in construction trade education and training programs
589 approved by the commission with the concurrence of the director under the condition that:
590 (i) all work intended as a part of a finished product on which there would normally be
591 an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
592 building inspector; and
593 (ii) a licensed contractor obtains the necessary building permits; and
594 (p) a delivery person when replacing any of the following existing equipment with a
595 new gas appliance, provided there is an existing gas shutoff valve at the appliance:
596 (i) gas range;
597 (ii) gas dryer;
598 (iii) outdoor gas barbeque; or
599 (iv) outdoor gas patio heater.
600 (2) A compliance agency as defined in Subsection 58-56-3 (4) that issues a building
601 permit to a person requesting a permit as a sole owner of property referred to in Subsection
602 (1)(d) shall notify the division, in writing or through electronic transmission, of the issuance of
603 the permit.
604 Section 11. Section 58-56-3 is amended to read:
605 58-56-3. Definitions.
606 In addition to the definitions in Section 58-1-102 , as used in this chapter:
607 [(1) (a) "Adopted code" means:]
608 [(i) (A) a new edition of or amendment to an existing code, including the standards and
609 specifications contained in the code, adopted by the Legislature under Section 58-56-7 ; and]
610 [(B) administered by the division under Section 58-56-6 ; and]
611 [(ii) adopted by a nationally recognized code authority, including:]
612 [(A) a building code;]
613 [(B) the National Electrical Code promulgated by the National Fire Protection
614 Association;]
615 [(C) a residential one and two family dwelling code;]
616 [(D) a plumbing code;]

617 [(E) a mechanical code;]
618 [(F) a fuel gas code;]
619 [(G) an energy conservation code; and]
620 [(H) a manufactured housing installation standard code.]
621 [(b) "Adopted code" includes:]
622 [(i) a fire code administered by the Fire Prevention Board under Section 53-7-204 ; and]
623 [(ii) a code listed in Subsection (1)(a)(ii) that was adopted or amended by the division
624 and Uniform Building Code Commission or the Fire Protection Board before May 12, 2009.]
625 (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
626 or keeping or raising domestic animals.
627 (2) (a) [(i)] "Approved code" means a code, including the standards and specifications
628 contained in the code, approved by the division under Section 58-56-4 for use by a compliance
629 agency[; and].
630 [(ii) administered by the division under Section 58-56-6 .]
631 (b) "Approved code" does not include [an adopted] a state construction code [listed
632 under Subsection (1)(b)].
633 [(3) "Board" means the Fire Prevention Board created in Section 53-7-203 .]
634 [(4)] (3) "Building" means a structure used or intended for supporting or sheltering any
635 use or occupancy and any improvements attached to it.
636 (4) "Code" means:
637 (a) a state construction code; or
638 (b) an approved code.
639 (5) "Commission" means the Uniform Building Code Commission created under this
640 chapter.
641 (6) "Compliance agency" means:
642 (a) an agency of the state or any of its political subdivisions which issues permits for
643 construction regulated under the codes;
644 (b) any other agency of the state or its political subdivisions specifically empowered to
645 enforce compliance with the codes; or
646 (c) any other state agency which chooses to enforce codes adopted under this chapter
647 by authority given the agency under a title other than Title 58, Occupations and Professions.

648 (7) "Construction code" means standards and specifications published by a nationally
649 recognized code authority for use in circumstances described in Subsection 58-56-4 (1),
650 including:
651 (a) a building code;
652 (b) an electrical code;
653 (c) a residential one and two family dwelling code;
654 (d) a plumbing code;
655 (e) a mechanical code;
656 (f) a fuel gas code;
657 (g) an energy conservation code; and
658 (h) a manufactured housing installation standard code.
659 [(7)] (8) "Factory built housing" means manufactured homes or mobile homes.
660 [(8)] (9) (a) "Factory built housing set-up contractor" means an individual licensed by
661 the division to set up or install factory built housing on a temporary or permanent basis.
662 (b) The scope of the work included under the license includes the placement or
663 securing, or both placement and securing, of the factory built housing on a permanent or
664 temporary foundation, securing the units together if required, and connection of the utilities to
665 the factory built housing unit, but does not include site preparation, construction of a
666 permanent foundation, and construction of utility services to the near proximity of the factory
667 built housing unit.
668 (c) If a dealer is not licensed as a factory built housing set-up contractor, that individual
669 must subcontract the connection services to individuals who are licensed by the division to
670 perform those specific functions under Title 58, Chapter 55, Utah Construction Trades
671 Licensing Act.
672 [(9)] (10) "HUD code" means the National Manufactured Housing Construction and
673 Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
674 [(10)] (11) "Legislative action" [means the Legislature's] includes legislation that:
675 (a) [adoption of] adopts a new [adopted] state construction code;
676 (b) [adoption of an amendment to an existing adopted] amends a state construction
677 code; or
678 (c) [repeal of an adopted] repeals one or more provisions of a state construction code[;

679 or].
680 [(d) repeal of a provision of an adopted code.]
681 [(11)] (12) "Local regulator" means [each] a political subdivision of the state [which]
682 that is empowered to engage in the regulation of construction, alteration, remodeling, building,
683 repair, and other activities subject to the codes.
684 [(12)] (13) (a) "Manufactured home" means a transportable factory built housing unit
685 constructed on or after June 15, 1976, according to the HUD Code, in one or more sections,
686 which:
687 (i) in the traveling mode, is eight body feet or more in width or 40 body feet or more in
688 length, or when erected on site, is 400 or more square feet; and
689 (ii) is built on a permanent chassis and designed to be used as a dwelling with or
690 without a permanent foundation when connected to the required utilities, and includes the
691 plumbing, heating, air-conditioning, and electrical systems.
692 (b) Manufactured homes constructed on or after June 15, 1976, shall be identifiable by
693 the manufacturer's data plate bearing the date the unit was manufactured and a HUD label
694 attached to the exterior of the home certifying the home was manufactured to HUD standards.
695 [(13)] (14) "Mobile home" means a transportable factory built housing unit built prior
696 to June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD
697 Code.
698 [(14)] (15) "Modular unit" means a structure built from sections which are
699 manufactured in accordance with the state construction [standards] code adopted pursuant to
700 Section 58-56-4 and transported to a building site, the purpose of which is for human
701 habitation, occupancy, or use.
702 (16) "Not for human occupancy" means use of a structure for purposes other than
703 protection or comfort of human beings, but allows people to enter the structure for:
704 (a) maintenance and repair; and
705 (b) the care of livestock, crops, or equipment intended for agricultural use which are
706 kept there.
707 [(15)] (17) "Opinion" means a written, nonbinding, and advisory statement issued by
708 the commission concerning an interpretation of the meaning of the codes or the application of
709 the codes in a specific circumstance issued in response to a specific request by a party to the

710 issue.
711 (18) "State construction code" means a construction code adopted by the Legislature in
712 accordance with Section 58-56-4 .
713 [(16)] (19) "State regulator" means an agency of the state which is empowered to
714 engage in the regulation of construction, alteration, remodeling, building, repair, and other
715 activities subject to the codes adopted pursuant to this chapter.
716 Section 12. Section 58-56-4 is amended to read:
717 58-56-4. Adoption of state construction code -- Amendments -- Approval of other
718 codes -- Exemptions.
719 [(1) As used in this section:]
720 [(a) "agricultural use" means a use that relates to the tilling of soil and raising of crops,
721 or keeping or raising domestic animals;]
722 [(b) "not for human occupancy" means use of a structure for purposes other than
723 protection or comfort of human beings, but allows people to enter the structure for:]
724 [(i) maintenance and repair; and]
725 [(ii) the care of livestock, crops, or equipment intended for agricultural use which are
726 kept there; and]
727 [(c) "residential area" means land that is not used for an agricultural use and is:]
728 [(i) (A) within the boundaries of a city or town; and]
729 [(B) less than five contiguous acres;]
730 [(ii) (A) within a subdivision for which the county has approved a subdivision plat
731 under Title 17, Chapter 27a, Part 6, Subdivisions; and]
732 [(B) less than two contiguous acres; or]
733 [(iii) not located in whole or in part in an agricultural protection area created under
734 Title 17, Chapter 41, Agriculture and Industrial Protection Areas.]
735 (1) (a) A state construction code is a construction code adopted with any modifications
736 in accordance with this section that the state and each political subdivision of the state shall
737 follow.
738 [(2)] (b) A person shall [follow an adopted code] comply with the applicable state
739 construction code when:
740 [(a)] (i) new construction is involved; and

741 [(b)] (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged
742 in:
743 [(i)] (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
744 conservation, or reconstruction of the building; or
745 [(ii)] (B) changing the character or use of the building in a manner [which] that
746 increases the occupancy loads, other demands, or safety risks of the building.
747 [(3) (a) Beginning May 12, 2009, the board and commission shall, in accordance with
748 Sections 53-7-204 and 58-56-5 , make recommendations to the Business and Labor Interim
749 Committee as to whether or not the Legislature should take legislative action.]
750 (c) On and after July 1, 2010, a state construction code is the state construction code in
751 effect on July 1, 2010, until in accordance with this section:
752 (i) a new state construction code is adopted; or
753 (ii) one or more provisions of the state construction code are amended or repealed in
754 accordance with this section.
755 (d) A provision of a state construction code may be applicable:
756 (i) to the entire state; or
757 (ii) within a county, city, or town.
758 (2) (a) The Legislature shall adopt a state construction code by enacting legislation that
759 adopts a construction code with any modifications.
760 (b) Legislation enacted under this Subsection (2) shall state that it takes effect on the
761 July 1 after the day on which the legislation is enacted, unless otherwise stated in the
762 legislation.
763 (c) Subject to Subsection (5), a state construction code adopted by the Legislature is the
764 state construction code until in accordance with this section the Legislature adopts a new state
765 construction code by:
766 (i) adopting a new state construction code in its entirety; or
767 (ii) amending or repealing one or more provisions of the state construction code.
768 (3) (a) The commission shall by no later than November 30 of each year recommend to
769 the Business and Labor Interim Committee whether the Legislature should:
770 (i) amend or repeal one or more provisions of a state construction code; or
771 (ii) in a year of a regularly scheduled update of a nationally recognized code, adopt a

772 construction code with any modifications.
773 (b) The commission may recommend legislative action related to a state construction
774 code:
775 (i) on its own initiative;
776 (ii) upon the recommendation of the division; or
777 (iii) upon the receipt of a request by one of the following that the commission
778 recommend legislative action related to the state construction code:
779 (A) a local regulator;
780 (B) a state regulator;
781 (C) a state agency involved with the construction and design of a building;
782 (D) the Construction Services Commission;
783 (E) the Electrician Licensing Board;
784 (F) the Plumbers Licensing Board; or
785 (G) a recognized construction-related association.
786 [(b) (i)] (4) If the Business and Labor Interim Committee decides to recommend
787 legislative action to the Legislature, the Business and Labor Interim Committee shall prepare
788 legislation for consideration by the Legislature in the next general session[.] that if passed by
789 the Legislature would:
790 (a) adopt a new state construction code in its entirety; or
791 (b) amend or repeal one or more provisions of a state construction code.
792 [(ii) The legislation described in Subsection (3)(b)(i) shall direct:]
793 [(A) the division to administer an adopted code, excluding the fire code, in accordance
794 with legislative action approved by the Legislature; and]
795 [(B) the board to administer an adopted fire code in accordance with legislative action
796 approved by the Legislature.]
797 [(4)] (5) (a) Notwithstanding Subsection (3), the commission may, in accordance with
798 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [adopt an adopted code, except the
799 fire code,] amend a state construction code if the commission determines that waiting for
800 legislative action in the next general legislative session [under Subsection (3)] would:
801 (i) cause an imminent peril to the public health, safety, or welfare; or
802 (ii) place a person in violation of federal or other state law.

803 (b) If the commission [adopts an adopted] amends a state construction code [under
804 Subsection (4)(a)] in accordance with this Subsection (5), the commission shall file with the
805 division:
806 (i) the text of the [adopted] amendment to the state construction code; and
807 (ii) an analysis that includes the specific reasons and justifications for [its] the
808 commission's findings.
809 (c) [The] If a state construction code is amended under this Subsection (5), the division
810 shall[, in accordance with Subsection (4)(b)]:
811 (i) publish the [adopted] amendment to the state construction code in accordance with
812 Section 58-56-6 ; and
813 (ii) notify the Business and Labor Interim Committee of the [adoption] amendment to
814 the state construction code, including a copy of the commission's analysis described in
815 Subsection (5)(b).
816 (d) If not formally adopted by the Legislature at its next annual general session, an
817 [adopted] amendment to a state construction code [adopted] under this Subsection [(4)] (5) is
818 repealed [effective at midnight on the last day that the Legislature adjourns sine die at its] on
819 the July 1 immediately following the next annual general session that follows the adoption of
820 the amendment.
821 [(5) (a) Notwithstanding Subsection (3), the board may, in accordance with Title 63G,
822 Chapter 3, Utah Administrative Rulemaking Act, adopt a fire code, if the board determines that
823 waiting for legislative action in the next general legislative session under Subsection (3)
824 would:]
825 [(i) cause an imminent peril to the public health, safety, or welfare; or]
826 [(ii) place a person in violation of federal or other state law.]
827 [(b) The board shall:]
828 [(i) publish the adopted fire code; and]
829 [(ii) notify the Business and Labor Interim Committee of the adoption, including a
830 copy of an analysis by the board identifying specific reasons and justifications for its findings.]
831 [(c) If not formally adopted by the Legislature at its next annual general session, a fire
832 code adopted under this Subsection (5) is repealed effective at midnight on the last day that the
833 Legislature adjourns sine die at its next annual general session.]

834 (6) (a) The division, in consultation with the commission, [has discretion to] may
835 approve, without adopting, [certain] one or more approved codes, including a specific
836 [editions] edition of [the approved codes] a state construction code, for use by a compliance
837 agency.
838 (b) [Under] If the code adopted by a compliance agency is an approved code described
839 in Subsection (6)(a), [a] the compliance agency [has the discretion to] may:
840 (i) adopt an ordinance requiring removal, demolition, or repair of a building[,
841 according to an adopted code];
842 (ii) adopt, by ordinance or rule, a dangerous building code; or
843 (iii) adopt, by ordinance or rule, a building rehabilitation code.
844 (7) (a) Except [in a residential area] as provided in Subsection (7)(b), a structure used
845 solely in conjunction with agriculture use, and not for human occupancy, is [exempted] exempt
846 from the permit requirements of [an adopted] a state construction code.
847 (b) (i) [Notwithstanding] Unless exempted by a provision other than Subsection (7)(a),
848 [unless otherwise exempted,] a plumbing, electrical, and mechanical [permits] permit may be
849 required when that work is included in [the] a structure described in Subsection (7)(a).
850 (ii) Unless located in whole or in part in an agricultural protection area created under
851 Title 17, Chapter 41, Agriculture and Industrial Protection Area, a structure described in
852 Subsection (7)(a) is not exempt from a permit requirement if the structure is located on land
853 that is:
854 (A) (I) within the boundaries of a city or town; and
855 (II) less than five contiguous acres; or
856 (B) (I) within a subdivision for which the county has approved a subdivision plat under
857 Title 17, Chapter 27a, Part 6, Subdivisions; and
858 (II) less than two contiguous acres.
859 Section 13. Section 58-56-5 is amended to read:
860 58-56-5. Uniform Building Code Commission -- Composition of commission --
861 Commission duties and responsibilities.
862 (1) There is established a Uniform Building Code Commission to advise the division
863 with respect to the division's responsibilities in administering the codes under this chapter.
864 (2) The commission shall be appointed by the executive director who shall submit

865 those nominations to the governor for confirmation or rejection. If a nominee is rejected,
866 alternative names shall be submitted until confirmation is received. Following confirmation by
867 the governor, the appointment is effective.
868 (3) The commission shall consist of 11 members who shall be appointed in accordance
869 with the following:
870 (a) one member shall be from among candidates nominated by the Utah League of
871 Cities and Towns and the Utah Association of Counties;
872 (b) one member shall be a licensed building inspector employed by a political
873 subdivision of the state;
874 (c) one member shall be a licensed professional engineer;
875 (d) one member shall be a licensed architect;
876 (e) one member shall be a fire official;
877 (f) three members shall be contractors licensed by the state, of which one shall be a
878 general contractor, one an electrical contractor, and one a plumbing contractor;
879 (g) two members shall be from the general public and have no affiliation with the
880 construction industry or real estate development industry; and
881 (h) one member shall be from the Division of Facilities Construction Management,
882 Department of Administrative Services.
883 (4) (a) Except as required by Subsection (4)(b), as terms of current commission
884 members expire, the executive director shall appoint each new member or reappointed member
885 to a four-year term.
886 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
887 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
888 of commission members are staggered so that approximately half of the commission is
889 appointed every two years.
890 (5) When a vacancy occurs in the membership for any reason, the executive director
891 shall appoint a replacement for the unexpired term.
892 (6) [No] (a) A commission member may not serve more than two full terms[, and no].
893 (b) A commission member who ceases to serve may not again serve on the commission
894 until after the expiration of two years from the date of cessation of service.
895 (7) A majority of the commission members [shall] constitute a quorum and may act on

896 behalf of the commission.
897 (8) (a) (i) [Members] A member who [are] is not a government [employees shall
898 receive no] employee may not receive compensation or benefits for [their services] the
899 member's service, but may receive per diem and expenses incurred in the performance of the
900 member's official duties at the rates established by the Division of Finance under Sections
901 63A-3-106 and 63A-3-107 .
902 (ii) [Members] A member who is not a government employee may decline to receive
903 per diem and expenses for [their] the member's service.
904 (b) (i) [State] A state government officer [and] or employee [members] member who
905 [do] does not receive salary, per diem, or expenses from [their] the member's agency for [their]
906 the member's service may receive per diem and expenses incurred in the performance of [their]
907 the member's official duties from the commission at the rates established by the Division of
908 Finance under Sections 63A-3-106 and 63A-3-107 .
909 (ii) [State] A state government officer [and] or employee [members] member may
910 decline to receive per diem and expenses for [their] the member's service.
911 (c) (i) [Local] A local government [members] member who [do] does not receive
912 salary, per diem, or expenses from the entity that [they represent for their] the member
913 represents for the member's service may receive per diem and expenses incurred in the
914 performance of [their] the member's official duties at the rates established by the Division of
915 Finance under Sections 63A-3-106 and 63A-3-107 .
916 (ii) [Local] A local government [members] member may decline to receive per diem
917 and expenses for [their] the member's service.
918 (9) (a) The commission shall annually designate one of its members to serve as chair of
919 the commission.
920 (b) The division shall provide a secretary to facilitate the function of the commission
921 and to record [its] the commission's actions and recommendations.
922 (10) The commission shall:
923 (a) in accordance with Section 58-56-4 , [make a] report to the Business and Labor
924 Interim Committee [by no later than November 30 of each year];
925 [(b) ensure that the report includes recommendations as to whether or not the
926 Legislature should take legislative action, excluding any recommendations on the fire code;]

927 [(c)] (b) offer an opinion regarding the interpretation of or the application of [an
928 adopted code, excluding the fire code, or an approved] a code under this chapter if a [party]
929 person submits a request for an opinion;
930 [(d)] (c) act as an appeals board as provided in Section 58-56-8 ;
931 [(e)] (d) establish advisory peer committees on either a standing or ad hoc basis to
932 advise the commission with respect to matters related to [an adopted] a state construction code,
933 [excluding the fire code,] or approved code, including a committee to advise the commission
934 regarding health matters related to [the] a plumbing code; and
935 [(f)] (e) assist the division in overseeing code-related training in accordance with
936 Section 58-56-9 .
937 (11) A [party] person requesting an opinion under Subsection (10)(c) shall submit a
938 formal request clearly stating:
939 (a) the facts in question;
940 (b) the specific [code] citation at issue in a code under this chapter; and
941 (c) the position taken by [all parties] the persons involved in the facts in question.
942 Section 14. Section 58-56-6 is amended to read:
943 58-56-6. Codes -- Division duties and responsibilities.
944 (1) (a) The division shall administer the codes adopted or approved under Section
945 58-56-4 pursuant to this chapter[, but].
946 (b) Notwithstanding Subsection (1)(a), the division has no responsibility [or duty] to:
947 (i) conduct inspections to determine compliance with the codes[,];
948 (ii) issue permits[,]; or
949 (iii) assess building permit fees.
950 (2) [Administration] As part of the administration of the codes adopted or approved
951 under Section 58-56-4 [by] the division shall [include]:
952 (a) comply with Section 58-56-7 ;
953 [(a)] (b) [scheduling] schedule appropriate hearings;
954 [(b)] (c) [maintaining, publishing for reference, and keeping the] maintain and publish
955 for reference:
956 (i) a current [adopted code, excluding the fire code, and] state construction code; and
957 (ii) any approved code; and

958 [(c) publishing] (d) publish the opinions of the commission with respect to
959 interpretation and application of the codes.
960 Section 15. Section 58-56-7 is amended to read:
961 58-56-7. Code amendment process.
962 (1) (a) [Subject to Subsection (1)(b), the] The division, in consultation with the
963 commission, shall establish by rule the procedure [and manner] under which [requests for] a
964 request that the commission recommend legislative action [to an adopted code shall] is to be:
965 (i) filed with the division;
966 (ii) reviewed by the commission; and
967 (iii) [recommended] addressed by the commission in the commission's report to the
968 Business and Labor Interim Committee [for legislative action in accordance with] required by
969 Section [ 58-56-5 ] 58-56-4 .
970 [(b) Notwithstanding Subsection (1)(a), the board shall recommend legislative action to
971 the fire code in accordance with Section 53-7-204 .]
972 (2) The division shall accept a request that the commission recommend legislative
973 action in accordance with Section 58-56-4 , from [any]:
974 (a) a local [regulators,] regulator;
975 (b) a state [regulators,] regulator;
976 (c) a state [agencies] agency involved with the construction and design of [buildings,
977 the contractors, plumbers, or electricians licensing boards, or from] a building;
978 (d) the Construction Services Commission;
979 (e) the Electrician Licensing Board;
980 (f) the Plumbers Licensing Board; or
981 (g) a recognized construction-related [associations a request for amendment to the
982 codes under Section 58-56-4 ] association.
983 [(3) (a) Except in the case of the fire code, the division may make recommendations to
984 the commission for legislative action.]
985 [(b) Except in the case of the fire code, the commission may also consider legislative
986 action on its own initiative.]
987 [(4)] (3) (a) [On May 15 and October 15 of each calendar year, or the first government
988 working day after those dates if either date falls on a weekend or government holiday, the

989 division shall convene a] If one or more requests are received in accordance with this section,
990 the division shall hold at least one public hearing[,] before the commission concerning the
991 requests [for legislative action to an adopted code in accordance with Section 58-56-4 ].
992 (b) The commission shall conduct a public hearing [shall be conducted] under this
993 Subsection (3) in accordance with the rules of the commission, which may provide for
994 coordinating the public hearing with a meeting of the commission.
995 [(5)] (c) [The commission shall, after the] After a public hearing described in this
996 Subsection [(4), make] (3), the commission shall prepare a written report of [recommended
997 amendments to be included] its recommendations made on the basis of the public hearing. The
998 commission shall include the information in the written report prepared under this Subsection
999 (3)(c) in the commission's report to the Business and Labor Interim Committee under Section
1000 [ 58-56-5 ] 58-56-4 .
1001 [(6)] (4) In making rules required by this chapter, the division shall comply with Title
1002 63G, Chapter 3, Utah Administrative Rulemaking Act.
1003 Section 16. Section 58-56-9 is amended to read:
1004 58-56-9. Qualifications of inspectors -- Contract for inspection services.
1005 (1) [All inspectors] An inspector employed by a local regulator, state regulator, or
1006 compliance agency to enforce [provisions of] the codes adopted or approved pursuant to this
1007 chapter shall:
1008 (a) (i) meet minimum qualifications as established by the division in collaboration with
1009 the commission [or];
1010 (ii) be certified by a nationally recognized organization which promulgates codes
1011 adopted under this chapter[,]; or
1012 (iii) pass an examination developed by the division in collaboration with the
1013 commission;
1014 (b) be currently licensed by the division as meeting those minimum qualifications; and
1015 (c) be subject to revocation or suspension of [their] the inspector's license or [may be]
1016 being placed on probation if found guilty of unlawful or unprofessional conduct.
1017 (2) A local regulator, state regulator, or compliance agency may contract for the
1018 services of a licensed inspector not regularly employed by the regulator or agency.
1019 (3) (a) The division shall use the [monies] money received [in] under Subsection (4) to

1020 provide education:
1021 (i) regarding the codes and code amendments [adopted or approved] that under Section
1022 58-56-4 are adopted, approved, or being considered for adoption or approval; and
1023 (ii) to:
1024 [(i)] (A) building inspectors; and
1025 [(ii)] (B) individuals engaged in construction-related trades or professions.
1026 (b) [All funding] Monies available for [the] a building inspector's education program
1027 [shall be] are nonlapsing.
1028 (4) [Each] (a) A compliance agency shall:
1029 (i) charge a 1% surcharge on [all building permits issued] a building permit it issues;
1030 and [shall]
1031 (ii) transmit 80% of the amount collected to the division to be [utilized] used by the
1032 division to fulfill the requirements of Subsection (3).
1033 (b) The surcharge shall be deposited as a dedicated credit.
1034 Section 17. Section 58-56-9.3 is amended to read:
1035 58-56-9.3. Unprofessional conduct.
1036 Unprofessional conduct is as defined in Subsection 58-1-501 (2) and includes:
1037 (1) knowingly failing to inspect or issue correction notices for code violations which
1038 when left uncorrected would constitute a hazard to the public health and safety and knowingly
1039 failing to require that correction notices are complied with as a building inspector;
1040 (2) the use of alcohol or the illegal use of drugs while performing duties as a building
1041 inspector or at any time to the extent that the inspector is physically or mentally impaired and
1042 unable to effectively perform the duties of an inspector;
1043 (3) gross negligence in the performance of official duties as a building inspector;
1044 (4) the personal use of information or knowingly revealing information to unauthorized
1045 persons when that information has been obtained by a building inspector as a result of the
1046 inspector's employment, work, or position as an inspector;
1047 (5) unlawful acts or practices which are clearly unethical under generally recognized
1048 standards of conduct of a building inspector;
1049 (6) engaging in fraud or knowingly misrepresenting a fact relating to the performance
1050 of duties and responsibilities as a building inspector;

1051 (7) a building inspector knowingly failing to require that all plans, specifications,
1052 drawings, documents, and reports be stamped by architects, professional engineers, or both as
1053 established by law;
1054 (8) a building inspector knowingly failing to report to the division an act or omission of
1055 a licensee under Title 58, Chapter 55, Utah Construction Trades Licensing Act, which when
1056 left uncorrected constitutes a hazard to public health and safety;
1057 (9) a building inspector knowingly failing to report to the division unlicensed practice
1058 persons who are required to be licensed under Title 58, Chapter 55, Utah Construction Trades
1059 Licensing Act;
1060 (10) a building inspector's approval of work which materially varies from approved
1061 documents that have been stamped by an architect, professional engineer, or both unless
1062 authorized by the licensed architect, professional engineer, or both;
1063 (11) a building inspector failing to produce verification of current licensure and current
1064 certifications for the codes [adopted under rules of the division] upon request of the division, a
1065 compliance agency, or a contractor or property owner whose work is being inspected;
1066 (12) nondelivery of goods or services by a registered dealer which constitutes a breach
1067 of contract by the dealer;
1068 (13) the failure of a registered dealer to pay a subcontractor or supplier any amounts to
1069 which that subcontractor or supplier is legally entitled; and
1070 (14) any other activity which is defined as unprofessional conduct by division rule in
1071 accordance with the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1072 Section 18. Section 58-56-12 is amended to read:
1073 58-56-12. Factory built housing units.
1074 (1) (a) Manufactured homes constructed, sold, or set-up in the state shall be
1075 constructed in accordance with the HUD code.
1076 (b) Manufactured homes set-up in the state shall be installed in accordance with the
1077 state construction code applicable to manufactured housing installation [standard code referred
1078 to in Section 58-56-4 ].
1079 (c) The authority and responsibility for the issuance of building permits for the
1080 modification or set-up of manufactured homes within a political subdivision of the state shall
1081 be with the local regulator within that political subdivision.

1082 (d) The inspection of modifications to or the set-up of manufactured homes shall be
1083 conducted and approvals given by the local regulator within the political subdivision in which
1084 the set-up takes place.
1085 (2) (a) Mobile homes sold or set-up in the state shall be constructed in accordance with
1086 the [mobile home] state construction code [in existence in the state] applicable to a mobile
1087 home in which the mobile home was constructed at the time the mobile home was constructed.
1088 (b) Mobile homes set-up in the state shall be installed in accordance with the state
1089 construction code applicable to manufactured housing installation [standard code referred to in
1090 Section 58-56-4 ].
1091 (c) The authority and responsibility for the issuance of building permits for the
1092 modification of or set-up of mobile homes within a political subdivision of the state shall be
1093 with the local regulator within that political subdivision.
1094 (d) The inspection of modification to or the set-up of mobile homes shall be conducted
1095 and approvals given by the local regulator within the political subdivision in which the set-up
1096 takes place.
1097 Section 19. Section 58-56-13 is amended to read:
1098 58-56-13. Modular units.
1099 Modular unit construction, set-up, issuance of permits for construction or set-up, and
1100 set-up shall be in accordance with the following:
1101 (1) construction and set-up shall be in accordance with the [building standards adopted
1102 pursuant to Section 58-56-4 , or equivalent standards adopted by rule] state construction codes;
1103 (2) the responsibility and authority for plan review and issuance of permits for
1104 construction, modification, or set-up shall be that of the local regulator of the political
1105 subdivision in which the modular unit is to be set-up;
1106 (3) the inspection of the construction, modification of, or set-up of a modular unit to
1107 determine conformance with the provisions of this chapter and the issuance of approvals shall
1108 be the responsibility of the local regulator in the political subdivision in which the modular unit
1109 is to be set-up or is set-up; and
1110 (4) nothing in this section shall preclude a local regulator from contracting with a
1111 qualified third party for the inspection or plan review provided in this section, or the state from
1112 entering into an interstate compact for third party inspection of the construction of modular

1113 units.
1114 Section 20. Section 58-56-14 is amended to read:
1115 58-56-14. Modification of factory built housing units and modular units.
1116 (1) [Any] A modification to factory built housing units shall be made in accordance
1117 with the following:
1118 (a) Prior to set-up, modification to a manufactured home or mobile home prior to
1119 installation or set-up of the unit for habitation shall be made in accordance with the HUD code.
1120 (b) After set-up:
1121 (i) modification to a manufactured home or mobile home after installation or set-up of
1122 the unit for habitation, which modification does not include the addition of any space to the
1123 existing unit or the attachment of any structure to the existing unit shall be made in accordance
1124 with the HUD code; and
1125 (ii) modification to a manufactured home or mobile home after installation or set-up of
1126 the unit for habitation, which modification includes the addition of any space to the existing
1127 unit or the attachment of any structure to the unit shall be made as follows:
1128 (A) modifications to the existing unit shall be in accordance with the HUD code; and
1129 (B) additional structure outside of the existing unit shall be in accordance with the
1130 [Utah Uniform Building Standards Act] this chapter.
1131 (2) [Any] A modification to a modular housing [units] unit shall be made in
1132 accordance with [the Utah Uniform Building Standards Act] this chapter.
1133 Section 21. Section 58-56-15 is amended to read:
1134 58-56-15. Factory built housing and modular units -- Division responsibility --
1135 Unlawful conduct.
1136 (1) The division:
1137 (a) shall maintain current information on the HUD code and the state construction code
1138 relevant to manufactured housing installation [standard code referred to in Section 58-56-4 ]
1139 and will provide at reasonable cost the information to compliance agencies, local regulators, or
1140 state regulators requesting such information;
1141 (b) shall provide qualified personnel to advise compliance agencies, local regulators,
1142 and state regulators regarding the standards for construction and set-up, construction and set-up
1143 inspection, and additions or modifications to factory built housing;

1144 (c) is designated as the state administrative agency for purposes under the provisions of
1145 the HUD code;
1146 (d) may inspect the work of modular unit manufacturers in the state during the
1147 construction process to determine compliance of the manufacturer with [the Utah Uniform
1148 Building Standard Act] this chapter for those units to be installed within the state and upon a
1149 finding of substantive deficiency, issue a corrective order to the manufacturer with a copy to
1150 the local regulator in the state's political subdivision in which the unit is to be installed;
1151 (e) shall have rights of entry and inspection as specified under the HUD Code; and
1152 (f) shall implement by rule as required by the HUD Code:
1153 (i) a dispute resolution program; and
1154 (ii) a continuing education requirement for manufactured housing installation
1155 contractors.
1156 (2) The division may assess civil penalties payable to the state for violation of the
1157 HUD Code in an amount identical to those set forth in Section 611 of the National
1158 Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410.
1159 (3) The state may impose criminal sanctions for violations of the HUD Code identical
1160 to those set forth in Section 611 of the National Manufactured Housing Construction and
1161 Safety Standards Act of 1974, 42 U.S.C. Sec. 5410, provided that if the criminal sanction is a
1162 fine, the fine shall be payable to the state.
1163 Section 22. Section 58-56-17.5 is amended to read:
1164 58-56-17.5. Factory Built Housing Fees Restricted Account.
1165 (1) There is created within the General Fund a restricted account known as "Factory
1166 Built Housing Fees Account."
1167 (2) (a) The restricted account shall be funded from the fees the dealer collects and
1168 remits to the division for each factory built home the dealer sells as provided in Subsection
1169 58-56-17 (1).
1170 (b) The division shall deposit all monies collected under Subsection 58-56-17 (1) in the
1171 restricted account.
1172 (c) The restricted account shall be used to pay for education and enforcement of [the
1173 Uniform Building Standards Act] this chapter, including investigations and administrative
1174 actions and the funding of additional employees to the amount of the legislative appropriation.

1175 (d) The restricted account may accrue interest which shall be deposited into the
1176 restricted account.
1177 Section 23. Section 58-56-20 is amended to read:
1178 58-56-20. Standardized building permit content.
1179 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1180 division shall adopt a standardized building permit form by rule.
1181 (2) (a) The standardized building permit form created under Subsection (1) shall
1182 include fields for indicating the following information:
1183 (i) the name and address of the owner of or contractor for the project;
1184 (ii) (A) the address of the project; or
1185 (B) a general description of the project; and
1186 (iii) whether the permit applicant is an original contractor or owner-builder.
1187 (b) The standardized building permit form created under Subsection (1) may include
1188 any other information the division considers useful.
1189 (3) (a) A compliance agency shall issue a permit for construction only on a
1190 standardized building permit form approved by the division.
1191 (b) A permit for construction issued by a compliance agency under Subsection (3)(a)
1192 shall print the standardized building permit number assigned under Section 58-56-19 in the
1193 upper right-hand corner of the building permit form in at least 12-point type.
1194 (c) (i) Except as provided in Subsection (3)(c)(ii), a compliance agency may not issue a
1195 permit for construction if the information required by Subsection (2)(a) is not completed on the
1196 building permit form.
1197 (ii) If a compliance agency does not issue a separate permit for different aspects of the
1198 same project, the compliance agency may issue a permit for construction without the
1199 information required by Subsection (2)(a)(iii).
1200 (d) A compliance agency may require additional information for the issuance of a
1201 permit for construction.
1202 (4) A local regulator issuing a single-family residential building permit application
1203 shall include in the application or attach to the building permit the following notice
1204 prominently placed in at least 14-point font: "Decisions relative to this application are subject
1205 to review by the chief executive officer of the municipal or county entity issuing the

1206 single-family residential building permit and appeal under the International Residential Code as
1207 adopted by the Legislature."
1208 Section 24. Section 58-56-21 is amended to read:
1209 58-56-21. Review of building inspection.
1210 (1) As used in this section, "International Residential Code" [or "IRC"] means the
1211 International Residential Code [as] adopted [in this chapter and by rule] as a state construction
1212 code under Section 58-56-4 .
1213 (2) Subject to Subsection (3), a city or county shall, by ordinance, provide for review of
1214 an inspection conducted by the city's or county's building inspector for a single-family
1215 residential building permit.
1216 (3) Upon request by a person seeking a single-family residential building permit, a
1217 chief executive officer of the municipal or county issuing the single-family residential building
1218 permit, or the chief executive officer's designee, shall, with reasonable diligence, review an
1219 inspection described in Subsection (2) to determine whether the inspection constitutes a fair
1220 administration of the building code.
1221 (4) A review described in this section:
1222 (a) is separate and unrelated to an appeal under the [IRC] International Residential
1223 Code;
1224 (b) may not be used to review a matter that may be brought by appeal under the [IRC]
1225 International Residential Code;
1226 (c) may not result in the waiver or modification of an [IRC] International Residential
1227 Code requirement or standard;
1228 (d) may not conflict with an appeal, or the result of an appeal, under the [IRC]
1229 International Residential Code; and
1230 (e) does not prohibit a person from bringing an appeal under the [IRC] International
1231 Residential Code.
1232 (5) A person who seeks a review described in this section may not be prohibited by
1233 preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under
1234 the [IRC] International Residential Code on the grounds that the person raised the issue or
1235 brought the claim in the review described in this section.
1236 Section 25. Repealer.

1237 This bill repeals:
1238 Section 53-7-205, State fire code amendments -- Board duties and responsibilities.
1239 Section 26. Effective date.
1240 This bill takes effect on July 1, 2010.




Legislative Review Note
as of 1-22-10 7:13 PM

Office of Legislative Research and General Counsel