CONSTRUCTION CODE AMENDMENTS
Amendment 6 March 5, 2013 4:43 PM
Senator Curtis S. Bramble
proposes the following amendments:
1, Lines 19 through 22
Utah Code Sections Affected:
15A-1-204, as enacted by Laws of Utah 2011, Chapter 14
15A-2-103, as last amended by Laws of Utah 2012, Chapter 76
15A-2-104, as enacted by Laws of Utah 2011, Chapter 14
2, Line 58
House Committee Amendments
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 15A-1-204 is amended to read:
Adoption of State Construction Code -- Amendments by commission-- Approved
codes -- Exemptions.
(1) (a) The State Construction Code is the construction codes adopted with any modifications in
accordance with this section that the state and each political subdivision of the state shall follow.
(b) A person shall comply with the applicable provisions of the State Construction Code when:
(i) new construction is involved; and
(ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
(A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation, or
reconstruction of the building; or
(B) changing the character or use of the building in a manner that increases the occupancy loads, other
demands, or safety risks of the building.
(c) On and after July 1, 2010, the State Construction Code is the State Construction Code in effect on
July 1, 2010, until in accordance with this section:
(i) a new State Construction Code is adopted; or
(ii) one or more provisions of the State Construction Code are amended or repealed in accordance
with this section.
(d) A provision of the State Construction Code may be applicable:
(i) to the entire state; or
(ii) within a county, city, or town.
(2) (a) The Legislature shall adopt a State Construction Code by enacting legislation that adopts a
construction code with any modifications.
(b) Legislation enacted under this Subsection (2) shall state that it takes effect on the July 1 after the
day on which the legislation is enacted, unless otherwise stated in the legislation.
(c) Subject to Subsection (5), a State Construction Code adopted by the Legislature is the State
Construction Code until, in accordance with this section, the Legislature adopts a new State Construction Code
(i) adopting a new State Construction Code in its entirety; or
(ii) amending or repealing one or more provisions of the State Construction Code.
(3) (a) The commission shall by no later than November 30 of each year recommend to the Business
and Labor Interim Committee whether the Legislature should
amend or repeal one or more provisions of a State Construction Code
(ii) in a year of a regularly scheduled update of a nationally recognized code, adopt a
construction code with any modifications
(b) Every other time a nationally recognized code receives a regularly scheduled update, the
commission shall, no later than November 30 of the year that the update is released, recommend to the
Business and Labor Interim Committee whether the Legislature should adopt the updated nationally
recognized code, with any modifications.
The commission may recommend legislative action related to the State
(i) on its own initiative;
(ii) upon the recommendation of the division; or
(iii) upon the receipt of a request by one of the following that the commission recommend legislative
action related to the State Construction Code:
(A) a local regulator;
(B) a state regulator;
(C) a state agency involved with the construction and design of a building;
(D) the Construction Services Commission;
(E) the Electrician Licensing Board;
(F) the Plumbers Licensing Board; or
(G) a recognized construction-related association.
(4) If the Business and Labor Interim Committee decides to recommend legislative action to the
Legislature, the Business and Labor Interim Committee shall prepare legislation for consideration by the
Legislature in the next general session that, if passed by the Legislature, would:
(a) adopt a new State Construction Code in its entirety; or
(b) amend or repeal one or more provisions of the State Construction Code.
(5) (a) Notwithstanding Subsection (3), the commission may, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, amend the State Construction Code if the commission determines that
waiting for legislative action in the next general legislative session would:
(i) cause an imminent peril to the public health, safety, or welfare; or
(ii) place a person in violation of federal or other state law.
(b) If the commission amends the State Construction Code in accordance with this Subsection (5), the
commission shall file with the division:
(i) the text of the amendment to the State Construction Code; and
(ii) an analysis that includes the specific reasons and justifications for the commission's findings.
(c) If the State Construction Code is amended under this Subsection (5), the division shall:
(i) publish the amendment to the State Construction Code in accordance with Section
(ii) notify the Business and Labor Interim Committee of the amendment to the State Construction
Code, including a copy of the commission's analysis described in Subsection (5)(b).
(d) If not formally adopted by the Legislature at its next annual general session, an amendment to the
State Construction Code under this Subsection (5) is repealed on the July 1 immediately following the next
annual general session that follows the adoption of the amendment.
(6) (a) The division, in consultation with the commission, may approve, without adopting, one or more
approved codes, including a specific edition of a construction code, for use by a compliance agency.
(b) If the code adopted by a compliance agency is an approved code described in Subsection (6)(a),
the compliance agency may:
(i) adopt an ordinance requiring removal, demolition, or repair of a building;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(7) (a) Except as provided in Subsection (7)(b), a structure used solely in conjunction with agriculture
use, and not for human occupancy, is exempt from the permit requirements of the State Construction Code.
(b) (i) Unless exempted by a provision other than Subsection (7)(a), a plumbing, electrical, and
mechanical permit may be required when that work is included in a structure described in Subsection (7)(a).
(ii) Unless located in whole or in part in an agricultural protection area created under Title 17, Chapter
41, Agriculture and Industrial Protection Area, a structure described in Subsection (7)(a) is not exempt from a
permit requirement if the structure is located on land that is:
(A) within the boundaries of a city or town, and less than five contiguous acres; or
(B) within a subdivision for which the county has approved a subdivision plat under Title 17, Chapter
27a, Part 6, Subdivisions, and less than two contiguous acres.
Renumber remaining sections accordingly.
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