1     
BUILDING CODE REVIEW AND ADOPTION AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad R. Wilson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies and repeals provisions of the State Construction and Fire Codes Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the process by which the Legislature adopts new versions of the State
13     Construction Code and the State Fire Code;
14          ▸     addresses the ability of state and local entities to adopt a rule or ordinance that is
15     different from the State Construction Code or the State Fire Code;
16          ▸     adopts the 2014 National Electrical Code;
17          ▸     adds an amendment to the 2014 National Electrical Code that relates to certain
18     circuit breakers;
19          ▸     updates a reference to the International Fire Code;
20          ▸     repeals provisions relating to amendments to the International Building Code and
21     the International Residential Code that apply to the City of Farmington; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          15A-1-204, as last amended by Laws of Utah 2014, Chapters 178 and 189
30          15A-1-403, as enacted by Laws of Utah 2011, Chapter 14
31          15A-2-103, as last amended by Laws of Utah 2013, Chapters 279 and 297
32          15A-3-303, as last amended by Laws of Utah 2013, Chapter 297
33          15A-3-601, as last amended by Laws of Utah 2013, Chapter 297
34          15A-4-107, as enacted by Laws of Utah 2011, Chapter 14
35     REPEALS:
36          15A-4-103, as enacted by Laws of Utah 2011, Chapter 14
37          15A-4-203, as enacted by Laws of Utah 2011, Chapter 14
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 15A-1-204 is amended to read:
41          15A-1-204. Adoption of State Construction Code -- Amendments by commission--
42     Approved codes -- Exemptions.
43          (1) (a) The State Construction Code is the construction codes adopted with any
44     modifications in accordance with this section that the state and each political subdivision of the
45     state shall follow.
46          (b) A person shall comply with the applicable provisions of the State Construction
47     Code when:
48          (i) new construction is involved; and
49          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
50          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
51     conservation, or reconstruction of the building; or
52          (B) changing the character or use of the building in a manner that increases the
53     occupancy loads, other demands, or safety risks of the building.
54          (c) On and after July 1, 2010, the State Construction Code is the State Construction
55     Code in effect on July 1, 2010, until in accordance with this section:
56          (i) a new State Construction Code is adopted; or
57          (ii) one or more provisions of the State Construction Code are amended or repealed in
58     accordance with this section.
59          (d) A provision of the State Construction Code may be applicable:
60          (i) to the entire state; or
61          (ii) within a county, city, or town.
62          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
63     that adopts a nationally recognized construction code with any modifications.
64          (b) Legislation [enacted under this Subsection (2)] described in Subsection (2)(a) shall
65     state that [it] the legislation takes effect on the July 1 after the day on which the legislation is
66     enacted, unless otherwise stated in the legislation.
67          (c) Subject to Subsection (5), a State Construction Code adopted by the Legislature is
68     the State Construction Code until, in accordance with this section, the Legislature adopts a new
69     State Construction Code by:
70          (i) adopting [a] an entirely new State Construction Code [in its entirety]; or
71          (ii) amending or repealing one or more provisions of the State Construction Code.
72          (3) (a) For every third update of a nationally recognized construction code, the
73     commission shall, by July 1 of the year in which the update is published, prepare a report to
74     present to the Business and Labor Interim Committee that:
75          (i) states whether the commission recommends the Legislature adopt the update with
76     any modifications; and
77          (ii) describes the costs and benefits of each recommended change in the update or in
78     any modification.
79          (b) After the Business and Labor Interim Committee receives the report described in
80     Subsection (3)(a), the Business and Labor Interim Committee shall study the recommendations
81     in the report during the following interim.
82          (c) If, after the study period described in Subsection (3)(b), the Business and Labor
83     Interim Committee decides to recommend legislative action to the Legislature, the Business
84     and Labor Interim Committee shall prepare legislation for consideration by the Legislature in
85     the next general session that, if passed, would adopt a new State Construction Code.
86          [(3)] (4) (a) (i) The commission shall, by no later than November 30 of each year in
87     which the commission is not required to submit a report under Subsection (3), recommend to
88     the Business and Labor Interim Committee whether the Legislature should[: (i)] amend or
89     repeal one or more provisions of a State Construction Code[; or].
90          [(ii) in a year of a regularly scheduled update of a nationally recognized code, adopt a
91     construction code with any modifications.]
92          (ii) As part of a recommendation described in Subsection (4)(a)(i), the commission
93     shall describe the costs and benefits of each proposed amendment or repeal.
94          (b) The commission may recommend legislative action related to the State
95     Construction Code:
96          (i) on its own initiative;
97          (ii) upon the recommendation of the division; or
98          (iii) upon the receipt of a request by one of the following that the commission
99     recommend legislative action related to the State Construction Code:
100          (A) a local regulator;
101          (B) a state regulator;
102          (C) a state agency involved with the construction and design of a building;
103          (D) the Construction Services Commission;
104          (E) the Electrician Licensing Board;
105          (F) the Plumbers Licensing Board; or
106          (G) a recognized construction-related association.
107          [(4)] (c) If the Business and Labor Interim Committee decides to recommend
108     legislative action to the Legislature, the Business and Labor Interim Committee shall prepare
109     legislation for consideration by the Legislature in the next general session that, if passed [by the
110     Legislature], would[: (a) adopt a new State Construction Code in its entirety; or (b)] amend or
111     repeal one or more provisions of the State Construction Code.
112          (5) (a) Notwithstanding [Subsection (3)] the provisions of this section, the commission
113     may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend
114     the State Construction Code if the commission determines that waiting for legislative action in
115     the next general legislative session would:
116          (i) cause an imminent peril to the public health, safety, or welfare; or
117          (ii) place a person in violation of federal or other state law.
118          (b) If the commission amends the State Construction Code in accordance with this
119     Subsection (5), the commission shall file with the division:
120          (i) the text of the amendment to the State Construction Code; and
121          (ii) an analysis that includes the specific reasons and justifications for the commission's
122     findings.
123          (c) If the State Construction Code is amended under this Subsection (5), the division
124     shall:
125          (i) publish the amendment to the State Construction Code in accordance with Section
126     15A-1-205; and
127          (ii) notify the Business and Labor Interim Committee of the amendment to the State
128     Construction Code, including a copy of the commission's analysis described in Subsection
129     (5)(b).
130          (d) If not formally adopted by the Legislature at [its] the next annual general session,
131     an amendment to the State Construction Code under this Subsection (5) is repealed on the July
132     1 immediately following the next annual general session that follows the adoption of the
133     amendment.
134          (6) (a) The division, in consultation with the commission, may approve, without
135     adopting, one or more approved codes, including a specific edition of a construction code, for
136     use by a compliance agency.
137          (b) If the code adopted by a compliance agency is an approved code described in
138     Subsection (6)(a), the compliance agency may:
139          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
140          (ii) adopt, by ordinance or rule, a dangerous building code; or
141          (iii) adopt, by ordinance or rule, a building rehabilitation code.
142          (7) Except as provided in Subsections (5) and (6), a compliance agency may not adopt
143     a rule or ordinance that has the effect of changing the requirements of the State Construction
144     Code.
145          [(7)] (8) (a) Except as provided in Subsection [(7)] (8)(b), a structure used solely in
146     conjunction with agriculture use, and not for human occupancy, is exempt from the permit
147     requirements of the State Construction Code.
148          (b) (i) Unless exempted by a provision other than Subsection [(7)] (8)(a), a plumbing,
149     electrical, and mechanical permit may be required when that work is included in a structure
150     described in Subsection [(7)] (8)(a).
151          (ii) Unless located in whole or in part in an agricultural protection area created under
152     Title 17, Chapter 41, Agriculture and Industrial Protection Areas, a structure described in
153     Subsection [(7)] (8)(a) is not exempt from a permit requirement if the structure is located on
154     land that is:
155          (A) within the boundaries of a city or town, and less than five contiguous acres; or
156          (B) within a subdivision for which the county has approved a subdivision plat under
157     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
158          [(8)] (9) A structure that is no more than 1,000 square feet and is used solely for the
159     type of sales described in Subsection 59-12-104(20) is exempt from the permit requirements
160     described in:
161          (a) Chapter 2, Adoption of State Construction Code;
162          (b) Chapter 3, Statewide Amendments Incorporated as Part of State Construction
163     Code; and
164          (c) Chapter 4, Local Amendments Incorporated as Part of State Construction Code.
165          Section 2. Section 15A-1-403 is amended to read:
166          15A-1-403. Adoption of State Fire Code.
167          (1) (a) The State Fire Code is:
168          (i) a code promulgated by a nationally recognized code authority that is adopted by the
169     Legislature under this section with any modifications; and
170          (ii) a code to which cities, counties, fire protection districts, and the state shall adhere
171     in safeguarding life and property from the hazards of fire and explosion.
172          (b) On and after July 1, 2010, the State Fire Code is the State Fire Code in effect on
173     July 1, 2010, until in accordance with this section:
174          (i) a new State Fire Code is adopted; or
175          (ii) one or more provisions of the State Fire Code are amended or repealed in
176     accordance with this section.
177          (c) A provision of the State Fire Code may be applicable:
178          (i) to the entire state; or
179          (ii) within a city, county, or fire protection district.
180          (2) (a) The Legislature shall adopt a State Fire Code by enacting legislation that adopts
181     a nationally recognized fire code with any modifications.
182          (b) Legislation enacted under this Subsection (2) shall state that [it] the legislation
183     takes effect on the July 1 after the day on which the legislation is enacted, unless otherwise
184     stated in the legislation.
185          (c) Subject to Subsection (5), a State Fire Code adopted by the Legislature is the State
186     Fire Code until in accordance with this section the Legislature adopts a new State Fire Code by:
187          (i) adopting [a] an entirely new State Fire Code [in its entirety]; or
188          (ii) amending or repealing one or more provisions of the State Fire Code.
189          (3) (a) For every third update of a nationally recognized fire code, the board shall, by
190     July 1 of the year in which the update is published, prepare a report to present to the Business
191     and Labor Interim Committee that:
192          (i) states whether the board recommends the Legislature adopt the update with any
193     modifications; and
194          (ii) describes the costs and benefits of each recommended change in the update or in
195     any modification.
196          (b) After the Business and Labor Interim Committee receives the report described in
197     Subsection (3)(a), the Business and Labor Interim Committee shall study the recommendations
198     in the report during the following interim.
199          (c) If, after the study period described in Subsection (3)(b), the Business and Labor
200     Interim Committee decides to recommend legislative action to the Legislature, the Business
201     and Labor Interim Committee shall prepare legislation for consideration by the Legislature in
202     the next general session that, if passed, would adopt a new State Fire Code.
203          [(3)] (4) (a) (i) The board shall, by no later than November 30 of each year in which the
204     board is not required to submit a report under Subsection (3), recommend to the Business and
205     Labor Interim Committee whether the Legislature should[: (i)] amend or repeal one or more
206     provisions of the State Fire Code[; or].
207          [(ii) in a year of a regularly scheduled update of a nationally recognized fire code,
208     adopt with any modifications the nationally recognized fire code.]
209          (ii) As part of a recommendation described in Subsection (4)(a)(i), the board shall
210     describe the costs and benefits of each proposed amendment or repeal.
211          (b) The board may recommend legislative action related to the State Fire Code:
212          (i) on its own initiative; or
213          (ii) upon the receipt of a request by a city, county, or fire protection district that the
214     board recommend legislative action related to the State Fire Code.
215          (c) Within 45 days after [receipt of] the day on which the board receives a request
216     under Subsection [(3)] (4)(b), the board shall direct the division to convene an informal hearing
217     concerning the request.
218          (d) The board shall conduct a hearing under this section in accordance with the rules of
219     the board.
220          (e) The board shall decide whether to include the request in the report [required under]
221     described in Subsection [(3)] (4)(a) [whether to recommend the legislative action raised by a
222     request].
223          (f) (i) Within 15 days [following the completion of a hearing of the board under this
224     Subsection (3), the board] after the day on which the board conducts a hearing, the board shall
225     direct the division to notify the entity that made the request of the board's decision regarding
226     the request.
227          (ii) The division shall provide the notice:
228          [(i)] (A) in writing; and
229          [(ii)] (B) in a form prescribed by the board.
230          [(4)] (g) If the Business and Labor Interim Committee decides to recommend
231     legislative action to the Legislature, the Business and Labor Interim Committee shall prepare
232     legislation for consideration by the Legislature in the next general session that, if passed by the
233     Legislature, would[: (a) adopt a new State Fire Code in its entirety; or (b)] amend or repeal one
234     or more provisions of the State Fire Code.
235          (5) (a) Notwithstanding [Subsection (3)] the provisions of this section, the board may,
236     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend a State
237     Fire Code if the board determines that waiting for legislative action in the next general
238     legislative session would:
239          (i) cause an imminent peril to the public health, safety, or welfare; or
240          (ii) place a person in violation of federal or other state law.
241          (b) If the board amends a State Fire Code in accordance with this Subsection (5), the
242     board shall:
243          (i) publish the State Fire Code with the amendment; and
244          (ii) notify the Business and Labor Interim Committee of the adoption, including a copy
245     of an analysis by the board identifying specific reasons and justifications for its findings.
246          (c) If not formally adopted by the Legislature at [its] the Legislature's next annual
247     general session, an amendment to a State Fire Code adopted under this Subsection (5) is
248     repealed on the July 1 immediately following the next annual general session that follows the
249     adoption of the amendment.
250          (6) (a) A legislative body of a political subdivision may not enact an ordinance in the
251     political subdivision's fire code that is more restrictive [in its fire code requirements] than the
252     State Fire Code[:].
253          [(i) in order to meet a public safety need of the political subdivision; and]
254          [(ii) subject to the requirements of this Subsection (6).]
255          [(b) A legislative body of a political subdivision that enacts an ordinance under this
256     section on or after July 1, 2010 shall:]
257          [(i) notify the board in writing at least 30 days before the day on which the legislative
258     body enacts the ordinance and include in the notice a statement as to the proposed subject
259     matter of the ordinance; and]
260          [(ii) after the legislative body enacts the ordinance, report to the board before the board
261     makes the report required under Subsection (6)(c), including providing the board:]
262          [(A) a copy of the ordinance enacted under this Subsection (6); and]
263          [(B) a description of the public safety need that is the basis of enacting the ordinance.]
264          [(c) The board shall submit to the Business and Labor Interim Committee each year
265     with the recommendations submitted in accordance with Subsection (3):]
266          [(i) a list of the ordinances enacted under this Subsection (6) during the fiscal year
267     immediately proceeding the report; and]
268          [(ii) recommendations, if any, for legislative action related to an ordinance enacted
269     under this Subsection (6).]
270          [(d) (i) The state fire marshal shall keep an indexed copy of an ordinance enacted under
271     this Subsection (6).]
272          [(ii) The state fire marshal shall make a copy of an ordinance enacted under this
273     Subsection (6) available on request.]
274          [(e) The board may make rules in accordance with Title 63G, Chapter 3, Utah
275     Administrative Rulemaking Act, to establish procedures for a legislative body of a political
276     subdivision to follow to provide the notice and report required under this Subsection (6).]
277          (b) Except as otherwise provided in this chapter, a state agency may not adopt a rule
278     that has the effect of changing the requirements of the State Fire Code.
279          Section 3. Section 15A-2-103 is amended to read:
280          15A-2-103. Specific editions adopted of construction code of a nationally
281     recognized code authority.
282          (1) Subject to the other provisions of this part, the following construction codes are
283     incorporated by reference, and together with the amendments specified in Chapter 3, Statewide
284     Amendments [to International Plumbing Code] Incorporated as Part of State Construction
285     Code, and Chapter 4, Local Amendments Incorporated as Part of State Construction Code, are
286     the construction standards to be applied to building construction, alteration, remodeling, and
287     repair, and in the regulation of building construction, alteration, remodeling, and repair in the
288     state:
289          (a) the 2012 edition of the International Building Code, including Appendix J, issued
290     by the International Code Council;
291          (b) the 2012 edition of the International Residential Code, issued by the International
292     Code Council;
293          (c) the 2012 edition of the International Plumbing Code, issued by the International
294     Code Council;
295          (d) the 2012 edition of the International Mechanical Code, issued by the International
296     Code Council;
297          (e) the 2012 edition of the International Fuel Gas Code, issued by the International
298     Code Council;
299          (f) the [2011] 2014 edition of the National Electrical Code, issued by the National Fire
300     Protection Association;
301          (g) the 2012 edition of the International Energy Conservation Code, issued by the
302     International Code Council;
303          (h) subject to Subsection 15A-2-104(2), the HUD Code;
304          (i) subject to Subsection 15A-2-104(1), Appendix E of the 2012 edition of the
305     International Residential Code, issued by the International Code Council; and
306          (j) subject to Subsection 15A-2-104(1), the 2005 edition of the NFPA 225 Model
307     Manufactured Home Installation Standard, issued by the National Fire Protection Association.
308          (2) Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire
309     Control, the Legislature adopts the 2006 edition of the Utah Wildland Urban Interface Code,
310     issued by the International Code Council, with the alternatives or amendments approved by the
311     Utah Division of Forestry, as a construction code that may be adopted by a local compliance
312     agency by local ordinance or other similar action as a local amendment to the codes listed in
313     this section.
314          Section 4. Section 15A-3-303 is amended to read:
315          15A-3-303. Amendments to Chapter 3 of IPC.
316          (1) In IPC, Section 303.4, the following exception is added:
317     "Exception: Third-party certification for backflow prevention assemblies will consist of any
318     combination of two certifications, laboratory or field. Acceptable third party laboratory
319     certifying agencies are ASSE, IAPMO, and USC-FCCCHR. USC-FCCCHR currently
320     provides the only field testing of backflow protection assemblies. Also see
321     www.drinkingwater.utah.gov and Division of Drinking Water Rule, Utah Administrative Code,
322     R309-305-6."
323          (2) IPC, Section 304.3, Meter Boxes, is deleted.
324          (3) IPC, Section 311.1, is deleted.
325          (4) In IPC, Section 312.3, the following is added at the end of the paragraph:
326          "Where water is not available at the construction site or where freezing conditions limit
327     the use of water on the construction site, plastic drainage and vent pipe may be permitted to be
328     tested with air. The following procedures shall be followed:
329     1. Contractor shall recognize that plastic is extremely brittle at lower temperatures and can
330     explode, causing serious injury or death.
331     2. Contractor assumes all liability for injury or death to persons or damage to property or for
332     claims for labor and/or material arising from any alleged failure of the system during testing
333     with air or compressed gasses.
334     3. Proper personal protective equipment, including safety eyewear and protective headgear,
335     should be worn by all individuals in any area where an air or gas test is being conducted.
336     4. Contractor shall take all precautions necessary to limit the pressure within the plastic piping.
337     5. No [water supply] drain and vent system shall be pressurized in excess of 6 psi as measured
338     by accurate gauges graduated to no more than three times the test pressure.
339     6. The pressure gauge shall be monitored during the test period, which should not exceed 15
340     minutes.
341     7. At the conclusion of the test, the system shall be depressurized gradually, all trapped air or
342     gases should be vented, and test balls and plugs should be removed with caution."
343          (5) In IPC, Section 312.5, the following is added at the end of the paragraph:
344          "Where water is not available at the construction site or where freezing conditions limit
345     the use of water on the construction site, plastic water pipes may be permitted to be tested with
346     air. The following procedures shall be followed:
347     1. Contractor shall recognize that plastic is extremely brittle at lower temperatures and can
348     explode, causing serious injury or death.
349     2. Contractor assumes all liability for injury or death to persons or damage to property or for
350     claims for labor and/or material arising from any alleged failure of the system during testing
351     with air or compressed gasses.
352     3. Proper personal protective equipment, including safety eyewear and protective headgear,
353     should be worn by all individuals in any area where an air or gas test is being conducted.
354     4. Contractor shall take all precautions necessary to limit the pressure within the plastic piping.
355     5. Water supply systems shall be pressure tested to a minimum of 50 psi but not more than 80
356     psi as measured by accurate gauges graduated to no more than three times the test pressure.
357     6. The pressure gauge shall be monitored during the test period, which should not exceed 15
358     minutes.
359     7. At the conclusion of the test, the system shall be depressurized gradually, all trapped air or
360     gases should be vented, and test balls and plugs should be removed with caution."
361          (6) A new IPC, Section 312.10.3, is added as follows: "312.10.3 Tester Qualifications.
362     Testing shall be performed by a Utah Certified Backflow Preventer Assembly Tester in
363     accordance with Utah Administrative Code, R309-305."
364          Section 5. Section 15A-3-601 is amended to read:
365          15A-3-601. General provisions.
366          The following are adopted as amendments to the NEC to be applicable statewide:
367          (1) The IRC provisions are adopted as the residential electrical standards applicable to
368     installations applicable under the IRC. All other installations shall comply with the adopted
369     NEC.
370          [(2) In NEC, Section 310.15(B)(7), the second sentence is deleted and replaced with
371     the following: "For application of this section, the main power feeder shall be the feeder(s)
372     between the main disconnect and the panelboard(s)."]
373          (2) In NEC, Section 240.87(B), the following is added as an additional approved
374     equivalent means:
375          "6. An instantaneous trip function set at or below the available fault current."
376          Section 6. Section 15A-4-107 is amended to read:
377          15A-4-107. Amendments to IBC applicable to Sandy City.
378          The following amendments are adopted as amendments to the IBC for Sandy City:
379          (1) A new IBC, Section (F)903.2.13, is added as follows: "(F)903.2.13 An automatic
380     sprinkler system shall be installed in accordance with NFPA 13 throughout buildings
381     containing all occupancies where fire flow exceeds 2,000 gallons per minute, based on Table
382     B105.1 of the [2009] 2012 International Fire Code. Exempt locations as indicated in Section
383     903.3.1.1.1 are allowed.
384     Exception: Automatic fire sprinklers are not required in buildings used solely for worship,
385     Group R Division 3, Group U occupancies and buildings complying with the International
386     Residential Code unless otherwise required by the International Fire Code.
387          (2) A new IBC, Appendix L, is added and adopted as follows: "Appendix L
388     BUILDINGS AND STRUCTURES CONSTRUCTED IN AREAS DESIGNATED AS
389     WILDLAND-URBAN INTERFACE AREAS
390     AL 101.1 General. Buildings and structures constructed in areas designated as Wildland-Urban
391     Interface Areas by Sandy City shall be constructed using ignition resistant construction as
392     determined by the Fire Marshal. Section 502 of the 2006 International Wildland-Urban
393     Interface Code (IWUIC), as promulgated by the International Code Council, shall be used to
394     determine Fire Hazard Severity. The provisions listed in Chapter 5 of the 2006 International
395     Wildland-Urban Interface Code, as modified herein, shall be used to determine the
396     requirements for Ignition Resistant Construction.
397     (i) In Section 504 of the IWUIC Class I IGNITION-RESISTANT CONSTRUCTION a new
398     Section 504.1.1 is added as follows: "504.1.1 General. Subsections 504.5, 504.6, and 504.7
399     shall only be required on the exposure side of the structure, as determined by the Fire Marshal,
400     where defensible space is less than 50 feet as defined in Section 603 of the 2006 International
401     Wildland-Urban Interface Code.
402     (ii) In Section 505 of the IWUIC Class 2 IGNITION-RESISTANT CONSTRUCTION
403     Subsections 505.5 and 505.7 are deleted."
404          Section 7. Repealer.
405          This bill repeals:
406          Section 15A-4-103, Amendments to IBC applicable to City of Farmington.
407          Section 15A-4-203, Amendments to IRC applicable to City of Farmington.




Legislative Review Note
     as of 2-3-15 5:28 PM

Office of Legislative Research and General Counsel