Senator Wayne A. Harper proposes the following substitute bill:




Chief Sponsor: Wayne A. Harper

House Sponsor: Walt Brooks


8     General Description:
9          This bill modifies provisions related to aviation.
10     Highlighted Provisions:
11          This bill:
12          ▸     incorporates statewide amendments to the International Building Code relating to
13     certain aircraft hangars;
14          ▸     provides for the Department of Transportation to regulate aerial corridor
15     infrastructure;
16          ▸     establishes a procedure for an airport operator to take possession and dispose of an
17     abandoned aircraft; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          15A-3-103, as last amended by Laws of Utah 2019, Chapter 20

26          63A-2-101.5, as last amended by Laws of Utah 2019, Chapter 488
27          72-1-102, as last amended by Laws of Utah 2019, Chapters 431 and 479
28     ENACTS:
29          72-10-205.5, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 15A-3-103 is amended to read:
33          15A-3-103. Amendments to Chapters 4 through 6 of IBC.
34          (1) IBC Section 403.5.5 is deleted.
35          (2) In IBC, Section 407.2.5, the words "and assisted living facility" are added in the
36     title and first sentence after the words "nursing home."
37          (3) In IBC, Section 407.2.6, the words "and assisted living facility" are added in the
38     title after the words "nursing home."
39          (4) In IBC, Section 407.11, a new exception is added as follows: "Exception: An
40     essential electrical system is not required in assisted living facilities."
41          (5) In IBC, Section 412.3.1, a new exception is added as follows: "Exception: Aircraft
42     hangars of Type I or II construction that are less than 5,000 square feet (464.5 m²) in area."
43          [(5)] (6) A new IBC, Section 422.2.1 is added as follows: " 422.2.1 Separations:
44     Ambulatory care facilities licensed by the Department of Health shall be separated from
45     adjacent tenants with a fire partition having a minimum one hour fire-resistance rating. Any
46     level below the level of exit discharge shall be separated from the level of exit discharge by a
47     horizontal assembly having a minimum one hour fire-resistance rating.
48     Exception: A fire barrier is not required to separate the level of exit discharge when:
49     1. Such levels are under the control of the Ambulatory Care Facility.
50     2. Any hazardous spaces are separated by horizontal assembly having a minimum one hour
51     fire-resistance rating."
52          [(6)] (7) A new IBC Section 429, Day Care, is added as follows:
53     " 429.1 Detailed Requirements. In addition to the occupancy and construction requirements in
54     this code, the additional provisions of this section shall apply to all Day Care in accordance
55     with Utah Administrative Code R710-8 Day Care Rules.
56     429.2 Definitions.

57     429.2.1 Authority Having Jurisdiction (AHJ): State Fire Marshal, his duly authorized deputies,
58     or the local fire enforcement authority code official.
59     429.2.2 Day Care Facility: Any building or structure occupied by clients of any age who
60     receive custodial care for less than 24 hours by individuals other than parents, guardians,
61     relatives by blood, marriage or adoption.
62     429.2.3 Day Care Center: Providing care for five or more clients in a place other than the home
63     of the person cared for. This would also include Child Care Centers, Out of School Time or
64     Hourly Child Care Centers licensed by the Department of Health.
65     429.2.4 Family Day Care: Providing care for clients listed in the following two groups:
66     429.2.4.1 Type 1: Services provided for five to eight clients in a home. This would also
67     include a home that is certified by the Department of Health as Residential Certificate Child
68     Care or licensed as Family Child Care.
69     429.2.4.2 Type 2: Services provided for nine to sixteen clients in a home with sufficient
70     staffing. This would also include a home that is licensed by the Department of Health as
71     Family Child Care.
72     429.2.5 R710-8: Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
73     authority of the Utah Fire Prevention Board.
74     429.3 Family Day Care.
75     429.3.1 Family Day Care units shall have on each floor occupied by clients, two separate
76     means of egress, arranged so that if one is blocked the other will be available.
77     429.3.2 Family Day Care units that are located in the basement or on the second story shall be
78     provided with two means of egress, one of which shall discharge directly to the outside.
79     429.3.2.1 Residential Certificate Child Care and Licensed Family Child Care with five to eight
80     clients in a home, located on the ground level or in a basement, may use an emergency escape
81     or rescue window as allowed in IFC, Chapter 10, Section 1030.
82     429.3.3 Family Day Care units shall not be located above the second story.
83     429.3.4 In Family Day Care units, clients under the age of two shall not be located above or
84     below the first story.
85     429.3.4.1 Clients under the age of two may be housed above or below the first story where
86     there is at least one exit that leads directly to the outside and complies with IFC, Section 1011
87     or Section 1012 or Section 1027.

88     429.3.5 Family Day Care units located in split entry/split level type homes in which stairs to
89     the lower level and upper level are equal or nearly equal, may have clients housed on both
90     levels when approved by the AHJ.
91     429.3.6 Family Day Care units shall have a portable fire extinguisher on each level occupied by
92     clients, which shall have a classification of not less than 2A:10BC, and shall be serviced in
93     accordance with NFPA, Standard 10, Standard for Portable Fire Extinguishers.
94     429.3.7 Family Day Care units shall have single station smoke detectors in good operating
95     condition on each level occupied by clients. Battery operated smoke detectors shall be
96     permitted if the facility demonstrates testing, maintenance, and battery replacement to insure
97     continued operation of the smoke detectors.
98     429.3.8 Rooms in Family Day Care units that are provided for clients to sleep or nap, shall
99     have at least one window or door approved for emergency escape.
100     429.3.9 Fire drills shall be conducted in Family Day Care units quarterly and shall include the
101     complete evacuation from the building of all clients and staff. At least annually, in Type I
102     Family Day Care units, the fire drill shall include the actual evacuation using the escape or
103     rescue window, if one is used as a substitute for one of the required means of egress.
104     429.4 Day Care Centers.
105     429.4.1 Day Care Centers shall comply with either I-4 requirements or E requirements of the
106     IBC, whichever is applicable for the type of Day Care Center.
107     429.4.2 Emergency Evacuation Drills shall be completed as required in IFC, Chapter 4, Section
108     405.
109     429.4.3 Location at grade. Group E child day care centers shall be located at the level of exit
110     discharge.
111     429.4.3.1 Child day care spaces for children over the age of 24 months may be located on the
112     second floor of buildings equipped with automatic fire protection throughout and an automatic
113     fire alarm system.
114     429.4.4 Egress. All Group E child day care spaces with an occupant load of more than 10 shall
115     have a second means of egress. If the second means of egress is not an exit door leading
116     directly to the exterior, the room shall have an emergency escape and rescue window
117     complying with Section 1030.
118     429.4.5 All Group E Child Day Care Centers shall comply with Utah Administrative Code,

119     R430-100 Child Care Centers, R430-60 Hourly Child Care Centers, and R430-70 Out of
120     School Time.
121     429.5 Requirements for all Day Care.
122     429.5.1 Heating equipment in spaces occupied by children shall be provided with partitions,
123     screens, or other means to protect children from hot surfaces and open flames.
124     429.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All staff shall
125     be trained on the fire escape plan and procedure."
126          [(7)] (8) In IBC, Section 504.4, a new section is added as follows: "504.4.1
127     Notwithstanding the exceptions to Section 504.2, Group I-2 Assisted Living Facilities shall be
128     allowed on each level of a two-story building of Type V-A construction when all of the
129     following apply:
130     1. All secured units are located at the level of exit discharge in compliance with Section
131     1010.1.9.3 as amended;
132     2. The total combined area of both stories shall not exceed the total allowable area for a
133     one-story building; and
134     3. All other provisions that apply in Section 407 have been provided."
135          [(8)] (9) In IBC, Section 504.4, a new section is added as follows: "504.4.2 Group I-2
136     Assisted Living Facilities. Notwithstanding the allowable number of stories permitted by Table
137     504.4 Group I-2 Assisted Living Facilities of type VA, construction shall be allowed on each
138     level of a two-story building when all of the following apply:
139     1. The total combined area of both stories does not exceed the total allowable area for a
140     one-story, above grade plane building equipped throughout with an automatic sprinkler system
141     installed in accordance with Section 903.3.1.1.
142     2. All other provisions that apply in Section 407 have been provided."
143          [(9)] (10) A new IBC, Section 504.5, is added as follows: "504.5 Group 1-2 Secured
144     areas in Assisted Living Facilities. In Type IIIB, IV, and V construction, all areas for the use
145     and care of residents required to be secured shall be located on the level of exit discharge with
146     door operations in compliance with Section 1010.1.9.7, as amended."
147          Section 2. Section 63A-2-101.5 is amended to read:
148          63A-2-101.5. Definitions.
149          As used in this chapter:

150          (1) "Division" means the Division of Purchasing and General Services created under
151     Section 63A-2-101.
152          (2) "Federal surplus property" means surplus property of the federal government of the
153     United States.
154          (3) "Information technology equipment" means equipment capable of downloading,
155     accessing, manipulating, storing, or transferring electronic data, including:
156          (a) a computer;
157          (b) a smart phone, electronic tablet, personal digital assistant, or other portable
158     electronic device;
159          (c) a digital copier or multifunction printer;
160          (d) a flash drive or other portable electronic data storage device;
161          (e) a server; and
162          (f) any other similar device.
163          (4) "Person with a disability" means a person with a severe, chronic disability that:
164          (a) is attributable to a mental or physical impairment or a combination of mental and
165     physical impairments; and
166          (b) is likely to continue indefinitely.
167          (5) "Property act" means the Federal Property and Administrative Services Act of
168     1949, 40 U.S.C. Sec. 549.
169          (6) "Purchasing director" means the director of the division appointed under Section
170     63A-2-102.
171          (7) "Smart phone" means an electronic device that combines a cell phone with a
172     hand-held computer, typically offering Internet access, data storage, and text and email
173     capabilities.
174          (8) "State agency" means any executive branch department, division, or other agency of
175     the state.
176          (9) "State surplus property":
177          (a) means state-owned property, whether acquired by purchase, seizure, donation, or
178     otherwise:
179          (i) that is no longer being used by the state or no longer usable by the state;
180          (ii) that is out of date;

181          (iii) that is damaged and cannot be repaired or cannot be repaired at a cost that is less
182     than the property's value;
183          (iv) whose useful life span has expired; or
184          (v) that the state agency possessing the property determines is not required to meet the
185     needs or responsibilities of the state agency;
186          (b) includes:
187          (i) a motor vehicle;
188          (ii) equipment;
189          (iii) furniture;
190          (iv) information technology equipment; [and]
191          (v) a supply; and
192          (vi) an aircraft; and
193          (c) does not include:
194          (i) real property;
195          (ii) an asset of the School and Institutional Trust Lands Administration, established in
196     Section 53C-1-201;
197          (iii) a firearm or ammunition; or
198          (iv) an office or household item made of aluminum, paper, plastic, cardboard, or other
199     recyclable material, without any meaningful value except for recycling purposes.
200          (10) "State surplus property contractor" means a person in the private sector under
201     contract with the state to provide one or more services related to the division's program for the
202     management and disposition of state surplus property.
203          (11) "Surplus property program" means the program relating to state surplus property
204     under Part 4, Surplus Property Service.
205          (12) "Surplus property program administrator" means:
206          (a) the purchasing director, if the purchasing director administers the surplus property
207     program; or
208          (b) the state surplus property contractor, if the state surplus property contractor
209     administers the surplus property program.
210          Section 3. Section 72-1-102 is amended to read:
211          72-1-102. Definitions.

212          As used in this title:
213          (1) "Commission" means the Transportation Commission created under Section
214     72-1-301.
215          (2) "Construction" means the construction, reconstruction, replacement, and
216     improvement of the highways, including the acquisition of rights-of-way and material sites.
217          (3) "Department" means the Department of Transportation created in Section 72-1-201.
218          (4) "Executive director" means the executive director of the department appointed
219     under Section 72-1-202.
220          (5) "Farm tractor" has the meaning set forth in Section 41-1a-102.
221          (6) "Federal aid primary highway" means that portion of connected main highways
222     located within this state officially designated by the department and approved by the United
223     States Secretary of Transportation under Title 23, Highways, U.S.C.
224          (7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel,
225     culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the
226     public, or made public in an action for the partition of real property, including the entire area
227     within the right-of-way.
228          (8) "Highway authority" means the department or the legislative, executive, or
229     governing body of a county or municipality.
230          (9) "Implement of husbandry" has the meaning set forth in Section 41-1a-102.
231          (10) "Interstate system" means any highway officially designated by the department
232     and included as part of the national interstate and defense highways, as provided in the Federal
233     Aid Highway Act of 1956 and any supplemental acts or amendments.
234          (11) "Limited-access facility" means a highway especially designated for through
235     traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other
236     persons have any right or easement, or have only a limited right or easement of access, light,
237     air, or view.
238          (12) "Motor vehicle" has the same meaning set forth in Section 41-1a-102.
239          (13) "Municipality" has the same meaning set forth in Section 10-1-104.
240          (14) "National highway systems highways" means that portion of connected main
241     highways located within this state officially designated by the department and approved by the
242     United States Secretary of Transportation under Title 23, Highways, U.S.C.

243          (15) (a) "Port-of-entry" means a fixed or temporary facility constructed, operated, and
244     maintained by the department where drivers, vehicles, and vehicle loads are checked or
245     inspected for compliance with state and federal laws as specified in Section 72-9-501.
246          (b) "Port-of-entry" includes inspection and checking stations and weigh stations.
247          (16) "Port-of-entry agent" means a person employed at a port-of-entry to perform the
248     duties specified in Section 72-9-501.
249          (17) "Public transit" means the same as that term is defined in Section 17B-2a-802.
250          (18) "Public transit facility" means a transit vehicle, transit station, depot, passenger
251     loading or unloading zone, parking lot, or other facility:
252          (a) leased by or operated by or on behalf of a public transit district; and
253          (b) related to the public transit services provided by the district, including:
254          (i) railway or other right-of-way;
255          (ii) railway line; and
256          (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
257     a transit vehicle.
258          (19) "Right-of-way" means real property or an interest in real property, usually in a
259     strip, acquired for or devoted to a highway.
260          (20) "Sealed" does not preclude acceptance of electronically sealed and submitted bids
261     or proposals in addition to bids or proposals manually sealed and submitted.
262          (21) "Semitrailer" has the meaning set forth in Section 41-1a-102.
263          (22) "SR" means state route and has the same meaning as state highway as defined in
264     this section.
265          (23) "State highway" means those highways designated as state highways in Title 72,
266     Chapter 4, Designation of State Highways Act.
267          (24) "State transportation purposes" has the meaning set forth in Section 72-5-102.
268          (25) "State transportation systems" means all streets, alleys, roads, highways,
269     pathways, and thoroughfares of any kind, including connected structures, airports, aerial
270     corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of
271     conveyance used by the public.
272          (26) "Trailer" has the meaning set forth in Section 41-1a-102.
273          (27) "Truck tractor" has the meaning set forth in Section 41-1a-102.

274          (28) "UDOT" means the Utah Department of Transportation.
275          (29) "Vehicle" has the same meaning set forth in Section 41-1a-102.
276          Section 4. Section 72-10-205.5 is enacted to read:
277          72-10-205.5. Abandoned aircraft on airport property -- Seizure and disposal.
278          (1) (a) As used in this section, "abandoned aircraft" means an aircraft that:
279          (i) remains in an idle state on airport property for 45 consecutive calendar days;
280          (ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; and
281          (iii) is not in the process of actively being repaired.
282          (b) "Abandoned aircraft" does not include an aircraft:
283          (i) that has current FAA registration;
284          (ii) that has current state registration;
285          (iii) for which evidence is shown indicating repairs are in process, including:
286          (A) receipts for parts and labor; or
287          (B) a statement from a mechanic making the repairs.
288          (2) An airport operator may take possession and dispose of an abandoned aircraft in
289     accordance with Subsections (3) through (5).
290          (3) Upon determining that an aircraft located on airport property is abandoned, the
291     airport operator shall:
292          (a) send, by registered mail, a notice containing the information described in
293     Subsection (4) to the last known address of the last registered owner of the aircraft; and
294          (b) publish a notice containing the information described in Subsection (4) in a
295     newspaper of general circulation in the county where the airport is located if:
296          (i) the owner or the address of the owner of the aircraft is unknown; or
297          (ii) the mailed notice is returned to the airport operator without a forwarding address.
298          (4) The notice described in Subsection (3) shall include:
299          (a) the name, if known, and the last known address, if any, of the last registered owner
300     of the aircraft;
301          (b) a description of the aircraft, including the identification number, the location of the
302     aircraft, and the date the aircraft is determined abandoned;
303          (c) a statement describing the specific grounds for the determination that the aircraft is
304     abandoned;

305          (d) the amount of any accrued or unpaid airport charges; and
306          (e) a statement indicating that the airport operator intends to take possession and
307     dispose of the aircraft if the owner of the aircraft fails to remove the aircraft from airport
308     property, after payment in full of any charges described in Subsection (4)(d), within the later
309     of:
310          (i) 30 days after the day on which the notice is sent in accordance with Subsection
311     (3)(a); or
312          (ii) 30 days after the day on which the notice is published in accordance with
313     Subsection (3)(b), if applicable.
314          (5) If the owner of the abandoned aircraft fails to remove the aircraft from airport
315     property, after payment in full of any charges described in Subsection (4)(d), within the time
316     specified in Subsection (4)(e):
317          (a) the abandoned aircraft becomes the property of the airport operator; and
318          (b) the airport operator may dispose of the abandoned aircraft:
319          (i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; or
320          (ii) in accordance with any other lawful method or procedure established by rule or
321     ordinance adopted by the airport operator.
322          (6) If an airport operator complies with the provisions of this section, the airport
323     operator is immune from liability for the seizure and disposal of an abandoned aircraft in
324     accordance with this section.