Senator Daniel Hemmert proposes the following substitute bill:


1     
YURT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: Daniel Hemmert

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the regulation of yurts.
10     Highlighted Provisions:
11          This bill:
12          ▸     exempts remote yurts from the State Construction Code;
13          ▸     exempts remote yurts from the State Fire Code with certain requirements;
14          ▸     exempts remote yurts from water quality provisions with certain requirements;
15          ▸     permits counties by ordinance to make remote yurts subject to certain regulations;
16     and
17          ▸     makes technical amendments.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          15A-1-204, as last amended by Laws of Utah 2017, Chapter 18
25     ENACTS:

26          15A-5-104, Utah Code Annotated 1953
27          19-5-125, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 15A-1-204 is amended to read:
31          15A-1-204. Adoption of State Construction Code -- Amendments by commission
32     -- Approved codes -- Exemptions.
33          (1) (a) The State Construction Code is the construction codes adopted with any
34     modifications in accordance with this section that the state and each political subdivision of the
35     state shall follow.
36          (b) A person shall comply with the applicable provisions of the State Construction
37     Code when:
38          (i) new construction is involved; and
39          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
40          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
41     conservation, or reconstruction of the building; or
42          (B) changing the character or use of the building in a manner that increases the
43     occupancy loads, other demands, or safety risks of the building.
44          (c) On and after July 1, 2010, the State Construction Code is the State Construction
45     Code in effect on July 1, 2010, until in accordance with this section:
46          (i) a new State Construction Code is adopted; or
47          (ii) one or more provisions of the State Construction Code are amended or repealed in
48     accordance with this section.
49          (d) A provision of the State Construction Code may be applicable:
50          (i) to the entire state; or
51          (ii) within a county, city, or town.
52          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
53     that adopts a nationally recognized construction code with any modifications.
54          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
55     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
56     legislation.

57          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
58     the State Construction Code until, in accordance with this section, the Legislature adopts a new
59     State Construction Code by:
60          (i) adopting a new State Construction Code in its entirety; or
61          (ii) amending or repealing one or more provisions of the State Construction Code.
62          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
63     recognized construction code, the commission shall prepare a report described in Subsection
64     (4).
65          (b) For the provisions of a nationally recognized construction code that apply only to
66     detached one- and two-family dwellings and townhouses not more than three stories above
67     grade plane in height with separate means of egress and their accessory structures, the
68     commission shall:
69          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
70     second update of the nationally recognized construction code; and
71          (ii) not prepare a report described in Subsection (4) in 2018.
72          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
73     the year designated in the title of a nationally recognized construction code, the commission
74     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
75     and Labor Interim Committee that:
76          (i) states whether the commission recommends the Legislature adopt the update with
77     any modifications; and
78          (ii) describes the costs and benefits of each recommended change in the update or in
79     any modification.
80          (b) After the Business and Labor Interim Committee receives the report described in
81     Subsection (4)(a), the Business and Labor Interim Committee shall:
82          (i) study the recommendations; and
83          (ii) if the Business and Labor Interim Committee decides to recommend legislative
84     action to the Legislature, prepare legislation for consideration by the Legislature in the next
85     general session.
86          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
87     the commission is not required to submit a report described in Subsection (4), submit, in

88     accordance with Section 68-3-14, a written report to the Business and Labor Interim
89     Committee recommending whether the Legislature should amend or repeal one or more
90     provisions of the State Construction Code.
91          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
92     shall describe the costs and benefits of each proposed amendment or repeal.
93          (b) The commission may recommend legislative action related to the State
94     Construction Code:
95          (i) on its own initiative;
96          (ii) upon the recommendation of the division; or
97          (iii) upon the receipt of a request by one of the following that the commission
98     recommend legislative action related to the State Construction Code:
99          (A) a local regulator;
100          (B) a state regulator;
101          (C) a state agency involved with the construction and design of a building;
102          (D) the Construction Services Commission;
103          (E) the Electrician Licensing Board;
104          (F) the Plumbers Licensing Board; or
105          (G) a recognized construction-related association.
106          (c) If the Business and Labor Interim Committee decides to recommend legislative
107     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
108     for consideration by the Legislature in the next general session.
109          (6) (a) Notwithstanding the provisions of this section, the commission may, in
110     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
111     Construction Code if the commission determines that waiting for legislative action in the next
112     general legislative session would:
113          (i) cause an imminent peril to the public health, safety, or welfare; or
114          (ii) place a person in violation of federal or other state law.
115          (b) If the commission amends the State Construction Code in accordance with this
116     Subsection (6), the commission shall file with the division:
117          (i) the text of the amendment to the State Construction Code; and
118          (ii) an analysis that includes the specific reasons and justifications for the commission's

119     findings.
120          (c) If the State Construction Code is amended under this Subsection (6), the division
121     shall:
122          (i) publish the amendment to the State Construction Code in accordance with Section
123     15A-1-205; and
124          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
125     Business and Labor Interim Committee containing the amendment to the State Construction
126     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
127          (d) If not formally adopted by the Legislature at the next annual general session, an
128     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
129     immediately following the next annual general session that follows the adoption of the
130     amendment.
131          (7) (a) The division, in consultation with the commission, may approve, without
132     adopting, one or more approved codes, including a specific edition of a construction code, for
133     use by a compliance agency.
134          (b) If the code adopted by a compliance agency is an approved code described in
135     Subsection (7)(a), the compliance agency may:
136          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
137          (ii) adopt, by ordinance or rule, a dangerous building code; or
138          (iii) adopt, by ordinance or rule, a building rehabilitation code.
139          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
140     state law, a state executive branch entity or political subdivision of the state may not, after
141     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
142     specifically addressed by, and that is more restrictive than, the State Construction Code.
143          (9) A state executive branch entity or political subdivision of the state may:
144          (a) enforce a federal law or regulation;
145          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
146     requirement applies only to a facility or construction owned or used by a state entity or a
147     political subdivision of the state; or
148          (c) enforce a rule, ordinance, or requirement:
149          (i) that the state executive branch entity or political subdivision adopted or made

150     effective before July 1, 2015; and
151          (ii) for which the state executive branch entity or political subdivision can demonstrate,
152     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
153     individual from a condition likely to cause imminent injury or death.
154          (10) The Department of Health or the Department of Environmental Quality may
155     enforce a rule or requirement adopted before January 1, 2015.
156          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
157     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
158     than 1,500 square feet and used solely for the type of sales described in Subsection
159     59-12-104(20), is exempt from the permit requirements of the State Construction Code.
160          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
161     electrical, and mechanical permit may be required when that work is included in a structure
162     described in Subsection (11)(a).
163          (ii) Unless located in whole or in part in an agricultural protection area created under
164     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
165     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
166     the structure is located on land that is:
167          (A) within the boundaries of a city or town, and less than five contiguous acres; or
168          (B) within a subdivision for which the county has approved a subdivision plat under
169     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
170          (12) (a) As used in this Subsection (12):
171          (i) "Membrane-covered frame structure" means a nonpressurized building wherein the
172     structure is composed of a rigid framework to support a tensioned membrane that provides the
173     weather barrier.
174          (ii) "Remote yurt" means a membrane-covered frame structure that:
175          (A) is no larger than 710 square feet;
176          (B) is not used as a permanent residence;
177          (C) is located in an unincorporated county area that is not zoned for residential,
178     commercial, industrial, or agricultural use;
179          (D) does not have plumbing or electricity;
180          (E) is set back at least 300 feet from any river, stream, lake, or other body of water; and

181          (F) registers with the local health department.
182          (b) A remote yurt is exempt from the State Construction Code including the permit
183     requirements of the State Construction Code.
184          (c) Notwithstanding Subsection (12)(b), a county may by ordinance require remote
185     yurts to comply with the State Construction Code, if the ordinance requires the remote yurts to
186     comply with all of the following:
187          (i) the State Construction Code;
188          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
189          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
190     made under that chapter, and local health department's jurisdiction over onsite wastewater
191     disposal.
192          Section 2. Section 15A-5-104 is enacted to read:
193          15A-5-104. Exemptions from State Fire Code.
194          (1) As used in this section, "remote yurt" means the same as that term is defined in
195     Subsection 15A-1-204(12).
196          (2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
197     ordinance in accordance with Subsection 15A-1-204(12)(c).
198          (3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
199          Section 3. Section 19-5-125 is enacted to read:
200          19-5-125. Yurt exemption.
201          (1) As used in this section:
202          (a) "Backcountry waste containment and disposal system" means a pickle pail, rocket
203     box, tube toilet, John-E partner, or similar container used to collect and carry out waste,
204     including fecal matter.
205          (b) "Remote yurt" means the same as that term is defined in Subsection
206     15A-1-204(12).
207          (2) Unless otherwise provided by ordinance in accordance with Subsection
208     15A-1-204(12)(c), a remote yurt is exempt from this chapter, rules made under this chapter,
209     and local health department's jurisdiction over onsite wastewater disposal, except that the
210     owner of a remote yurt shall ensure that an individual using the remote yurt uses a backcountry
211     waste containment and disposal system and the local health department may enforce the

212     provisions of this section.