This document includes House Floor Amendments incorporated into the bill on Fri, Feb 23, 2018 at 4:15 PM by bbryner.
Representative Mike Schultz proposes the following substitute bill:


1     
LOCAL GOVERNMENT PLAN REVIEW AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the review of construction project plans by local governments.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     removes repeal dates related to construction project plan reviews;
14          ▸     clarifies the scope of a plan review;
15          ▸     allows an applicant to waive a plan review time requirement;
16          ▸     under certain circumstances, prohibits a local government from requiring an
17     applicant to redraft a plan; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-5-132, as last amended by Laws of Utah 2017, Chapter 313
26          10-6-160, as last amended by Laws of Utah 2017, Chapter 313
27          17-36-55, as last amended by Laws of Utah 2017, Chapter 313
28          63I-1-210, as last amended by Laws of Utah 2017, Chapter 313
29          63I-1-217, as enacted by Laws of Utah 2017, Chapter 313
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 project" means the same as that term is defined in Section 38-1a-102.
36          (b) "Lodging establishment" means a place providing temporary sleeping
37     accommodations to the public, including any of the following:
38          (i) a bed and breakfast establishment;
39          (ii) a boarding house;
40          (iii) a dormitory;
41          (iv) a hotel;
42          (v) an inn;
43          (vi) a lodging house;
44          (vii) a motel;
45          (viii) a resort; or
46          (ix) a rooming house.
47          (c) "Planning review" means a review to verify that a town has approved the following
48     elements of a construction project:
49          (i) zoning;
50          (ii) lot sizes;
51          (iii) setbacks;
52          (iv) easements;
53          (v) curb and gutter elevations;
54          (vi) grades and slopes;
55          (vii) utilities;
56          (viii) street names;
57          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
58     Interface Code adopted under Section 15A-2-103; and
59          (x) subdivision.
60          [(b)] (d) (i) "[Initial plan] Plan review" means all of the reviews and approvals of a
61     plan that [are required by] a town requires to obtain a building permit from the town[.] with a
62     scope that may not exceed a review to verify:
63          (A) that the construction project complies with the provisions of the State Construction
64     Code under Title 15A, State Construction and Fire Codes Act;
65          (B) that the construction project complies with the energy code adopted under Section
66     15A-2-103;
67          (C) that the construction project received a planning review;
68          (D) that the applicant paid any required fees;
69          (E) that the applicant obtained final approvals from any other required reviewing
70     agencies;
71          (F) that the construction project complies with federal, state, and local storm water
72     protection laws;
73          (G) that the construction project received a structural review; Ĥ→ [and] ←Ĥ
74          (H) the total square footage for each building level of finished, garage, and unfinished
75     space Ĥ→ [.] ; and
75a          (I) that the plans include a printed statement indicating that the actual construction
75b     will comply with applicable local ordinances and the state construction codes. ←Ĥ
76          [(ii) "Initial plan] (ii) "Plan review" does not mean a review of a document:
77          (A) required to be re-submitted for additional modifications or substantive changes
78     identified by the plan review;
79          (B) submitted as part of a deferred submittal when requested by the applicant and
80     approved by the building official; or
81          (C) that, due to the document's technical nature or on the request of the applicant, is
82     reviewed by a third party.
83          [(c) "Lodging establishment" means a place providing temporary sleeping
84     accommodations to the public, including any of the following:]
85          [(i) a bed and breakfast establishment;]
86          [(ii) a boarding house;]
87          [(iii) a hotel;]
88          [(iv) an inn;]
89          [(v) a lodging house;]
90          [(vi) a motel;]
91          [(vii) a resort; or]
92          [(viii) a rooming house.]
93          (e) "Structural review" means:
94          (i) a review that verifies that a construction project complies with the following:
95          (A) footing size and bar placement;
96          (B) foundation thickness and bar placement;
97          (C) beam and header sizes;
98          (D) nailing patterns;
99          (E) bearing points;
100          (F) structural member size and span; and
101          (G) sheathing; or
102          (ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
103     review that a licensed engineer conducts.
104          (f) "Technical nature" means a characteristic that places an item outside the training
105     and expertise of an individual who regularly performs plan reviews.
106          (2) (a) If a town collects a fee for the inspection of a construction project, the town
107     shall ensure that the construction project receives a prompt inspection.
108          (b) If a town cannot provide a building inspection within a reasonable time, the town
109     shall promptly engage an independent inspector with fees collected from the applicant.
110          (3) (a) A town shall complete [an initial] a plan review of a construction project for a
111     one to two family dwelling or townhome by no later than 14 business days after the day on
112     which the plan is submitted to the town.
113          (b) A town shall complete [an initial] a plan review of a construction project for a
114     residential structure built under the International Building Code, not including a lodging
115     establishment, by no later than 21 business days after the day on which the plan is submitted to
116     the town.
117          (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
118     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
119     town complete the plan review.
120          (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
121     the plan review no later than:
122          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
123     applicant makes the request; or
124          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
125     applicant makes the request.
126          (d) An applicant may:
127          (i) waive the plan review time requirements described in this Subsection (3); or
128          (ii) with the town's consent, establish an alternative plan review time requirement.
129          [(c)] (4) (a) A town may not enforce a requirement to have [an initial plan reviewed by
130     the town] a plan review if:
131          (i) the town does not complete the [initial] plan review within the time period
132     described in Subsection (3)(a) or (b); and
133          (ii) [the plan is stamped by] a licensed architect or structural engineer[.], or both when
134     required by law, stamps the plan.
135          (b) A town may attach to a reviewed plan a list that includes:
136          (i) items with which the town is concerned and may enforce during construction; and
137          (ii) building code violations found in the plan.
138          (c) A town may not require an applicant to redraft a plan if the town requests minor
139     changes to the plan that the list described in Subsection (4)(b) identifies.
140          Ĥ→ [(5) An applicant shall ensure that each construction project plan submitted for a plan
141     review under this section has a statement indicating that actual construction will comply with
142     applicable local ordinances and building codes.] ←Ĥ
143          Section 2. Section 10-6-160 is amended to read:
144          10-6-160. Fees collected for construction approval -- Approval of plans.
145          (1) As used in this section:
146          (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
147          (b) "Lodging establishment" means a place providing temporary sleeping
148     accommodations to the public, including any of the following:
149          (i) a bed and breakfast establishment;
150          (ii) a boarding house;
151          (iii) a dormitory;
152          (iv) a hotel;
153          (v) an inn;
154          (vi) a lodging house;
155          (vii) a motel;
156          (viii) a resort; or
157          (ix) a rooming house.
158          (c) "Planning review" means a review to verify that a city has approved the following
159     elements of a construction project:
160          (i) zoning;
161          (ii) lot sizes;
162          (iii) setbacks;
163          (iv) easements;
164          (v) curb and gutter elevations;
165          (vi) grades and slopes;
166          (vii) utilities;
167          (viii) street names;
168          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
169     Interface Code adopted under Section 15A-2-103; and
170          (x) subdivision.
171          [(b)] (d) (i) "[Initial plan] Plan review" means all of the reviews and approvals of a
172     plan that [are required by] a city requires to obtain a building permit from the city[.] with a
173     scope that may not exceed a review to verify:
174          (A) that the construction project complies with the provisions of the State Construction
175     Code under Title 15A, State Construction and Fire Codes Act;
176          (B) that the construction project complies with the energy code adopted under Section
177     15A-2-103;
178          (C) that the construction project received a planning review;
179          (D) that the applicant paid any required fees;
180          (E) that the applicant obtained final approvals from any other required reviewing
181     agencies;
182          (F) that the construction project complies with federal, state, and local storm water
183     protection laws;
184          (G) that the construction project received a structural review; and
185          (H) the total square footage for each building level of finished, garage, and unfinished
186     space.
187          [(ii) "Initial plan] (ii) "Plan review" does not mean a review of a document:
188          (A) required to be re-submitted for additional modifications or substantive changes
189     identified by the plan review;
190          (B) submitted as part of a deferred submittal when requested by the applicant and
191     approved by the building official; or
192          (C) that, due to the document's technical nature or on the request of the applicant, is
193     reviewed by a third party.
194          [(c) "Lodging establishment" means a place providing temporary sleeping
195     accommodations to the public, including any of the following:]
196          [(i) a bed and breakfast establishment;]
197          [(ii) a boarding house;]
198          [(iii) a hotel;]
199          [(iv) an inn;]
200          [(v) a lodging house;]
201          [(vi) a motel;]
202          [(vii) a resort; or]
203          [(viii) a rooming house.]
204          (e) "Structural review" means:
205          (i) a review that verifies that a construction project complies with the following:
206          (A) footing size and bar placement;
207          (B) foundation thickness and bar placement;
208          (C) beam and header sizes;
209          (D) nailing patterns;
210          (E) bearing points;
211          (F) structural member size and span; and
212          (G) sheathing; or
213          (ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
214     review that a licensed engineer conducts.
215          (f) "Technical nature" means a characteristic that places an item outside the training
216     and expertise of an individual who regularly performs plan reviews.
217          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
218     ensure that the construction project receives a prompt inspection.
219          (b) If a city cannot provide a building inspection within three business days, the city
220     shall promptly engage an independent inspector with fees collected from the applicant.
221          (3) (a) A city shall complete [an initial] a plan review of a construction project for a
222     one to two family dwelling or townhome by no later than 14 business days after the day on
223     which the plan is submitted to the city.
224          (b) A city shall complete [an initial] a plan review of a construction project for a
225     residential structure built under the International Building Code, not including a lodging
226     establishment, by no later than 21 business days after the day on which the plan is submitted to
227     the city.
228          (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
229     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
230     city complete the plan review.
231          (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
232     plan review no later than:
233          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
234     applicant makes the request; or
235          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
236     applicant makes the request.
237          (d) An applicant may:
238          (i) waive the plan review time requirements described in this Subsection (3); or
239          (ii) with the city's consent, establish an alternative plan review time requirement.
240          [(c)] (4) (a) A city may not enforce a requirement to have [an initial plan reviewed by
241     the city] a plan review if:
242          (i) the city does not complete the [initial] plan review within the time period described
243     in Subsection (3)(a) or (b); and
244          (ii) [the plan is stamped by] a licensed architect or structural engineer[.], or both when
245     required by law, stamps the plan.
246          (b) A city may attach to a reviewed plan a list that includes:
247          (i) items with which the city is concerned and may enforce during construction; and
248          (ii) building code violations found in the plan.
249          (c) A city may not require an applicant to redraft a plan if the city requests minor
250     changes to the plan that the list described in Subsection (4)(b) identifies.
251          (5) An applicant shall ensure that each construction project plan submitted for a plan
252     review under this section has a statement indicating that actual construction will comply with
253     applicable local ordinances and building codes.
254          Section 3. Section 17-36-55 is amended to read:
255          17-36-55. Fees collected for construction approval -- Approval of plans.
256          (1) As used in this section:
257          (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
258          (b) "Lodging establishment" means a place providing temporary sleeping
259     accommodations to the public, including any of the following:
260          (i) a bed and breakfast establishment;
261          (ii) a boarding house;
262          (iii) dormitory;
263          (iv) a hotel;
264          (v) an inn;
265          (vi) a lodging house;
266          (vii) a motel;
267          (viii) a resort; or
268          (ix) a rooming house.
269          (c) "Planning review" means a review to verify that a county has approved the
270     following elements of a construction project:
271          (i) zoning;
272          (ii) lot sizes;
273          (iii) setbacks;
274          (iv) easements;
275          (v) curb and gutter elevations;
276          (vi) grades and slopes;
277          (vii) utilities;
278          (viii) street names;
279          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
280     Interface Code adopted under Section 15A-2-103; and
281          (x) subdivision.
282          [(b)] (d) (i) "[Initial plan] Plan review" means all of the reviews and approvals of a
283     plan that [are required by] a county requires to obtain a building permit from the county[.] with
284     a scope that may not exceed a review to verify:
285          (A) that the construction project complies with the provisions of the State Construction
286     Code under Title 15A, State Construction and Fire Codes Act;
287          (B) that the construction project complies with the energy code adopted under Section
288     15A-2-103;
289          (C) that the construction project received a planning review;
290          (D) that the applicant paid any required fees;
291          (E) that the applicant obtained final approvals from any other required reviewing
292     agencies;
293          (F) that the construction project complies with federal, state, and local storm water
294     protection laws;
295          (G) that the construction project received a structural review; and
296          (H) the total square footage for each building level of finished, garage, and unfinished
297     space.
298          [(ii)] (ii) "[Initial plan] Plan review" does not mean a review of a document:
299          (A) required to be re-submitted for additional modifications or substantive changes
300     identified by the plan review;
301          (B) submitted as part of a deferred submittal when requested by the applicant and
302     approved by the building official; or
303          (C) that, due to the document's technical nature or on the request of the applicant, is
304     reviewed by a third party.
305          [(c) "Lodging establishment" means a place providing temporary sleeping
306     accommodations to the public, including any of the following:]
307          [(i) a bed and breakfast establishment;]
308          [(ii) a boarding house;]
309          [(iii) a hotel;]
310          [(iv) an inn;]
311          [(v) a lodging house;]
312          [(vi) a motel;]
313          [(vii) a resort; or]
314          [(viii) a rooming house.]
315          (e) "Structural review" means:
316          (i) a review that verifies that a construction project complies with the following:
317          (A) footing size and bar placement;
318          (B) foundation thickness and bar placement;
319          (C) beam and header sizes;
320          (D) nailing patterns;
321          (E) bearing points;
322          (F) structural member size and span; and
323          (G) sheathing; or
324          (ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
325     review that a licensed engineer conducts.
326          (f) "Technical nature" means a characteristic that places an item outside the training
327     and expertise of an individual who regularly performs plan reviews.
328          (2) (a) If a county collects a fee for the inspection of a construction project, the county
329     shall ensure that the construction project receives a prompt inspection.
330          (b) If a county cannot provide a building inspection within three business days, the
331     county shall promptly engage an independent inspector with fees collected from the applicant.
332          (3) (a) A county shall complete [an initial] a plan review of a construction project for a
333     one to two family dwelling or townhome by no later than 14 business days after the day on
334     which the plan is submitted to the county.
335          (b) A county shall complete [an initial] a plan review of a construction project for a
336     residential structure built under the International Building Code, not including a lodging
337     establishment, by no later than 21 business days after the day on which the plan is submitted to
338     the county.
339          (c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
340     before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
341     that the county complete the plan review.
342          (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
343     the plan review no later than:
344          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
345     applicant makes the request; or
346          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
347     applicant makes the request.
348          (d) An applicant may:
349          (i) waive the plan review time requirements described in this Subsection (3); or
350          (ii) with the county's consent, establish an alternative plan review time requirement.
351          [(c)] (4) (a) A county may not enforce a requirement to have [an initial plan reviewed
352     by the county] a plan review if:
353          (i) the county does not complete the [initial] plan review within the time period
354     described in Subsection (3)(a) or (b); and
355          (ii) [the plan is stamped by] a licensed architect or structural engineer[.], or both when
356     required by law, stamps the plan.
357          (b) A county may attach to a reviewed plan a list that includes:
358          (i) items with which the county is concerned and may enforce during construction; and
359          (ii) building code violations found in the plan.
360          (c) A county may not require an applicant to redraft a plan if the county requests minor
361     changes to the plan that the list described in Subsection (4)(b) identifies.
362          (5) An applicant shall ensure that each construction project plan submitted for a plan
363     review under this section has a statement indicating that actual construction will comply with
364     applicable local ordinances and building codes.
365          Section 4. Section 63I-1-210 is amended to read:
366          63I-1-210. Repeal dates, Title 10.
367           [(1) (a) Subsections 10-5-132(1)(b), (1)(c), and (3) are repealed July 1, 2018.]
368          [(b) When repealing the subsections listed in Subsection (1)(a), the Office of
369     Legislative Research and General Counsel shall, in addition to its authority under Subsection
370     36-12-12(3), make other modifications necessary to ensure that the remaining subsections are
371     complete sentences, grammatically correct, and have correct numbering and cross references to
372     accurately reflect the office's perception of the Legislature's intent.]
373          [(2) (a) Subsections 10-6-160(1)(b), (1)(c), and (3) are repealed July 1, 2018.]
374          [(b) When repealing the subsections listed in Subsection (2)(a), the Office of
375     Legislative Research and General Counsel shall, in addition to its authority under Subsection
376     36-12-12(3), make other modifications necessary to ensure that the remaining subsections are
377     complete sentences, grammatically correct, and have correct numbering and cross references to
378     accurately reflect the office's perception of the Legislature's intent.]
379          [(3)] Section 10-9a-526 is repealed December 31, 2020.
380          Section 5. Section 63I-1-217 is amended to read:
381          63I-1-217. Repeal dates, Title 17.
382          [(1) Subsections 17-36-55(1)(b), (1)(c), and (3) are repealed July 1, 2018.]
383          [(2) When repealing the subsections listed in Subsection (1), the Office of Legislative
384     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
385     make other modifications necessary to ensure that the remaining subsections are complete
386     sentences, grammatically correct, and have correct numbering and cross references to
387     accurately reflect the office's perception of the Legislature's intent.]