1     
LOCAL GOVERNMENT PLAN REVIEW AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill addresses review of construction plans by local governments.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes a time period within which a county, city, or town shall review certain
13     construction plans;
14          ▸     provides that if the county, city, or town does not act within the time period, under
15     certain circumstances the authority to review does not apply;
16          ▸     provides repeal dates; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          10-5-132, as enacted by Laws of Utah 2014, Chapter 197
25          10-6-160, as enacted by Laws of Utah 2014, Chapter 197
26          17-36-55, as enacted by Laws of Utah 2014, Chapter 197
27          63I-1-210, as last amended by Laws of Utah 2016, Chapter 131
28     ENACTS:
29          63I-1-217, Utah Code Annotated 1953

30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-5-132 is amended to read:
33          10-5-132. Fees collected for construction approval -- Approval of plans.
34          (1) As used in this section[,]:
35          (a) ["construction] "Construction project" [is as] means the same as that term is defined
36     in Section 38-1a-102.
37          (b) (i) "Initial plan review" means all of the reviews and approvals of a plan that are
38     required by a town to obtain a building permit from the town.
39          (ii) "Initial plan review" does not mean a review of a document:
40          (A) required to be re-submitted for additional modifications or changes identified by
41     the plan review;
42          (B) submitted as part of a deferred submittal when requested by the building official; or
43          (C) that, due to the document's technical nature or on the request of the applicant, is
44     reviewed by a third party.
45          (c) "Lodging establishment" means a place providing temporary sleeping
46     accommodations to the public, including any of the following:
47          (i) a bed and breakfast establishment;
48          (ii) a boarding house;
49          (iii) a hotel;
50          (iv) an inn;
51          (v) a lodging house;
52          (vi) a motel;
53          (vii) a resort; or
54          (viii) a rooming house.
55          (2) (a) If a town collects a fee for the inspection of a construction project, the town
56     shall ensure that the construction project receives a prompt inspection.
57          [(3)] (b) If a town cannot provide a building inspection within a reasonable time, the

58     town shall promptly engage an independent inspector with fees collected from the applicant.
59          (3) (a) A town shall complete an initial plan review of a construction project for a one
60     to two family dwelling or townhome by no later than 14 business days after the day on which
61     the plan is submitted to the town.
62          (b) A town shall complete an initial plan review of a construction project for a
63     residential structure built under the International Building Code, not including a lodging
64     establishment, by no later than 21 business days after the day on which the plan is submitted to
65     the town.
66          (c) A town may not enforce a requirement to have an initial plan reviewed by the town
67     if:
68          (i) the town does not complete the initial plan review within the time period described
69     in Subsection (3)(a) or (b); and
70          (ii) the plan is stamped by a licensed architect or structural engineer.
71          Section 2. Section 10-6-160 is amended to read:
72          10-6-160. Fees collected for construction approval -- Approval of plans.
73          (1) As used in this section[,]:
74          (a) ["construction] "Construction project" [is as] means the same as that term is defined
75     in Section 38-1a-102.
76          (b) (i) "Initial plan review" means all of the reviews and approvals of a plan that are
77     required by a city to obtain a building permit from the city.
78          (ii) "Initial plan review" does not mean a review of a document:
79          (A) required to be re-submitted for additional modifications or changes identified by
80     the plan review;
81          (B) submitted as part of a deferred submittal when requested by the building official; or
82          (C) that, due to the document's technical nature or on the request of the applicant, is
83     reviewed by a third party.
84          (c) "Lodging establishment" means a place providing temporary sleeping
85     accommodations to the public, including any of the following:

86          (i) a bed and breakfast establishment;
87          (ii) a boarding house;
88          (iii) a hotel;
89          (iv) an inn;
90          (v) a lodging house;
91          (vi) a motel;
92          (vii) a resort; or
93          (viii) a rooming house.
94          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
95     ensure that the construction project receives a prompt inspection.
96          [(3)] (b) If a city cannot provide a building inspection within three business days, the
97     city shall promptly engage an independent inspector with fees collected from the applicant.
98          (3) (a) A city shall complete an initial plan review of a construction project for a one to
99     two family dwelling or townhome by no later than 14 business days after the day on which the
100     plan is submitted to the city.
101          (b) A city shall complete an initial plan review of a construction project for a
102     residential structure built under the International Building Code, not including a lodging
103     establishment, by no later than 21 business days after the day on which the plan is submitted to
104     the city.
105          (c) A city may not enforce a requirement to have an initial plan reviewed by the city if:
106          (i) the city does not complete the initial plan review within the time period described in
107     Subsection (3)(a) or (b); and
108          (ii) the plan is stamped by a licensed architect or structural engineer.
109          Section 3. Section 17-36-55 is amended to read:
110          17-36-55. Fees collected for construction approval -- Approval of plans.
111          (1) As used in this section[,]:
112          (a) ["construction] "Construction project" [is as] means the same as that term is defined
113     in Section 38-1a-102.

114          (b) (i) "Initial plan review" means all of the reviews and approvals of a plan that are
115     required by a county to obtain a building permit from the county.
116          (ii) "Initial plan review" does not mean a review of a document:
117          (A) required to be re-submitted for additional modifications or changes identified by
118     the plan review;
119          (B) submitted as part of a deferred submittal when requested by the building official; or
120          (C) that, due to the document's technical nature or on the request of the applicant, is
121     reviewed by a third party.
122          (c) "Lodging establishment" means a place providing temporary sleeping
123     accommodations to the public, including any of the following:
124          (i) a bed and breakfast establishment;
125          (ii) a boarding house;
126          (iii) a hotel;
127          (iv) an inn;
128          (v) a lodging house;
129          (vi) a motel;
130          (vii) a resort; or
131          (viii) a rooming house.
132          (2) (a) If a county collects a fee for the inspection of a construction project, the county
133     shall ensure that the construction project receives a prompt inspection.
134          [(3)] (b) If a county cannot provide a building inspection within three business days,
135     the county shall promptly engage an independent inspector with fees collected from the
136     applicant.
137          (3) (a) A county shall complete an initial plan review of a construction project for a one
138     to two family dwelling or townhome by no later than 14 business days after the day on which
139     the plan is submitted to the county.
140          (b) A county shall complete an initial plan review of a construction project for a
141     residential structure built under the International Building Code, not including a lodging

142     establishment, by no later than 21 business days after the day on which the plan is submitted to
143     the county.
144          (c) A county may not enforce a requirement to have an initial plan reviewed by the
145     county if:
146          (i) the county does not complete the initial plan review within the time period
147     described in Subsection (3)(a) or (b); and
148          (ii) the plan is stamped by a licensed architect or structural engineer.
149          Section 4. Section 63I-1-210 is amended to read:
150          63I-1-210. Repeal dates, Title 10.
151           (1) (a) Subsections 10-5-132(1)(b), (1)(c), and (3) are repealed July 1, 2018.
152          (b) When repealing the subsections listed in Subsection (1)(a), the Office of Legislative
153     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
154     make other modifications necessary to ensure that the remaining subsections are complete
155     sentences, grammatically correct, and have correct numbering and cross references to
156     accurately reflect the office's perception of the Legislature's intent.
157          (2) (a) Subsections 10-6-160(1)(b), (1)(c), and (3) are repealed July 1, 2018.
158          (b) When repealing the subsections listed in Subsection (2)(a), the Office of Legislative
159     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
160     make other modifications necessary to ensure that the remaining subsections are complete
161     sentences, grammatically correct, and have correct numbering and cross references to
162     accurately reflect the office's perception of the Legislature's intent.
163          (3) Section 10-9a-526 is repealed December 31, 2020.
164          Section 5. Section 63I-1-217 is enacted to read:
165          63I-1-217. Repeal dates, Title 17.
166          (1) Subsections 17-36-55(1)(b), (1)(c), and (3) are repealed July 1, 2018.
167          (2) When repealing the subsections listed in Subsection (1), the Office of Legislative
168     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
169     make other modifications necessary to ensure that the remaining subsections are complete

170     sentences, grammatically correct, and have correct numbering and cross references to
171     accurately reflect the office's perception of the Legislature's intent.