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H.B. 187
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7 LONG TITLE
8 General Description:
9 This bill modifies the Fire Prevention and Fireworks Act to address appeals of
10 inspections.
11 Highlighted Provisions:
12 This bill:
13 . requires a notice of appeal rights on the application for a permit;
14 . requires a county, city, or town to establish appeal processes;
15 . establishes requirements related to an appeal process; and
16 . makes technical and conforming amendments.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53-7-209, as last amended by Laws of Utah 2010, Chapter 310
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-7-209 is amended to read:
27 53-7-209. Inspection of buildings by officials -- Review of residential inspections.
28 (1) As used in this section, "International Fire Code" means the edition of the
29 International Fire Code adopted by Legislature with the amendments and additions in the State
30 Fire Code.
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32 dwelling at any reasonable hour to inspect the building or premises and enforce the rules made
33 under this part and the state fire code.
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35 a private dwelling shall permit inspections under this section.
36 (4) (a) At the time or before a fire chief or officer inspects a single-family residence,
37 the fire chief or officer shall provide the owner or builder of the single-family residence a
38 written notice that states in at least 14-point font: "Decisions relative to this inspection are
39 subject to review by the chief executive officer of the county, city, or town in which this
40 single-family residence is located and appeal under the International Fire Code."
41 (b) Subject to Subsection (4)(c), a county, city, or town shall, by ordinance, provide for
42 review of an inspection conducted by the county's, city's, or town's fire chief or officer for a
43 single-family residence.
44 (c) Upon request by a person who owns or is building a single-family residence, a chief
45 executive officer of the county, city, or town in which is located the single-family residence, or
46 the chief executive officer's designee, shall, with reasonable diligence, review an inspection
47 described in Subsection (4)(b) to determine whether the inspection constitutes a fair
48 administration of the State Fire Code.
49 (d) A review described in this section:
50 (i) is separate and unrelated to an appeal under the International Fire Code;
51 (ii) may not be used to review a matter that may be brought by appeal under the
52 International Fire Code;
53 (iii) may not result in the waiver or modification of a State Fire Code requirement or
54 standard; and
55 (iv) does not prohibit a person from bringing an appeal under the International Fire
56 Code.
57 (e) A person who seeks a review described in this Subsection (4) may not be prohibited
58 by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal
59 under the International Fire Code on the grounds that the person raised the issue or brought the
60 claim in the review described in this section.
Legislative Review Note
as of 1-11-11 11:27 AM