Representative Paul Ray proposes the following substitute bill:


1     
CONSTRUCTION AND FIRE CODES AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends and repeals provisions related to the state construction and fire codes.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals, for certain municipalities in the state, provisions related to structural
13     requirements for fire safety, fire notification systems, and fire suppression systems;
14          ▸     provides that a political subdivision may not require a structure or subdivision of
15     structures to have a given fire flow rate or a fire sprinkler system under certain
16     circumstances;
17          ▸     repeals a provision related to the applicability of state construction code local
18     amendments; and
19          ▸     repeals, for certain municipalities in the state, a provision related to structures
20     intended to store farm animals.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          15A-1-403, as last amended by Laws of Utah 2016, Chapter 249
28          15A-4-105, as enacted by Laws of Utah 2011, Chapter 14
29          15A-4-107, as last amended by Laws of Utah 2016, Chapter 249
30          15A-4-201, as last amended by Laws of Utah 2014, Chapter 189
31          15A-4-206, as enacted by Laws of Utah 2011, Chapter 14
32     REPEALS:
33          15A-4-102, as enacted by Laws of Utah 2011, Chapter 14
34          15A-4-103, as last amended by Laws of Utah 2016, Chapter 249
35          15A-4-104, as enacted by Laws of Utah 2011, Chapter 14
36          15A-4-202, as enacted by Laws of Utah 2011, Chapter 14
37          15A-4-203, as last amended by Laws of Utah 2016, Chapter 249
38          15A-4-204, as enacted by Laws of Utah 2011, Chapter 14
39          15A-4-205, as enacted by Laws of Utah 2011, Chapter 14
40          15A-5-401, as last amended by Laws of Utah 2013, Chapter 199
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 15A-1-403 is amended to read:
44          15A-1-403. Adoption of State Fire Code.
45          (1) (a) The State Fire Code is:
46          (i) a code promulgated by a nationally recognized code authority that is adopted by the
47     Legislature under this section with any modifications; and
48          (ii) a code to which cities, counties, fire protection districts, and the state shall adhere
49     in safeguarding life and property from the hazards of fire and explosion.
50          (b) On and after July 1, 2010, the State Fire Code is the State Fire Code in effect on
51     July 1, 2010, until in accordance with this section:
52          (i) a new State Fire Code is adopted; or
53          (ii) one or more provisions of the State Fire Code are amended or repealed in
54     accordance with this section.
55          (c) A provision of the State Fire Code may be applicable:
56          (i) to the entire state; or
57          (ii) within a city, county, or fire protection district.
58          (2) (a) The Legislature shall adopt a State Fire Code by enacting legislation that adopts
59     a nationally recognized fire code with any modifications.
60          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
61     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
62     legislation.
63          (c) Subject to Subsection (6), a State Fire Code adopted by the Legislature is the State
64     Fire Code until in accordance with this section the Legislature adopts a new State Fire Code by:
65          (i) adopting a new State Fire Code in its entirety; or
66          (ii) amending or repealing one or more provisions of the State Fire Code.
67          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
68     recognized fire code, the board shall prepare a report described in Subsection (4).
69          (b) For the provisions of a nationally recognized fire code that apply only to detached
70     one- and two-family dwellings and townhouses not more than three stories above grade plane
71     in height with separate means of egress and their accessory structures, the board shall:
72          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
73     second update of the nationally recognized fire code; and
74          (ii) not prepare a report described in Subsection (4) in 2018.
75          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
76     the year designated in the title of an update of a nationally recognized fire code, the board shall
77     prepare and submit a report to the Business and Labor Interim Committee that:
78          (i) states whether the board recommends the Legislature adopt the update with any
79     modifications; and
80          (ii) describes the costs and benefits of each recommended change in the update or in
81     any modification.
82          (b) After the Business and Labor Interim Committee receives the report described in
83     Subsection (4)(a), the Business and Labor Interim Committee shall:
84          (i) study the recommendations during the remainder of the interim; and
85          (ii) if the Business and Labor Interim Committee decides to recommend legislative
86     action to the Legislature, prepare legislation for consideration by the Legislature in the next
87     general session.
88          (5) (a) (i) The board shall, by no later than November 30 of each year in which the
89     board is not required to submit a report described in Subsection (4), recommend in a report to
90     the Business and Labor Interim Committee whether the Legislature should amend or repeal one
91     or more provisions of the State Fire Code.
92          (ii) As part of a recommendation described in Subsection (5)(a)(i), the board shall
93     describe the costs and benefits of each proposed amendment or repeal.
94          (b) The board may recommend legislative action related to the State Fire Code:
95          (i) on its own initiative; or
96          (ii) upon the receipt of a request by a city, county, or fire protection district that the
97     board recommend legislative action related to the State Fire Code.
98          (c) Within 45 days after the day on which the board receives a request under
99     Subsection (5)(b), the board shall direct the division to convene an informal hearing concerning
100     the request.
101          (d) The board shall conduct a hearing under this section in accordance with the rules of
102     the board.
103          (e) The board shall decide whether to include the request in the report described in
104     Subsection (5)(a).
105          (f) (i) Within 15 days after the day on which the board conducts a hearing, the board
106     shall direct the division to notify the entity that made the request of the board's decision
107     regarding the request.
108          (ii) The division shall provide the notice:
109          (A) in writing; and
110          (B) in a form prescribed by the board.
111          (g) If the Business and Labor Interim Committee decides to recommend legislative
112     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
113     for consideration by the Legislature in the next general session that, if passed by the
114     Legislature, would amend or repeal one or more provisions of the State Fire Code.
115          (6) (a) Notwithstanding the provisions of this section, the board may, in accordance
116     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend a State Fire Code if
117     the board determines that waiting for legislative action in the next general legislative session
118     would:
119          (i) cause an imminent peril to the public health, safety, or welfare; or
120          (ii) place a person in violation of federal or other state law.
121          (b) If the board amends a State Fire Code in accordance with this Subsection (6), the
122     board shall:
123          (i) publish the State Fire Code with the amendment; and
124          (ii) notify the Business and Labor Interim Committee of the adoption, including a copy
125     of an analysis by the board identifying specific reasons and justifications for its findings.
126          (c) If not formally adopted by the Legislature at the next annual general session, an
127     amendment to a State Fire Code adopted under this Subsection (6) is repealed on the July 1
128     immediately following the next annual general session that follows the adoption of the
129     amendment.
130          (7) (a) Except as provided in Subsection (7)(b), a legislative body of a political
131     subdivision may enact an ordinance in the political subdivision's fire code that is more
132     restrictive than the State Fire Code:
133          (i) in order to meet a public safety need of the political subdivision; and
134          (ii) subject to the requirements of Subsection (7)(c).
135          (b) Except as provided in Subsections (7)(c), (10), and (11), or as expressly provided in
136     state law, a political subdivision may not, after December 1, 2016, enact or enforce a rule or
137     ordinance that applies to a structure built in accordance with the International Residential
138     Code, as adopted in the State Construction Code, that is more restrictive than the State Fire
139     Code.
140          (c) [A] (i) Except as provided in Subsection (7)(c)(ii), a political subdivision may
141     adopt:
142          [(i)] (A) the appendices of the International Fire Code[, 2015 edition]; and
143          [(ii)] (B) a fire sprinkler ordinance in accordance with Section 15A-5-203.
144          (ii) If a political subdivision adopts International Fire Code Appendix B, the political
145     subdivision may not require:
146          (A) a subdivision of structures built in accordance with the International Residential
147     Code to have a fire flow rate that is greater than 2000 gallons per minute;
148          (B) an individual structure built in accordance with the International Residential Code
149     to have a fire flow rate greater than that required under Subsection 15A-5-203(1)(a); or
150          (C) a one- or two-family dwelling or a town home to have a fire sprinkler system,
151     except in accordance with Section 15A-5-203.
152          (d) A legislative body of a political subdivision that enacts an ordinance under
153     Subsection (7)(a) shall:
154          (i) notify the board in writing at least 30 days before the day on which the legislative
155     body enacts the ordinance and include in the notice a statement as to the proposed subject
156     matter of the ordinance; and
157          (ii) after the legislative body enacts the ordinance, report to the board before the board
158     makes the report required under Subsection (7)(e), including providing the board:
159          (A) a copy of the ordinance enacted under this Subsection (7); and
160          (B) a description of the public safety need that is the basis of enacting the ordinance.
161          (e) The board shall submit to the Business and Labor Interim Committee each year
162     with the recommendations submitted in accordance with Subsection (4):
163          (i) a list of the ordinances enacted under this Subsection (7) during the fiscal year
164     immediately preceding the report; and
165          (ii) recommendations, if any, for legislative action related to an ordinance enacted
166     under this Subsection (7).
167          (f) (i) The state fire marshal shall keep an indexed copy of an ordinance enacted under
168     this Subsection (7).
169          (ii) The state fire marshal shall make a copy of an ordinance enacted under this
170     Subsection (7) available on request.
171          (g) The board may make rules in accordance with Title 63G, Chapter 3, Utah
172     Administrative Rulemaking Act, to establish procedures for a legislative body of a political
173     subdivision to follow to provide the notice and report required under this Subsection (7).
174          (8) Except as provided in Subsections (9), (10), and (11), or as expressly provided in
175     state law, a state executive branch entity may not, after December 1, 2016, adopt or enforce a
176     rule or requirement that:
177          (a) is more restrictive than the State Fire Code; and
178          (b) applies to detached one- and two-family dwellings and townhouses not more than
179     three stories above grade plane in height with a separate means of egress and their accessory
180     structures.
181          (9) A state government entity may adopt a rule or requirement regarding a residential
182     occupancy that is regulated by:
183          (a) the State Fire Prevention Board;
184          (b) the Department of Health; or
185          (c) the Department of Human Services.
186          (10) A state executive branch entity or political subdivision of the state may:
187          (a) enforce a federal law or regulation;
188          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
189     requirement applies only to a facility or construction owned or used by a state entity or a
190     political subdivision of the state; or
191          (c) enforce a rule, ordinance, or requirement:
192          (i) that the state executive branch entity or political subdivision adopted or made
193     effective before July 1, 2015; and
194          (ii) for which the state executive branch entity or political subdivision can demonstrate,
195     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
196     individual from a condition likely to cause imminent injury or death.
197          (11) The Department of Health or the Department of Environmental Quality may
198     enforce a rule or requirement adopted before January 1, 2015.
199          Section 2. Section 15A-4-105 is amended to read:
200          15A-4-105. Amendments to IBC applicable to Park City Corporation or Park
201     City Fire District.
202          (1) The following amendment is adopted as an amendment to the IBC for the Park City
203     Corporation, in IBC, Section 3409.2, exception 3, is modified to read as follows: "3.
204     Designated as historic under a state or local historic preservation program."
205          (2) The following amendments are adopted as amendments to the IBC for the Park City
206     Corporation and Park City Fire District:
207          (a) IBC, Section (F)903.2, is deleted and replaced with the following: "(F)903.2 Where
208     required. Approved automatic sprinkler systems in new buildings and structures shall be
209     provided in the location described in this section.
210     1. All new construction having more than 6,000 square feet on any one floor, except R-3
211     occupancy.
212     2. All new construction having more than two (2) stories, except R-3 occupancy.
213     [All new construction having three (3) or more dwelling units, including units rented or leased,
214     and including condominiums or other separate ownership.]
215     3. All new construction in the Historic Commercial Business zone district, regardless of
216     occupancy.
217     4. All new construction and buildings in the General Commercial zone district where there are
218     side yard setbacks or where one or more side yard setbacks is less than two and one half (2.5)
219     feet per story of height.
220     5. All existing building within the Historic District Commercial Business zone."; and
221          (b) In IBC, Table 1505.1, new footnotes d and e are added as follows: "d. Wood roof
222     covering assemblies are prohibited in R-3 occupancies in areas with a combined rating of more
223     than 11 using Tables 1505.1.1 and 1505.1.2 with a score of 9 for weather factors.
224     e. Wood roof covering assemblies shall have a Class A rating in occupancies other than R-3 in
225     areas with a combined rating of more than 11 using Tables 1505.1.1 and 1505.1.2 with a score
226     of 9 for weather factors. The owner of the building shall enter into a written and recorded
227     agreement that the Class A rating of the roof covering assembly will not be altered through any
228     type of maintenance process.
229     
TABLE 1505.1.1
230     
WILDFIRE HAZARD SEVERITY SCALE
231      RATINGSLOPEVEGETATION
232      1less than or equal to 10%Pinion-juniper
233      210.1 - 20%Grass-sagebrush
234      3greater than 20%Mountain brush or softwoods
235     
TABLE 1505.1.2
236     
PROHIBITION/ALLOWANCE OF WOOD ROOFING
237      RatingR-3 OccupancyAll Other Occupancies
238      Less than or equal to 11Wood roof covering
assemblies per Table 1505.1
are allowed		Wood roof covering
assemblies per Table 1505.1
are allowed
239      Greater than or equal to 12Wood roof covering is
prohibited		Wood roof covering
assemblies with a Class A
rating are allowed"
240          [(c) IBC, Appendix C, is adopted.]
241          Section 3. Section 15A-4-107 is amended to read:
242          15A-4-107. Amendments to IBC applicable to Sandy City.
243          The following amendments are adopted as amendments to the IBC for Sandy City:
244          (1) A new IBC, Section (F)903.2.13, is added as follows: "(F)903.2.13 An automatic
245     sprinkler system shall be installed in accordance with NFPA 13 throughout buildings
246     containing all occupancies where fire flow exceeds 2,000 gallons per minute, based on Table
247     B105.1 of the 2015 International Fire Code. [Exempt locations as indicated in Section
248     903.3.1.1.1 are allowed] A one- or two-family dwelling or a town home is not required to have
249     a fire sprinkler system except in accordance with Section 15A-5-203."
250     [Exception: Automatic fire sprinklers are not required in buildings used solely for worship,
251     Group R Division 3, Group U occupancies and buildings complying with the International
252     Residential Code unless otherwise required by the International Fire Code.]
253          (2) A new IBC, Appendix L, is added and adopted as follows: "Appendix L
254     BUILDINGS AND STRUCTURES CONSTRUCTED IN AREAS DESIGNATED AS
255     WILDLAND-URBAN INTERFACE AREAS
256     AL 101.1 General. Buildings and structures constructed in areas designated as Wildland-Urban
257     Interface Areas by Sandy City shall be constructed using ignition resistant construction as
258     determined by the Fire Marshal. Section 502 of the 2006 International Wildland-Urban
259     Interface Code (IWUIC), as promulgated by the International Code Council, shall be used to
260     determine Fire Hazard Severity. The provisions listed in Chapter 5 of the 2006 International
261     Wildland-Urban Interface Code, as modified herein, shall be used to determine the
262     requirements for Ignition Resistant Construction."
263     [(i)] (3) In Section 504 of the IWUIC Class I IGNITION-RESISTANT CONSTRUCTION a
264     new Section 504.1.1 is added as follows: "504.1.1 General. Subsections 504.5, 504.6, and
265     504.7 shall only be required on the exposure side of the structure, as determined by the [Fire
266     Marshal] fire code official, where defensible space is less than 50 feet as defined in Section 603
267     of the 2006 International Wildland-Urban Interface Code."
268     [(ii)] (4) In Section 505 of the IWUIC Class 2 IGNITION-RESISTANT CONSTRUCTION
269     Subsections 505.5 and 505.7 are deleted.["]
270          Section 4. Section 15A-4-201 is amended to read:
271          15A-4-201. General provision.
272          [(1)] The amendments in this part are adopted as amendments to the IRC to be
273     applicable to specified jurisdiction.
274          [(2) A local amendment to the following which may be applied to detached one and
275     two family dwellings and multiple single family dwellings shall be applicable to the
276     corresponding provisions of the IRC for the local jurisdiction to which the local amendment
277     has been made:]
278          [(a) IBC under Part 1, Local Amendments to International Building Code;]
279          [(b) IPC under Part 3, Local Amendments to International Plumbing Code;]
280          [(c) IMC under Part 4, Local Amendments to International Mechanical Code;]
281          [(d) IFGC under Part 5, Local Amendments to International Fuel Gas Code;]
282          [(e) NEC under Part 6, Local Amendments to National Electrical Code; and]
283          [(f) IECC under Part 7, Local Amendments to International Energy Conservation
284     Code.]
285          Section 5. Section 15A-4-206 is amended to read:
286          15A-4-206. Amendments to IRC applicable to Park City Corporation or Park
287     City Fire District.
288          [(1) The following amendment is adopted as an amendment to the IRC for the Park
289     City Corporation, Appendix P, of the 2006 IRC is adopted.]
290          [(2)] The following amendments are adopted as amendments to the IRC for Park City
291     Corporation and Park City Fire District:
292          [(a)] (1) IRC, Section R905.7, is deleted and replaced with the following: "R905.7
293     Wood shingles. The installation of wood shingles shall comply with the provisions of this
294     section.
295     Wood roof covering is prohibited in areas with a combined rating of more than 11 using the
296     following tables with a score of 9 for weather factors.
297     
TABLE
298     
WILDFIRE HAZARD SEVERITY SCALE
299      RATINGSLOPEVEGETATION
300      1less than or equal to 10%Pinion-juniper
301      210.1 - 20%Grass-sagebrush
302      3greater than 20%Mountain brush or softwoods
303     
PROHIBITION/EXEMPTION TABLE
304      RATINGWOOD ROOF PROHIBITION
305      less than or equal to 11wood roofs are allowed
306      greater than or equal to 12wood roofs are prohibited"
307          [(b)] (2) IRC, Section R905.8, is deleted and replaced with the following: "R905.8
308     Wood Shakes. The installation of wood shakes shall comply with the provisions of this
309     section. Wood roof covering is prohibited in areas with a combined rating of more than 11
310     using the following tables with a score of 9 for weather factors.
311     
TABLE
312     
WILDFIRE HAZARD SEVERITY SCALE
313      RATINGSLOPEVEGETATION
314      1less than or equal to 10%Pinion-juniper
315      210.1 - 20%Grass-sagebrush
316      3greater than 20%Mountain brush or softwoods
317     
PROHIBITION/EXEMPTION TABLE
318      RATINGWOOD ROOF PROHIBITION
319      less than or equal to 11wood roofs are allowed
320      greater than or equal to 12wood roofs are prohibited"
321          [(c)] (3) Appendix K is adopted.
322          Section 6. Repealer.
323          This bill repeals:
324          Section 15A-4-102, Amendments to IBC applicable to Brian Head Town.
325          Section 15A-4-103, Amendments to IBC applicable to City of Farmington.
326          Section 15A-4-104, Amendments to IBC applicable to City of North Salt Lake.
327          Section 15A-4-202, Amendments to IRC applicable to Brian Head Town.
328          Section 15A-4-203, Amendments to IRC applicable to City of Farmington.
329          Section 15A-4-204, Amendments to IRC applicable to Morgan City Corporation or
330     Morgan County.
331          Section 15A-4-205, Amendments to IRC applicable to City of North Salt Lake.
332          Section 15A-5-401, Grandfathering of local ordinances related to automatic
333     sprinkler systems.