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