This document includes House Committee Amendments incorporated into the bill on Thu, Feb 25, 2021 at 7:40 AM by pflowers.
Representative Paul Ray proposes the following substitute bill:


1     
LOCAL GOVERNMENT BUILDING REGULATION

2     
AMENDMENTS

3     
2021 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Paul Ray

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to local government building regulation.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a building permit applicant to engage an independent third-party building
14     inspector to conduct inspections in certain circumstances;
15          ▸     allows an independent third-party building inspector to issue a certificate of
16     occupancy to a building permit applicant in certain circumstances;
17          ▸     modifies requirements for a building permit application;
18          ▸     exempts a construction project involving repairs to a building damaged by a natural
19     disaster from certain State Construction Code and building permit requirements;
20          ▸     prohibits a municipality or county from regulating certain building design elements;
21     and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          10-5-132, as last amended by Laws of Utah 2020, Chapters 354 and 441
30          10-6-160, as last amended by Laws of Utah 2020, Chapter 441
31          10-9a-403, as last amended by Laws of Utah 2020, Chapter 136
32          15A-1-104, as enacted by Laws of Utah 2014, Chapter 197
33          15A-1-202, as last amended by Laws of Utah 2020, Chapter 441
34          15A-1-204, as last amended by Laws of Utah 2020, Chapters 111 and 441
35          15A-3-102, as last amended by Laws of Utah 2019, Chapter 20
36          15A-5-104, as enacted by Laws of Utah 2020, Chapter 111
37          17-27a-403, as last amended by Laws of Utah 2020, Chapter 136
38          17-36-55, as last amended by Laws of Utah 2020, Chapter 441
39          38-1a-102, as last amended by Laws of Utah 2019, Chapter 250
40          78B-2-225, as last amended by Laws of Utah 2020, Chapter 97
41     ENACTS:
42          10-9a-530, Utah Code Annotated 1953
43          17-27a-527, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 10-5-132 is amended to read:
47          10-5-132. Fees collected for construction approval -- Approval of plans.
48          (1) As used in this section:
49          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
50          [(a)] (b) "Construction project" means the same as that term is defined in Section
51     38-1a-102.
52          (c) "Licensed building inspector" means an individual who is:
53          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
54     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
55          (ii) covered by liability insurance when providing private services as a licensed
56     building inspector.
57          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
58     accommodations to the public, including any of the following:
59          (i) a bed and breakfast establishment;
60          (ii) a boarding house;
61          (iii) a dormitory;
62          (iv) a hotel;
63          (v) an inn;
64          (vi) a lodging house;
65          (vii) a motel;
66          (viii) a resort; or
67          (ix) a rooming house.
68          [(c)] (e) "Planning review" means a review to verify that a town has approved the
69     following elements of a construction project:
70          (i) zoning;
71          (ii) lot sizes;
72          (iii) setbacks;
73          (iv) easements;
74          (v) curb and gutter elevations;
75          (vi) grades and slopes;
76          (vii) utilities;
77          (viii) street names;
78          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
79     Interface Code adopted under Section 15A-2-103; and
80          (x) subdivision.
81          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a town
82     requires to obtain a building permit from the town with a scope that may not exceed a review to
83     verify:
84          (A) that the construction project complies with the provisions of the State Construction
85     Code under Title 15A, State Construction and Fire Codes Act;
86          (B) that the construction project complies with the energy code adopted under Section
87     15A-2-103;
88          (C) that the construction project received a planning review;
89          (D) that the applicant paid any required fees;
90          (E) that the applicant obtained final approvals from any other required reviewing
91     agencies;
92          (F) that the construction project complies with federal, state, and local storm water
93     protection laws;
94          (G) that the construction project received a structural review;
95          (H) the total square footage for each building level of finished, garage, and unfinished
96     space; and
97          (I) that the plans include a printed statement indicating that the actual construction will
98     comply with applicable local ordinances and the state construction codes.
99          (ii) "Plan review" does not mean a review of a document:
100          (A) required to be re-submitted for a construction project other than a construction
101     project for a one to two family dwelling or townhome if additional modifications or substantive
102     changes are identified by the plan review;
103          (B) submitted as part of a deferred submittal when requested by the applicant and
104     approved by the building official; or
105          (C) that, due to the document's technical nature or on the request of the applicant, is
106     reviewed by a third party.
107          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
108     15A-1-102.
109          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
110     15A-1-102.
111          [(g)] (i) "Structural review" means:
112          (i) a review that verifies that a construction project complies with the following:
113          (A) footing size and bar placement;
114          (B) foundation thickness and bar placement;
115          (C) beam and header sizes;
116          (D) nailing patterns;
117          (E) bearing points;
118          (F) structural member size and span; and
119          (G) sheathing; or
120          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
121     a review that a licensed engineer conducts.
122          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
123     training and expertise of an individual who regularly performs plan reviews.
124          (2) (a) If a town collects a fee for the inspection of a construction project, the town
125     shall ensure that the construction project receives a prompt inspection.
126          (b) If a town cannot provide a building inspection within three business days after the
127     day on which the town receives the request for the inspection[,]:
128          (i) the town [shall] may promptly engage an independent inspector with fees collected
129     from the applicant[.]; or
130          (ii) the applicant may engage an independent third-party licensed building inspector to
131     complete each required inspection on the applicant's behalf in accordance with Subsection
132     (2)(d), if the construction project is for a one to two family dwelling or townhome.
133          (c) If an inspector identifies one or more violations of the State Construction Code or
134     State Fire Code during an inspection, the inspector shall give the permit holder written
135     notification that:
136          (i) identifies each violation;
137          (ii) upon request by the permit holder, includes a reference to each applicable provision
138     of the State Construction Code or State Fire Code; and
139          (iii) is delivered:
140          (A) in hardcopy or by electronic means; and
141          (B) the day on which the inspection occurs.
142          (d) (i) An applicant who engages an independent third-party licensed building inspector
143     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
144     promptly notify the town in writing of the name and address of the licensed building inspector
145     at the time the applicant engages the licensed building inspector.
146          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
147          (A) complete each required inspection of the construction project on the applicant's
148     behalf;
149          (B) provide written notification to the town after completing the final required
150     inspection; and
151          (C) issue the applicant a certificate of occupancy for the construction project.
152          (3) (a) A town shall complete a plan review of a construction project for a one to two
153     family dwelling or townhome by no later than 14 business days after the day on which the [plan
154     is submitted] applicant submits a complete building permit application to the town.
155          (b) A town shall complete a plan review of a construction project for a residential
156     structure built under the International Building Code, not including a lodging establishment, by
157     no later than 21 business days after the day on which the [plan is submitted] applicant submits
158     a complete building permit application to the town.
159          (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
160     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
161     town complete the plan review.
162          (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
163     the plan review no later than:
164          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
165     applicant makes the request; or
166          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
167     applicant makes the request.
168          (d) An applicant may:
169          (i) waive the plan review time requirements described in this Subsection (3); or
170          (ii) with the town's consent, establish an alternative plan review time requirement.
171          (4) [(a)] A town may not enforce a requirement to have a plan review if:
172          [(i)] (a) the town does not complete the plan review within the time period described in
173     Subsection (3)(a) or (b); [and]
174          (b) the applicant makes a request under Subsection (3)(c)(i);
175          (c) the town does not complete the plan review within the time period described in
176     Subsection (3)(c)(ii); and
177          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
178     stamps the plan.     
179          [(b)] (5) (a) A town may attach to a reviewed plan a list that includes:
180          (i) items with which the town is concerned and may enforce during construction; and
181          (ii) building code violations found in the plan.
182          [(c)] (b) A town may not require an applicant to redraft a plan if the town requests
183     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
184          [(5) An applicant shall ensure that each construction project plan submitted for a plan
185     review under this section has a statement indicating that actual construction will comply with
186     applicable local ordinances and building codes.]
187          (c) A town may require a single resubmittal of plans for a one or two family dwelling
188     or townhome if the resubmission is required to address deficiencies identified by a third party
189     review of a geotechnical report or geological report.
190          (6) If a town charges a fee for a building permit, the town may not refuse payment of
191     the fee at the time the applicant submits a building permit application under Subsection (3).
192          (7) A town may not limit the number of building permit applications submitted under
193     Subsection (3).
194          (8) For purposes of Subsection (3), a building permit application is complete if the
195     application contains:
196          (a) the name, address, and contact information of:
197          (i) the applicant; and
198          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
199     the construction project;
200          (b) a site plan for the construction project that:
201          (i) is drawn to scale;
202          (ii) includes a north arrow and legend; and
203          (iii) provides specifications for the following:
204          (A) lot size and dimensions;
205          (B) setbacks and overhangs for setbacks;
206          (C) easements;
207          (D) property lines;
208          (E) topographical details, if the slope of the lot is greater than 10%;
209          (F) retaining walls;
210          (G) hard surface areas;
211          (H) curb and gutter elevations as indicated in the subdivision documents;
212          (I) utilities, including water meter and sewer lateral location;
213          (J) street names;
214          (K) driveway locations;
215          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
216     Interface Code adopted under Section 15A-2-103; and
217          (M) the location of the nearest hydrant;
218          (c) construction plans and drawings, including:
219          (i) elevations, only if the construction project is new construction;
220          (ii) floor plans for each level, including the location and size of doors and windows;
221          (iii) foundation, structural, and framing detail; and
222          (iv) electrical, mechanical, and plumbing design;
223          (d) documentation of energy code compliance;
224          (e) structural calculations, except for trusses;
225          (f) a geotechnical report, including a slope stability evaluation and retaining wall
226     design, if:
227          (i) the slope of the lot is greater than 15%; and
228          (ii) required by the town; and
229          (g) a statement indicating that actual construction will comply with applicable local
230     ordinances and building codes.
231          Section 2. Section 10-6-160 is amended to read:
232          10-6-160. Fees collected for construction approval -- Approval of plans.
233          (1) As used in this section:
234          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
235          [(a)] (b) "Construction project" means the same as that term is defined in Section
236     38-1a-102.
237          (c) "Licensed building inspector" means an individual who is:
238          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
239     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
240          (ii) covered by liability insurance when providing private services as a licensed
241     building inspector.
242          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
243     accommodations to the public, including any of the following:
244          (i) a bed and breakfast establishment;
245          (ii) a boarding house;
246          (iii) a dormitory;
247          (iv) a hotel;
248          (v) an inn;
249          (vi) a lodging house;
250          (vii) a motel;
251          (viii) a resort; or
252          (ix) a rooming house.
253          [(c)] (e) "Planning review" means a review to verify that a city has approved the
254     following elements of a construction project:
255          (i) zoning;
256          (ii) lot sizes;
257          (iii) setbacks;
258          (iv) easements;
259          (v) curb and gutter elevations;
260          (vi) grades and slopes;
261          (vii) utilities;
262          (viii) street names;
263          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
264     Interface Code adopted under Section 15A-2-103; and
265          (x) subdivision.
266          [(d)] (f) (i) " Plan review" means all of the reviews and approvals of a plan that a city
267     requires to obtain a building permit from the city with a scope that may not exceed a review to
268     verify:
269          (A) that the construction project complies with the provisions of the State Construction
270     Code under Title 15A, State Construction and Fire Codes Act;
271          (B) that the construction project complies with the energy code adopted under Section
272     15A-2-103;
273          (C) that the construction project received a planning review;
274          (D) that the applicant paid any required fees;
275          (E) that the applicant obtained final approvals from any other required reviewing
276     agencies;
277          (F) that the construction project complies with federal, state, and local storm water
278     protection laws;
279          (G) that the construction project received a structural review;
280          (H) the total square footage for each building level of finished, garage, and unfinished
281     space; and
282          (I) that the plans include a printed statement indicating that the actual construction will
283     comply with applicable local ordinances and the state construction codes.
284          (ii) "Plan review" does not mean a review of a document:
285          (A) required to be re-submitted for a construction project other than a construction
286     project for a one to two family dwelling or townhome if additional modifications or substantive
287     changes are identified by the plan review;
288          (B) submitted as part of a deferred submittal when requested by the applicant and
289     approved by the building official; or
290          (C) that, due to the document's technical nature or on the request of the applicant, is
291     reviewed by a third party.
292          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
293     15A-1-102.
294          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
295     15A-1-102.
296          [(g)] (i) "Structural review" means:
297          (i) a review that verifies that a construction project complies with the following:
298          (A) footing size and bar placement;
299          (B) foundation thickness and bar placement;
300          (C) beam and header sizes;
301          (D) nailing patterns;
302          (E) bearing points;
303          (F) structural member size and span; and
304          (G) sheathing; or
305          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
306     a review that a licensed engineer conducts.
307          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
308     training and expertise of an individual who regularly performs plan reviews.
309          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
310     ensure that the construction project receives a prompt inspection.
311          (b) If a city cannot provide a building inspection within three business days after the
312     day on which the city receives the request for the inspection[,];
313          (i) the city [shall] may promptly engage an independent inspector with fees collected
314     from the applicant[.]; or
315          (ii) the applicant may engage an independent third-party licensed building inspector to
316     complete each required inspection on the applicant's behalf in accordance with Subsection
317     (2)(d), if the construction project is for a one to two family dwelling or townhome.
318          (c) If an inspector identifies one or more violations of the State Construction Code or
319     State Fire Code during an inspection, the inspector shall give the permit holder written
320     notification that:
321          (i) identifies each violation;
322          (ii) upon request by the permit holder, includes a reference to each applicable provision
323     of the State Construction Code or State Fire Code; and
324          (iii) is delivered:
325          (A) in hardcopy or by electronic means; and
326          (B) the day on which the inspection occurs.
327          (d) (i) An applicant who engages an independent third-party licensed building inspector
328     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
329     promptly notify the city in writing of the name and address of the licensed building inspector at
330     the time the applicant engages the licensed building inspector.
331          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
332          (A) complete each required inspection of the construction project on the applicant's
333     behalf;
334          (B) provide written notification to the city after completing the final required
335     inspection; and
336          (C) issue the applicant a certificate of occupancy for the construction project.
337          (3) (a) A city shall complete a plan review of a construction project for a one to two
338     family dwelling or townhome by no later than 14 business days after the day on which the [plan
339     is submitted] applicant submits a complete building permit application to the city.
340          (b) A city shall complete a plan review of a construction project for a residential
341     structure built under the International Building Code, not including a lodging establishment, by
342     no later than 21 business days after the day on which the [plan is submitted] applicant submits
343     a complete building permit application to the city.
344          (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
345     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
346     city complete the plan review.
347          (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
348     plan review no later than:
349          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
350     applicant makes the request; or
351          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
352     applicant makes the request.
353          (d) An applicant may:
354          (i) waive the plan review time requirements described in this Subsection (3); or
355          (ii) with the city's consent, establish an alternative plan review time requirement.
356          (4) [(a)] A city may not enforce a requirement to have a plan review if:
357          [(i)] (a) the city does not complete the plan review within the time period described in
358     Subsection (3)(a) or (b); [and]
359          (b) the applicant makes a request under Subsection (3)(c)(i);
360          (c) the city does not complete the plan review within the time period described in
361     Subsection (3)(c)(ii); and
362          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
363     stamps the plan.     
364          [(b)] (5) (a) A city may attach to a reviewed plan a list that includes:
365          (i) items with which the city is concerned and may enforce during construction; and
366          (ii) building code violations found in the plan.
367          [(c)] (b) A city may not require an applicant to redraft a plan if the city requests minor
368     changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
369          [(5) An applicant shall ensure that each construction project plan submitted for a plan
370     review under this section has a statement indicating that actual construction will comply with
371     applicable local ordinances and building codes.]
372          (c) A city may require a single resubmittal of plans for a one or two family dwelling or
373     townhome if the resubmission is required to address deficiencies identified by a third party
374     review of a geotechnical report or geological report.
375          (6) If a city charges a fee for a building permit, the city may not refuse payment of the
376     fee at the time the applicant submits a building permit application under Subsection (3).
377          (7) A city may not limit the number of building permit applications submitted under
378     Subsection (3).
379          (8) For purposes of Subsection (3), a building permit application is complete if the
380     application contains:
381          (a) the name, address, and contact information of:
382          (i) the applicant; and
383          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
384     the construction project;
385          (b) a site plan for the construction project that:
386          (i) is drawn to scale;
387          (ii) includes a north arrow and legend; and
388          (iii) provides specifications for the following:
389          (A) lot size and dimensions;
390          (B) setbacks and overhangs for setbacks;
391          (C) easements;
392          (D) property lines;
393          (E) topographical details, if the slope of the lot is greater than 10%;
394          (F) retaining walls;
395          (G) hard surface areas;
396          (H) curb and gutter elevations as indicated in the subdivision documents;
397          (I) utilities, including water meter and sewer lateral location;
398          (J) street names;
399          (K) driveway locations;
400          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
401     Interface Code adopted under Section 15A-2-103; and
402          (M) the location of the nearest hydrant;
403          (c) construction plans and drawings, including:
404          (i) elevations, only if the construction project is new construction;
405          (ii) floor plans for each level, including the location and size of doors and windows;
406          (iii) foundation, structural, and framing detail; and
407          (iv) electrical, mechanical, and plumbing design;
408          (d) documentation of energy code compliance;
409          (e) structural calculations, except for trusses;
410          (f) a geotechnical report, including a slope stability evaluation and retaining wall
411     design, if:
412          (i) the slope of the lot is greater than 15%; and
413          (ii) required by the city; and
414          (g) a statement indicating that actual construction will comply with applicable local
415     ordinances and building codes.
416          Section 3. Section 10-9a-403 is amended to read:
417          10-9a-403. General plan preparation.
418          [(1) (a) As used in this section, "residential building design element" means for a
419     single-family residential building:]
420          [(i) exterior building color;]
421          [(ii) type or style of exterior cladding material;]
422          [(iii) style or materials of a roof structure, roof pitch, or porch;]
423          [(iv) exterior nonstructural architectural ornamentation;]
424          [(v) location, design, placement, or architectural styling of a window or door, including
425     a garage door;]
426          [(vi) the number or type of rooms;]
427          [(vii) the interior layout of a room; or]
428          [(viii) the minimum square footage of a structure.]
429          [(b) "Residential building design element" does not include for a single-family
430     residential building:]
431          [(i) the height, bulk, orientation, or location of a structure on a lot; or]
432          [(ii) buffering or screening used to:]
433          [(A) minimize visual impacts;]
434          [(B) mitigate the impacts of light or noise; or]
435          [(C) protect the privacy of neighbors.]
436          [(2)] (1) (a) The planning commission shall provide notice, as provided in Section
437     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
438     general plan or a comprehensive general plan amendment when the planning commission
439     initiates the process of preparing its recommendation.
440          (b) The planning commission shall make and recommend to the legislative body a
441     proposed general plan for the area within the municipality.
442          (c) The plan may include areas outside the boundaries of the municipality if, in the
443     planning commission's judgment, those areas are related to the planning of the municipality's
444     territory.
445          (d) Except as otherwise provided by law or with respect to a municipality's power of
446     eminent domain, when the plan of a municipality involves territory outside the boundaries of
447     the municipality, the municipality may not take action affecting that territory without the
448     concurrence of the county or other municipalities affected.
449          [(3)] (2) (a) At a minimum, the proposed general plan, with the accompanying maps,
450     charts, and descriptive and explanatory matter, shall include the planning commission's
451     recommendations for the following plan elements:
452          (i) a land use element that:
453          (A) designates the long-term goals and the proposed extent, general distribution, and
454     location of land for housing for residents of various income levels, business, industry,
455     agriculture, recreation, education, public buildings and grounds, open space, and other
456     categories of public and private uses of land as appropriate; and
457          (B) may include a statement of the projections for and standards of population density
458     and building intensity recommended for the various land use categories covered by the plan;
459          (ii) a transportation and traffic circulation element that:
460          (A) provides the general location and extent of existing and proposed freeways, arterial
461     and collector streets, public transit, active transportation facilities, and other modes of
462     transportation that the planning commission considers appropriate;
463          (B) for a municipality that has access to a major transit investment corridor, addresses
464     the municipality's plan for residential and commercial development around major transit
465     investment corridors to maintain and improve the connections between housing, employment,
466     education, recreation, and commerce;
467          (C) for a municipality that does not have access to a major transit investment corridor,
468     addresses the municipality's plan for residential and commercial development in areas that will
469     maintain and improve the connections between housing, transportation, employment,
470     education, recreation, and commerce; and
471          (D) correlates with the population projections, the employment projections, and the
472     proposed land use element of the general plan; and
473          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
474     realistic opportunity to meet the need for additional moderate income housing.
475          (b) In drafting the moderate income housing element, the planning commission:
476          (i) shall consider the Legislature's determination that municipalities shall facilitate a
477     reasonable opportunity for a variety of housing, including moderate income housing:
478          (A) to meet the needs of people of various income levels living, working, or desiring to
479     live or work in the community; and
480          (B) to allow people with various incomes to benefit from and fully participate in all
481     aspects of neighborhood and community life;
482          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
483     how the municipality will provide a realistic opportunity for the development of moderate
484     income housing within the next five years;
485          (iii) for a town, may include, and for other municipalities, shall include, a
486     recommendation to implement three or more of the following strategies:
487          (A) rezone for densities necessary to assure the production of moderate income
488     housing;
489          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
490     construction of moderate income housing;
491          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
492     income housing;
493          (D) consider general fund subsidies or other sources of revenue to waive construction
494     related fees that are otherwise generally imposed by the city;
495          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
496     residential zones;
497          (F) allow for higher density or moderate income residential development in
498     commercial and mixed-use zones, commercial centers, or employment centers;
499          (G) encourage higher density or moderate income residential development near major
500     transit investment corridors;
501          (H) eliminate or reduce parking requirements for residential development where a
502     resident is less likely to rely on the resident's own vehicle, such as residential development near
503     major transit investment corridors or senior living facilities;
504          (I) allow for single room occupancy developments;
505          (J) implement zoning incentives for low to moderate income units in new
506     developments;
507          (K) utilize strategies that preserve subsidized low to moderate income units on a
508     long-term basis;
509          (L) preserve existing moderate income housing;
510          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
511     income housing;
512          (N) participate in a community land trust program for low or moderate income
513     housing;
514          (O) implement a mortgage assistance program for employees of the municipality or of
515     an employer that provides contracted services to the municipality;
516          (P) apply for or partner with an entity that applies for state or federal funds or tax
517     incentives to promote the construction of moderate income housing;
518          (Q) apply for or partner with an entity that applies for programs offered by the Utah
519     Housing Corporation within that agency's funding capacity;
520          (R) apply for or partner with an entity that applies for affordable housing programs
521     administered by the Department of Workforce Services;
522          (S) apply for or partner with an entity that applies for programs administered by an
523     association of governments established by an interlocal agreement under Title 11, Chapter 13,
524     Interlocal Cooperation Act;
525          (T) apply for or partner with an entity that applies for services provided by a public
526     housing authority to preserve and create moderate income housing;
527          (U) apply for or partner with an entity that applies for programs administered by a
528     metropolitan planning organization or other transportation agency that provides technical
529     planning assistance;
530          (V) utilize a moderate income housing set aside from a community reinvestment
531     agency, redevelopment agency, or community development and renewal agency; and
532          [(W) reduce residential building design elements; and]
533          [(X)] (W) any other program or strategy implemented by the municipality to address
534     the housing needs of residents of the municipality who earn less than 80% of the area median
535     income; and
536          (iv) in addition to the recommendations required under Subsection [(3)] (2)(b)(iii), for
537     a municipality that has a fixed guideway public transit station, shall include a recommendation
538     to implement the strategies described in Subsection [(3)] (2)(b)(iii)(G) or (H).
539          (c) In drafting the land use element, the planning commission shall:
540          (i) identify and consider each agriculture protection area within the municipality; and
541          (ii) avoid proposing a use of land within an agriculture protection area that is
542     inconsistent with or detrimental to the use of the land for agriculture.
543          (d) In drafting the transportation and traffic circulation element, the planning
544     commission shall:
545          (i) consider the regional transportation plan developed by its region's metropolitan
546     planning organization, if the municipality is within the boundaries of a metropolitan planning
547     organization; or
548          (ii) consider the long-range transportation plan developed by the Department of
549     Transportation, if the municipality is not within the boundaries of a metropolitan planning
550     organization.
551          [(4)] (3) The proposed general plan may include:
552          (a) an environmental element that addresses:
553          (i) the protection, conservation, development, and use of natural resources, including
554     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
555     and other natural resources; and
556          (ii) the reclamation of land, flood control, prevention and control of the pollution of
557     streams and other waters, regulation of the use of land on hillsides, stream channels and other
558     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
559     protection of watersheds and wetlands, and the mapping of known geologic hazards;
560          (b) a public services and facilities element showing general plans for sewage, water,
561     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
562     police and fire protection, and other public services;
563          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
564     programs for:
565          (i) historic preservation;
566          (ii) the diminution or elimination of a development impediment as defined in Section
567     17C-1-102; and
568          (iii) redevelopment of land, including housing sites, business and industrial sites, and
569     public building sites;
570          (d) an economic element composed of appropriate studies and forecasts, as well as an
571     economic development plan, which may include review of existing and projected municipal
572     revenue and expenditures, revenue sources, identification of basic and secondary industry,
573     primary and secondary market areas, employment, and retail sales activity;
574          (e) recommendations for implementing all or any portion of the general plan, including
575     the use of land use ordinances, capital improvement plans, community development and
576     promotion, and any other appropriate action;
577          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
578     and
579          (g) any other element the municipality considers appropriate.
580          Section 4. Section 10-9a-530 is enacted to read:
581          10-9a-530. Regulation of building design elements prohibited -- Exceptions.
582          (1) As used in this section, "building design element" means:
583          (a) exterior color;
584          (b) type or style of exterior cladding material;
585          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
586          (d) exterior nonstructural architectural ornamentation;
587          (e) location, design, placement, or architectural styling of a window or door;
588          (f) location, design, placement, or architectural styling of a garage door, not including a
589     rear-loading garage door;
590          (g) number or type of rooms;
591          (h) interior layout of a room;
592          (i) minimum square footage over 1,000 square feet, not including a garage;
593          (j) rear yard landscaping requirements;
594          (k) minimum building dimensions; or
595          (l) Ĥ→ a requirement to install ←Ĥ front yard fencing Ĥ→ [requirements] ←Ĥ .
596          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
597     for a building design element on a one to two family dwelling or townhome.
598          (3) Subsection (2) does not apply to:
599          (a) a dwelling located within an area designated as a historic district in:
600          (i) the National Register of Historic Places;
601          (ii) the state register as defined in Section 9-8-402; or
602          (iii) a local historic district or area, or a site designated as a local landmark, created by
603     ordinance before January 1, 2021;
604          (b) an ordinance enacted as a condition for participation in the National Flood
605     Insurance Program administered by the Federal Emergency Management Agency;
606          (c) an ordinance enacted to implement the requirements of the Utah Ĥ→ Wildland ←Ĥ
606a     Urban Interface
607     Code adopted under Section 15A-2-103;
608          (d) building design elements agreed to under a development agreement;
609          (e) a dwelling located within an area that:
610          (i) is zoned primarily for residential use; and
611          (ii) was substantially developed before calendar year 1940;
612          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
613          (g) an ordinance enacted to regulate type of cladding, in response to findings or
614     evidence from the construction industry of:
615          (i) defects in the material of existing cladding; or
616          (ii) consistent defects in the installation of existing cladding; or
617          (h) a land use regulation, including a planned unit development or overlay zone, that a
618     property owner requests:
619          (i) the municipality to apply to the owner's property; and
620          (ii) in exchange for an increase in density or other benefit not otherwise available as a
621     permitted use in the zoning area or district.
622          Section 5. Section 15A-1-104 is amended to read:
623          15A-1-104. Permit approval required -- Certificate of occupancy valid.
624          (1) As used in this section:
625          (a) "Compliance agency" is as defined in Section 15A-1-202.
626          (b) "Project" is as defined in Section 15A-1-209.
627          (2) A compliance agency for a political subdivision may not reject a permit, or
628     otherwise withhold approval of a project whenever approval is required, for failure to comply
629     with the applicable provisions of this title unless the compliance agency:
630          (a) cites with specificity the applicable provision with which the project has failed to
631     comply; and
632          (b) describes how the project has failed to comply.
633          (3) If a compliance agency [or a], representative of a compliance agency, or building
634     inspector that has the authority to issue a certificate of occupancy under Section 10-5-132,
635     10-6-160, or 17-36-55 issues a certificate of occupancy, the [compliance agency] individual or
636     entity that issued the certificate of occupancy may not withdraw the certificate of occupancy or
637     exert additional jurisdiction over the elements of the project for which the certificate was
638     issued unless additional changes or modifications requiring a building permit are made to
639     elements of the project after the certificate was issued.
640          Section 6. Section 15A-1-202 is amended to read:
641          15A-1-202. Definitions.
642          As used in this chapter:
643          (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
644     or keeping or raising domestic animals.
645          (2) (a) "Approved code" means a code, including the standards and specifications
646     contained in the code, approved by the division under Section 15A-1-204 for use by a
647     compliance agency.
648          (b) "Approved code" does not include the State Construction Code.
649          (3) "Building" means a structure used or intended for supporting or sheltering any use
650     or occupancy and any improvements attached to it.
651          (4) "Code" means:
652          (a) the State Construction Code; or
653          (b) an approved code.
654          (5) "Commission" means the Uniform Building Code Commission created in Section
655     15A-1-203.
656          (6) "Compliance agency" means:
657          (a) an agency of the state or any of its political subdivisions which issues permits for
658     construction regulated under the codes;
659          (b) any other agency of the state or its political subdivisions specifically empowered to
660     enforce compliance with the codes; or
661          (c) any other state agency which chooses to enforce codes adopted under this chapter
662     by authority given the agency under a title other than this part and Part 3, Factory Built
663     Housing and Modular Units Administration Act.
664          (7) "Construction code" means standards and specifications published by a nationally
665     recognized code authority for use in circumstances described in Subsection 15A-1-204(1),
666     including:
667          (a) a building code;
668          (b) an electrical code;
669          (c) a residential one and two family dwelling code;
670          (d) a plumbing code;
671          (e) a mechanical code;
672          (f) a fuel gas code;
673          (g) an energy conservation code;
674          (h) a swimming pool and spa code; and
675          (i) a manufactured housing installation standard code.
676          (8) "Construction project" means the same as that term is defined in Section 38-1a-102.
677          [(8)] (9) "Executive director" means the executive director of the Department of
678     Commerce.
679          [(9)] (10) "Legislative action" includes legislation that:
680          (a) adopts a new State Construction Code;
681          (b) amends the State Construction Code; or
682          (c) repeals one or more provisions of the State Construction Code.
683          [(10)] (11) "Local regulator" means a political subdivision of the state that is
684     empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
685     and other activities subject to the codes.
686          (12) "Membrane-covered frame structure" means a nonpressurized building with a
687     structure composed of a rigid framework to support a tensioned membrane that provides a
688     weather barrier.
689          (13) "Natural disaster" means:
690          Ĥ→ [(a) an explosion;
691          (b) fire;
692          (c)] (a) ←Ĥ a flood;
693          Ĥ→ [(d)] (b) ←Ĥ a storm;
694          Ĥ→ [(e)] (c) ←Ĥ a tornado;
695          Ĥ→ [(f)] (d) ←Ĥ winds;
696          Ĥ→ [(g)] (e) ←Ĥ an earthquake;
697          Ĥ→ [(h)] (f) ←Ĥ lightning; or
698          Ĥ→ [(i)] (g) ←Ĥ any other adverse weather event.
699          [(11)] (14) "Not for human occupancy" means use of a structure for purposes other
700     than protection or comfort of human beings, but allows people to enter the structure for:
701          (a) maintenance and repair; and
702          (b) the care of livestock, crops, or equipment intended for agricultural use which are
703     kept there.
704          [(12)] (15) "Opinion" means a written, nonbinding, and advisory statement issued by
705     the commission concerning an interpretation of the meaning of the codes or the application of
706     the codes in a specific circumstance issued in response to a specific request by a party to the
707     issue.
708          (16) "Remote yurt" means a membrane-covered frame structure that:
709          (a) is no larger than 710 square feet;
710          (b) is not used as a permanent residence;
711          (c) is located in an unincorporated county area that is not zoned for residential,
712     commercial, industrial, or agricultural use;
713          (d) does not have plumbing or electricity;
714          (e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
715          (f) is registered with the local health department.
716          [(13)] (17) "State regulator" means an agency of the state which is empowered to
717     engage in the regulation of construction, alteration, remodeling, building, repair, and other
718     activities subject to the codes adopted pursuant to this chapter.
719          Section 7. Section 15A-1-204 is amended to read:
720          15A-1-204. Adoption of State Construction Code -- Amendments by commission
721     -- Approved codes -- Exemptions.
722          (1) (a) The State Construction Code is the construction codes adopted with any
723     modifications in accordance with this section that the state and each political subdivision of the
724     state shall follow.
725          (b) A person shall comply with the applicable provisions of the State Construction
726     Code when:
727          (i) new construction is involved; and
728          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
729          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
730     conservation, or reconstruction of the building; or
731          (B) changing the character or use of the building in a manner that increases the
732     occupancy loads, other demands, or safety risks of the building.
733          (c) On and after July 1, 2010, the State Construction Code is the State Construction
734     Code in effect on July 1, 2010, until in accordance with this section:
735          (i) a new State Construction Code is adopted; or
736          (ii) one or more provisions of the State Construction Code are amended or repealed in
737     accordance with this section.
738          (d) A provision of the State Construction Code may be applicable:
739          (i) to the entire state; or
740          (ii) within a county, city, or town.
741          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
742     that adopts a nationally recognized construction code with any modifications.
743          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
744     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
745     legislation.
746          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
747     the State Construction Code until, in accordance with this section, the Legislature adopts a new
748     State Construction Code by:
749          (i) adopting a new State Construction Code in its entirety; or
750          (ii) amending or repealing one or more provisions of the State Construction Code.
751          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
752     recognized construction code, the commission shall prepare a report described in Subsection
753     (4).
754          (b) For the provisions of a nationally recognized construction code that apply only to
755     detached one- and two-family dwellings and townhouses not more than three stories above
756     grade plane in height with separate means of egress and their accessory structures, the
757     commission shall:
758          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
759     second update of the nationally recognized construction code; and
760          (ii) not prepare a report described in Subsection (4) in 2018.
761          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
762     the year designated in the title of a nationally recognized construction code, the commission
763     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
764     and Labor Interim Committee that:
765          (i) states whether the commission recommends the Legislature adopt the update with
766     any modifications; and
767          (ii) describes the costs and benefits of each recommended change in the update or in
768     any modification.
769          (b) After the Business and Labor Interim Committee receives the report described in
770     Subsection (4)(a), the Business and Labor Interim Committee shall:
771          (i) study the recommendations; and
772          (ii) if the Business and Labor Interim Committee decides to recommend legislative
773     action to the Legislature, prepare legislation for consideration by the Legislature in the next
774     general session.
775          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
776     the commission is not required to submit a report described in Subsection (4), submit, in
777     accordance with Section 68-3-14, a written report to the Business and Labor Interim
778     Committee recommending whether the Legislature should amend or repeal one or more
779     provisions of the State Construction Code.
780          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
781     shall describe the costs and benefits of each proposed amendment or repeal.
782          (b) The commission may recommend legislative action related to the State
783     Construction Code:
784          (i) on its own initiative;
785          (ii) upon the recommendation of the division; or
786          (iii) upon the receipt of a request by one of the following that the commission
787     recommend legislative action related to the State Construction Code:
788          (A) a local regulator;
789          (B) a state regulator;
790          (C) a state agency involved with the construction and design of a building;
791          (D) the Construction Services Commission;
792          (E) the Electrician Licensing Board;
793          (F) the Plumbers Licensing Board; or
794          (G) a recognized construction-related association.
795          (c) If the Business and Labor Interim Committee decides to recommend legislative
796     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
797     for consideration by the Legislature in the next general session.
798          (6) (a) Notwithstanding the provisions of this section, the commission may, in
799     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
800     Construction Code if the commission determines that waiting for legislative action in the next
801     general legislative session would:
802          (i) cause an imminent peril to the public health, safety, or welfare; or
803          (ii) place a person in violation of federal or other state law.
804          (b) If the commission amends the State Construction Code in accordance with this
805     Subsection (6), the commission shall file with the division:
806          (i) the text of the amendment to the State Construction Code; and
807          (ii) an analysis that includes the specific reasons and justifications for the commission's
808     findings.
809          (c) If the State Construction Code is amended under this Subsection (6), the division
810     shall:
811          (i) publish the amendment to the State Construction Code in accordance with Section
812     15A-1-205; and
813          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
814     Business and Labor Interim Committee containing the amendment to the State Construction
815     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
816          (d) If not formally adopted by the Legislature at the next annual general session, an
817     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
818     immediately following the next annual general session that follows the adoption of the
819     amendment.
820          (7) (a) The division, in consultation with the commission, may approve, without
821     adopting, one or more approved codes, including a specific edition of a construction code, for
822     use by a compliance agency.
823          (b) If the code adopted by a compliance agency is an approved code described in
824     Subsection (7)(a), the compliance agency may:
825          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
826          (ii) adopt, by ordinance or rule, a dangerous building code; or
827          (iii) adopt, by ordinance or rule, a building rehabilitation code.
828          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
829     state law, a state executive branch entity or political subdivision of the state may not, after
830     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
831     specifically addressed by, and that is more restrictive than, the State Construction Code.
832          (9) A state executive branch entity or political subdivision of the state may:
833          (a) enforce a federal law or regulation;
834          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
835     requirement applies only to a facility or construction owned or used by a state entity or a
836     political subdivision of the state; or
837          (c) enforce a rule, ordinance, or requirement:
838          (i) that the state executive branch entity or political subdivision adopted or made
839     effective before July 1, 2015; and
840          (ii) for which the state executive branch entity or political subdivision can demonstrate,
841     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
842     individual from a condition likely to cause imminent injury or death.
843          (10) The Department of Health or the Department of Environmental Quality may
844     enforce a rule or requirement adopted before January 1, 2015.
845          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
846     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
847     than 1,500 square feet and used solely for the type of sales described in Subsection
848     59-12-104(20), is exempt from the requirements of the State Construction Code.
849          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
850     electrical, and mechanical permit may be required when that work is included in a structure
851     described in Subsection (11)(a).
852          (ii) Unless located in whole or in part in an agricultural protection area created under
853     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
854     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
855     the structure is located on land that is:
856          (A) within the boundaries of a city or town, and less than five contiguous acres; or
857          (B) within a subdivision for which the county has approved a subdivision plat under
858     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
859          [(12) (a) As used in this Subsection (12):]
860          [(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
861     structure is composed of a rigid framework to support a tensioned membrane that provides the
862     weather barrier.]
863          [(ii) "Remote yurt" means a membrane-covered frame structure that:]
864          [(A) is no larger than 710 square feet;]
865          [(B) is not used as a permanent residence;]
866          [(C) is located in an unincorporated county area that is not zoned for residential,
867     commercial, industrial, or agricultural use;]
868          [(D) does not have plumbing or electricity;]
869          [(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
870     and]
871          [(F) registers with the local health department.]
872          [(b)] (12) (a) A remote yurt is exempt from the State Construction Code including the
873     permit requirements of the State Construction Code.
874          [(c)] (b) Notwithstanding Subsection (12)[(b)](a), a county may by ordinance require
875     remote yurts to comply with the State Construction Code, if the ordinance requires the remote
876     yurts to comply with all of the following:
877          (i) the State Construction Code;
878          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
879          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
880     made under that chapter, and local health department's jurisdiction over onsite wastewater
881     disposal.
882          (13) (a) Subsection (1)(b) does not apply to a person repairing damage to an existing
883     structure caused by a natural disaster, if the sole purpose of the repairs is to restore the structure
884     to the same or substantially the same condition as before the natural disaster.
885          (b) Subject to Subsection (13)(c), the permit requirements of the State Construction
886     Code do not apply to a construction project involving repairs to an existing structure described
887     in Subsection (13)(a).
888          (c) Upon the completion of a construction project involving repairs to an existing
889     structure described in Subsection (13)(a), the owner of the structure shall ensure that the
890     structure, to determine compliance with Subsection (13)(a), is inspected by:
891          (i) the local regulator within the political subdivision in which the construction project
892     takes place; or
893          (ii) a licensed building inspector, as defined in Section 10-6-160, in accordance with:
894          (A) Subsection 10-5-132(6), if the local regulator described in Subsection (13)(c)(i) is
895     a town;
896          (B) Subsection 10-6-160(6), if the local regulator described in Subsection (13)(c)(i) is a
897     city; or
898          (C) Subsection 17-36-55(6), if the local regulator described in Subsection (13)(c)(i) is a
899     county.
900          Section 8. Section 15A-3-102 is amended to read:
901          15A-3-102. Amendments to Chapters 1 through 3 of IBC.
902          (1) IBC, Section 106, is deleted.
903          (2) In IBC, Section 110, a new section is added as follows: " 110.3.5.1,
904     Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
905     exterior wall envelope as required by Section 1404.2, and flashing as required by Section
906     1404.4 to prevent water from entering the weather-resistive barrier."
907          (3) In IBC, Section 111.2, a new exception is added as follows: "Exception: A licensed
908     building inspector who conducts an inspection on behalf of the owner or the owner's authorized
909     agent in accordance with Utah Code, Section 10-5-132, 10-6-160, or 17-36-55 may issue a
910     certificate of occupancy."
911          [(3)] (4) IBC, Section 115.1, is deleted and replaced with the following: "115.1
912     Authority. Whenever the building official finds any work regulated by this code being
913     performed in a manner either contrary to the provisions of this code or other pertinent laws or
914     ordinances or is dangerous or unsafe, the building official is authorized to stop work."
915          [(4)] (5) In IBC, Section 202, the following definition is added for Ambulatory
916     Surgical Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building
917     licensed by the Utah Department of Health where procedures are performed that may render
918     patients incapable of self preservation where care is less than 24 hours. See Utah
919     Administrative Code R432-13."
920          [(5)] (6) In IBC, Section 202, the following definition is added for Assisted Living
921     Facility: "ASSISTED LIVING FACILITY. See Residential Treatment/Support Assisted Living
922     Facility, Type I Assisted Living Facility, and Type II Assisted Living Facility."
923          [(6)] (7) In IBC, Section 202, the definition for Foster Care Facilities is modified by
924     deleting the word "Foster" and replacing it with the word "Child."
925          (8) In IBC, Section 202, the following definition is added for Licensed Building
926     Inspector: "LICENSED BUILDING INSPECTOR. An individual who is licensed by the Utah
927     Division of Occupational and Professional Licensing under Utah Code, Title 58, Chapter 56,
928     Building Inspector and Factory Built Housing Licensing Act, and is covered by liability
929     insurance when providing private services as a licensed building inspector."
930          [(7)] (9) In IBC, Section 202, the definition for "[F]Record Drawings" is modified by
931     deleting the words "a fire alarm system" and replacing them with "any fire protection system."
932          [(8)] (10) In IBC, Section 202, the following definition is added for Residential
933     Treatment/Support Assisted Living Facility: "RESIDENTIAL TREATMENT/SUPPORT
934     ASSISTED LIVING FACILITY. A residential facility that provides a group living
935     environment for four or more residents licensed by the Department of Human Services, and
936     provides a protected living arrangement for ambulatory, non-restrained persons who are
937     capable of achieving mobility sufficient to exit the facility without the physical assistance of
938     another person."
939          [(9)] (11) In IBC, Section 202, the following definition is added for Type I Assisted
940     Living Facility: "TYPE I ASSISTED LIVING FACILITY. A residential facility licensed by the
941     Department of Health that provides a protected living arrangement, assistance with activities of
942     daily living and social care to two or more ambulatory, non-restrained persons who are capable
943     of mobility sufficient to exit the facility without the assistance of another person. Subcategories
944     are:
945          Limited Capacity: two to five residents;
946          Small: six to sixteen residents; and
947          Large: over sixteen residents."
948          [(10)] (12) In IBC, Section 202, the following definition is added for Type II Assisted
949     Living Facility: "TYPE II ASSISTED LIVING FACILITY. A residential facility licensed by
950     the Department of Health that provides an array of coordinated supportive personal and health
951     care services to two or more residents who are:
952          A. Physically disabled but able to direct his or her own care; or
953          B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
954     to a zone or area of safety, with the physical assistance of one person. Subcategories are:
955          Limited Capacity: two to five residents;
956          Small: six to sixteen residents; and
957          Large: over sixteen residents."
958          [(11)] (13) In IBC, Section 305.2, the following changes are made:
959          (a) delete the words "more than five children older than 2 1/2 years of age" and replace
960     with the words "five or more children 2 years of age or older";
961          (b) after the word "supervision" insert the words "child care services"; and
962          (c) add the following sentence at the end of the paragraph: "See Section 429, Day Care,
963     for special requirements for day care."
964          [(12)] (14) In IBC, Section 305.2.2 and 305.2.3, the word "five" is deleted and replaced
965     with the word "four" in all places.
966          [(13)] (15) A new IBC Section 305.2.4 is added as follows: "305.2.4 Child day care --
967     residential child care certificate or a license. Areas used for child day care purposes with a
968     residential child care certificate, as described in Utah Administrative Code, R430-50,
969     Residential Certificate Child Care, or a residential child care license, as described in Utah
970     Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
971     R-3 occupancy as provided in Sections 310.3 and 310.4 comply with the International
972     Residential Code in accordance with Section R101.2."
973          [(14)] (16) A new IBC Section 305.2.5 is added as follows: "305.2.5 Child care
974     centers. Each of the following areas may be classified as accessory occupancies, if the area
975     complies with Section 508.2:
976          1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
977     Hourly Child Care Centers;
978          2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
979     Centers; and
980          3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
981     Out of School Time Child Care Programs."
982          [(15)] (17) In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives,
983     Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
984          [(16)] (18) In IBC, Section 308.2, in the list of items under "This group shall include,"
985     the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted
986     living facilities."
987          [(17)] (19) In IBC, Section 308.2.4, all of the words after the first International
988     Residential Code are deleted.
989          [(18)] (20) A new IBC, Section 308.2.5 is added as follows:
990          "308.2.5 Group I-1 assisted living facility occupancy groups. The following occupancy
991     groups shall apply to assisted living facilities:
992          Type I assisted living facilities with seventeen or more residents are Large Facilities
993     classified as an Institutional Group I-1, Condition 1 occupancy.
994          Type II assisted living facilities with six to sixteen residents are Small Facilities
995     classified as an Institutional Group I-1, Condition 2 occupancy. See Section 202 for
996     definitions."
997          [(19)] (21) In IBC, Section 308.3 Institutional Group I-2, the following changes are
998     made:
999          (a) The words "more than five" are deleted and replaced with "four or more";
1000          (b) The group "Assisted living facilities, Type-II Large" is added to the list of groups;
1001          (c) The words "Foster care facilities" are deleted and replaced with the words "Child
1002     care facilities"; and
1003          (d) The words "(both intermediate care facilities and skilled nursing facilities)" are
1004     added after "Nursing homes."
1005          [(20)] (22) In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
1006     number "four" in each location.
1007          [(21)] (23) A new IBC, Section 308.3.3 is added as follows:
1008          "308.3.3 Group I-2 assisted living facilities. Type II assisted living facilities with
1009     seventeen or more residents are Large Facilities classified as an Institutional Group I-2,
1010     Condition 1 occupancy. See Section 202 for definitions."
1011          [(22)] (24) In IBC, Section 308.5, the words "more than five" are deleted and replaced
1012     with the words "five or more."
1013          [(23)] (25) In IBC, Section 308.5.1, the following changes are made:
1014          (a) The words "more than five" are deleted and replaced with the words "five or more."
1015          (b) The words "2-1/2 years or less of age" are deleted and replaced with "under the age
1016     of two."
1017          (c) The following sentence is added at the end: "See Section 429 for special
1018     requirements for Day Care."
1019          [(24)] (26) In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted
1020     and replaced with the words "four or fewer" in both places and the following sentence is added
1021     at the end: "See Section 429 for special requirements for Day Care."
1022          [(25)] (27) In IBC, Section 310.4, the following changes are made:
1023          (a) The words "and single family dwellings complying with the IRC" are added after
1024     "Residential Group-3 occupancies."
1025          (b) The words "Assisted Living Facilities, limited capacity" are added to the list of
1026     occupancies.
1027          [(26)] (28) In IBC, Section 310.4.1, the following changes are made:
1028          (a) The words "other than Child Care" are inserted after the words "Care facilities" in
1029     the first sentence.
1030          (b) All of the words after the first "International Residential Code" are deleted.
1031          (c) The following sentence is added at the end of the last sentence: "See Section 429
1032     for special requirements for Child Day Care."
1033          [(27)] (29) A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care.
1034     Areas used for child care purposes may be located in a residential dwelling unit under all of the
1035     following conditions and Section 429:
1036     1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
1037     authority of the Utah Fire Prevention Board.
1038     2. Use is approved by the Utah Department of Health, as enacted under the authority of the
1039     Utah Code, Title 26, Chapter 39, Utah Child Care Licensing Act, and in any of the following
1040     categories:
1041     a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
1042     b. Utah Administrative Code, R430-90, Licensed Family Child Care.
1043     3. Compliance with all zoning regulations of the local regulator."
1044          [(28)] (30) A new IBC, Section 310.4.4 is added as follows: "310.4.4 Assisted living
1045     facilities. Type I assisted living facilities with two to five residents are Limited Capacity
1046     facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
1047     International Residential Code. See Section 202 for definitions."
1048          [(29)] (31) In IBC, Section 310.5, the words "Type II Limited Capacity and Type I
1049     Small, see Section 310.5.3" are added after the words "assisted living facilities."
1050          [(30)] (32) A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4
1051     Assisted living facility occupancy groups. The following occupancy groups shall apply to
1052     Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are
1053     Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type
1054     I assisted living facilities with six to sixteen residents are Small Facilities classified as
1055     Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
1056          Section 9. Section 15A-5-104 is amended to read:
1057          15A-5-104. Exemptions from State Fire Code.
1058          (1) As used in this section, "remote yurt" means the same as that term is defined in
1059     [Subsection 15A-1-204(12)] Section 15A-1-202.
1060          (2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
1061     ordinance in accordance with Subsection 15A-1-204(12)[(c)](b).
1062          (3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
1063          Section 10. Section 17-27a-403 is amended to read:
1064          17-27a-403. Plan preparation.
1065          (1) (a) The planning commission shall provide notice, as provided in Section
1066     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
1067     plan or a comprehensive general plan amendment when the planning commission initiates the
1068     process of preparing its recommendation.
1069          (b) The planning commission shall make and recommend to the legislative body a
1070     proposed general plan for:
1071          (i) the unincorporated area within the county; or
1072          (ii) if the planning commission is a planning commission for a mountainous planning
1073     district, the mountainous planning district.
1074          (c) (i) The plan may include planning for incorporated areas if, in the planning
1075     commission's judgment, they are related to the planning of the unincorporated territory or of
1076     the county as a whole.
1077          (ii) Elements of the county plan that address incorporated areas are not an official plan
1078     or part of a municipal plan for any municipality, unless it is recommended by the municipal
1079     planning commission and adopted by the governing body of the municipality.
1080          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
1081     planning district, the plan for the mountainous planning district controls and precedes a
1082     municipal plan, if any, to which the property would be subject.
1083          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1084     and descriptive and explanatory matter, shall include the planning commission's
1085     recommendations for the following plan elements:
1086          (i) a land use element that:
1087          (A) designates the long-term goals and the proposed extent, general distribution, and
1088     location of land for housing for residents of various income levels, business, industry,
1089     agriculture, recreation, education, public buildings and grounds, open space, and other
1090     categories of public and private uses of land as appropriate; and
1091          (B) may include a statement of the projections for and standards of population density
1092     and building intensity recommended for the various land use categories covered by the plan;
1093          (ii) a transportation and traffic circulation element that:
1094          (A) provides the general location and extent of existing and proposed freeways, arterial
1095     and collector streets, public transit, active transportation facilities, and other modes of
1096     transportation that the planning commission considers appropriate;
1097          (B) addresses the county's plan for residential and commercial development around
1098     major transit investment corridors to maintain and improve the connections between housing,
1099     employment, education, recreation, and commerce; and
1100          (C) correlates with the population projections, the employment projections, and the
1101     proposed land use element of the general plan;
1102          (iii) a plan for the development of additional moderate income housing within the
1103     unincorporated area of the county or the mountainous planning district, and a plan to provide a
1104     realistic opportunity to meet the need for additional moderate income housing; and
1105          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
1106     and policies required by Subsection 17-27a-401(3).
1107          (b) In drafting the moderate income housing element, the planning commission:
1108          (i) shall consider the Legislature's determination that counties should facilitate a
1109     reasonable opportunity for a variety of housing, including moderate income housing:
1110          (A) to meet the needs of people of various income levels living, working, or desiring to
1111     live or work in the community; and
1112          (B) to allow people with various incomes to benefit from and fully participate in all
1113     aspects of neighborhood and community life; and
1114          (ii) shall include an analysis of how the county will provide a realistic opportunity for
1115     the development of moderate income housing within the planning horizon, which may include
1116     a recommendation to implement three or more of the following strategies:
1117          (A) rezone for densities necessary to assure the production of moderate income
1118     housing;
1119          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1120     construction of moderate income housing;
1121          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
1122     income housing;
1123          (D) consider county general fund subsidies or other sources of revenue to waive
1124     construction related fees that are otherwise generally imposed by the county;
1125          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
1126     residential zones;
1127          (F) allow for higher density or moderate income residential development in
1128     commercial and mixed-use zones, commercial centers, or employment centers;
1129          (G) encourage higher density or moderate income residential development near major
1130     transit investment corridors;
1131          (H) eliminate or reduce parking requirements for residential development where a
1132     resident is less likely to rely on the resident's own vehicle, such as residential development near
1133     major transit investment corridors or senior living facilities;
1134          (I) allow for single room occupancy developments;
1135          (J) implement zoning incentives for low to moderate income units in new
1136     developments;
1137          (K) utilize strategies that preserve subsidized low to moderate income units on a
1138     long-term basis;
1139          (L) preserve existing moderate income housing;
1140          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
1141     income housing;
1142          (N) participate in a community land trust program for low or moderate income
1143     housing;
1144          (O) implement a mortgage assistance program for employees of the county or of an
1145     employer that provides contracted services for the county;
1146          (P) apply for or partner with an entity that applies for state or federal funds or tax
1147     incentives to promote the construction of moderate income housing;
1148          (Q) apply for or partner with an entity that applies for programs offered by the Utah
1149     Housing Corporation within that agency's funding capacity;
1150          (R) apply for or partner with an entity that applies for affordable housing programs
1151     administered by the Department of Workforce Services;
1152          (S) apply for or partner with an entity that applies for services provided by a public
1153     housing authority to preserve and create moderate income housing;
1154          (T) apply for or partner with an entity that applies for programs administered by a
1155     metropolitan planning organization or other transportation agency that provides technical
1156     planning assistance;
1157          (U) utilize a moderate income housing set aside from a community reinvestment
1158     agency, redevelopment agency, or community development and renewal agency; and
1159          [(V) reduce residential building design elements as defined in Section 10-9a-403; and]
1160          [(W)] (V) consider any other program or strategy implemented by the county to address
1161     the housing needs of residents of the county who earn less than 80% of the area median
1162     income.
1163          (c) In drafting the land use element, the planning commission shall:
1164          (i) identify and consider each agriculture protection area within the unincorporated area
1165     of the county or mountainous planning district; and
1166          (ii) avoid proposing a use of land within an agriculture protection area that is
1167     inconsistent with or detrimental to the use of the land for agriculture.
1168          (d) In drafting the transportation and traffic circulation element, the planning
1169     commission shall:
1170          (i) consider the regional transportation plan developed by its region's metropolitan
1171     planning organization, if the relevant areas of the county are within the boundaries of a
1172     metropolitan planning organization; or
1173          (ii) consider the long-range transportation plan developed by the Department of
1174     Transportation, if the relevant areas of the county are not within the boundaries of a
1175     metropolitan planning organization.
1176          (3) The proposed general plan may include:
1177          (a) an environmental element that addresses:
1178          (i) to the extent not covered by the county's resource management plan, the protection,
1179     conservation, development, and use of natural resources, including the quality of air, forests,
1180     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1181     and
1182          (ii) the reclamation of land, flood control, prevention and control of the pollution of
1183     streams and other waters, regulation of the use of land on hillsides, stream channels and other
1184     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1185     protection of watersheds and wetlands, and the mapping of known geologic hazards;
1186          (b) a public services and facilities element showing general plans for sewage, water,
1187     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1188     police and fire protection, and other public services;
1189          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1190     programs for:
1191          (i) historic preservation;
1192          (ii) the diminution or elimination of a development impediment as defined in Section
1193     17C-1-102; and
1194          (iii) redevelopment of land, including housing sites, business and industrial sites, and
1195     public building sites;
1196          (d) an economic element composed of appropriate studies and forecasts, as well as an
1197     economic development plan, which may include review of existing and projected county
1198     revenue and expenditures, revenue sources, identification of basic and secondary industry,
1199     primary and secondary market areas, employment, and retail sales activity;
1200          (e) recommendations for implementing all or any portion of the general plan, including
1201     the use of land use ordinances, capital improvement plans, community development and
1202     promotion, and any other appropriate action;
1203          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1204     (3)(a)(i); and
1205          (g) any other element the county considers appropriate.
1206          Section 11. Section 17-27a-527 is enacted to read:
1207          17-27a-527. Regulation of building design elements prohibited -- Exceptions.
1208          (1) As used in this section, "building design element" means:
1209          (a) exterior color;
1210          (b) type or style of exterior cladding material;
1211          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1212          (d) exterior nonstructural architectural ornamentation;
1213          (e) location, design, placement, or architectural styling of a window or door;
1214          (f) location, design, placement, or architectural styling of a garage door, not including a
1215     rear-loading garage door;
1216          (g) number or type of rooms;
1217          (h) interior layout of a room;
1218          (i) minimum square footage over 1,000 square feet, not including a garage;
1219          (j) rear yard landscaping requirements;
1220          (k) minimum building dimensions; or
1221          (l) Ĥ→ a requirement to install ←Ĥ front yard fencing Ĥ→ [requirements] ←Ĥ .
1222          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
1223     building design element on a one to two family dwelling or townhome.
1224          (3) Subsection (2) does not apply to:
1225          (a) a dwelling located within an area designated as a historic district in:
1226          (i) the National Register of Historic Places;
1227          (ii) the state register as defined in Section 9-8-402; or
1228          (iii) a local historic district or area, or a site designated as a local landmark, created by
1229     ordinance before January 1, 2021;
1230          (b) an ordinance enacted as a condition for participation in the National Flood
1231     Insurance Program administered by the Federal Emergency Management Agency;
1232          (c) an ordinance enacted to implement the requirements of the Utah Ĥ→ Wildland ←Ĥ
1232a     Urban Interface
1233     Code adopted under Section 15A-2-103;
1234          (d) building design elements agreed to under a development agreement;
1235          (e) a dwelling located within an area that:
1236          (i) is zoned primarily for residential use; and
1237          (ii) was substantially developed before calendar year 1940;
1238          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1239          (g) an ordinance enacted to regulate type of cladding, in response to findings or
1240     evidence from the construction industry of:
1241          (i) defects in the material of existing cladding; or
1242          (ii) consistent defects in the installation of existing cladding; or
1243          (h) a land use regulation, including a planned unit development or overlay zone, that a
1244     property owner requests:
1245          (i) the county to apply to the owner's property; and
1246          (ii) in exchange for an increase in density or other benefit not otherwise available as a
1247     permitted use in the zoning area or district.
1248          Section 12. Section 17-36-55 is amended to read:
1249          17-36-55. Fees collected for construction approval -- Approval of plans.
1250          (1) As used in this section:
1251          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
1252          [(a)] (b) "Construction project" means the same as that term is defined in Section
1253     38-1a-102.
1254          (c) "Licensed building inspector" means an individual who is:
1255          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
1256     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
1257          (ii) covered by liability insurance when providing private services as a licensed
1258     building inspector.
1259          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
1260     accommodations to the public, including any of the following:
1261          (i) a bed and breakfast establishment;
1262          (ii) a boarding house;
1263          (iii) a dormitory;
1264          (iv) a hotel;
1265          (v) an inn;
1266          (vi) a lodging house;
1267          (vii) a motel;
1268          (viii) a resort; or
1269          (ix) a rooming house.
1270          [(c)] (e) "Planning review" means a review to verify that a county has approved the
1271     following elements of a construction project:
1272          (i) zoning;
1273          (ii) lot sizes;
1274          (iii) setbacks;
1275          (iv) easements;
1276          (v) curb and gutter elevations;
1277          (vi) grades and slopes;
1278          (vii) utilities;
1279          (viii) street names;
1280          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
1281     Interface Code adopted under Section 15A-2-103; and
1282          (x) subdivision.
1283          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a county
1284     requires to obtain a building permit from the county with a scope that may not exceed a review
1285     to verify:
1286          (A) that the construction project complies with the provisions of the State Construction
1287     Code under Title 15A, State Construction and Fire Codes Act;
1288          (B) that the construction project complies with the energy code adopted under Section
1289     15A-2-103;
1290          (C) that the construction project received a planning review;
1291          (D) that the applicant paid any required fees;
1292          (E) that the applicant obtained final approvals from any other required reviewing
1293     agencies;
1294          (F) that the construction project complies with federal, state, and local storm water
1295     protection laws;
1296          (G) that the construction project received a structural review;
1297          (H) the total square footage for each building level of finished, garage, and unfinished
1298     space; and
1299          (I) that the plans include a printed statement indicating that the actual construction will
1300     comply with applicable local ordinances and the state construction codes.
1301          (ii) "Plan review" does not mean a review of a document:
1302          (A) required to be re-submitted for a construction project other than a construction
1303     project for a one to two family dwelling or townhome if additional modifications or substantive
1304     changes are identified by the plan review;
1305          (B) submitted as part of a deferred submittal when requested by the applicant and
1306     approved by the building official; or
1307          (C) that, due to the document's technical nature or on the request of the applicant, is
1308     reviewed by a third party.
1309          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
1310     15A-1-102.
1311          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
1312     15A-1-102.
1313          [(g)] (i) "Structural review" means:
1314          (i) a review that verifies that a construction project complies with the following:
1315          (A) footing size and bar placement;
1316          (B) foundation thickness and bar placement;
1317          (C) beam and header sizes;
1318          (D) nailing patterns;
1319          (E) bearing points;
1320          (F) structural member size and span; and
1321          (G) sheathing; or
1322          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
1323     a review that a licensed engineer conducts.
1324          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
1325     training and expertise of an individual who regularly performs plan reviews.
1326          (2) (a) If a county collects a fee for the inspection of a construction project, the county
1327     shall ensure that the construction project receives a prompt inspection.
1328          (b) If a county cannot provide a building inspection within three business days after the
1329     day on which the county receives the request for the inspection[,]:
1330          (i) the county [shall] may promptly engage an independent inspector with fees
1331     collected from the applicant[.]; or
1332          (ii) the applicant may engage an independent third-party licensed building inspector to
1333     complete each required inspection on the applicant's behalf in accordance with Subsection
1334     (2)(d), if the construction project is for a one to two family dwelling or townhome.
1335          (c) If an inspector identifies one or more violations of the State Construction Code or
1336     State Fire Code during an inspection, the inspector shall give the permit holder written
1337     notification that:
1338          (i) identifies each violation;
1339          (ii) upon request by the permit holder, includes a reference to each applicable provision
1340     of the State Construction Code or State Fire Code; and
1341          (iii) is delivered:
1342          (A) in hardcopy or by electronic means; and
1343          (B) the day on which the inspection occurs.
1344          (d) (i) An applicant who engages an independent licensed building inspector to
1345     complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
1346     promptly notify the county in writing of the name and address of the licensed building
1347     inspector at the time the applicant engages the licensed building inspector.
1348          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
1349          (A) complete each required inspection of the construction project on the applicant's
1350     behalf;
1351          (B) provide written notification to the county after completing the final required
1352     inspection; and
1353          (C) issue the applicant a certificate of occupancy for the construction project.
1354          (3) (a) A county shall complete a plan review of a construction project for a one to two
1355     family dwelling or townhome by no later than 14 business days after the day on which the [plan
1356     is submitted] applicant submits a complete building permit application to the county.
1357          (b) A county shall complete a plan review of a construction project for a residential
1358     structure built under the International Building Code, not including a lodging establishment, by
1359     no later than 21 business days after the day on which the [plan is submitted] applicant submits
1360     a complete building permit application to the county.
1361          (c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
1362     before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
1363     that the county complete the plan review.
1364          (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
1365     the plan review no later than:
1366          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
1367     applicant makes the request; or
1368          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
1369     applicant makes the request.
1370          (d) An applicant may:
1371          (i) waive the plan review time requirements described in this Subsection (3); or
1372          (ii) with the county's consent, establish an alternative plan review time requirement.
1373          (4) [(a)] A county may not enforce a requirement to have a plan review if:
1374          [(i)] (a) the county does not complete the plan review within the time period described
1375     in Subsection (3)(a) or (b); [and]
1376          (b) the applicant makes a request under Subsection (3)(c)(i);
1377          (c) the county does not complete the plan review within the time period described in
1378     Subsection (3)(c)(ii); and
1379          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
1380     stamps the plan.     
1381          [(b)] (5) (a) A county may attach to a reviewed plan a list that includes:
1382          (i) items with which the county is concerned and may enforce during construction; and
1383          (ii) building code violations found in the plan.
1384          [(c)] (b) A county may not require an applicant to redraft a plan if the county requests
1385     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
1386          [(5) An applicant shall ensure that each construction project plan submitted for a plan
1387     review under this section has a statement indicating that actual construction will comply with
1388     applicable local ordinances and building codes.]
1389          (c) A county may require a single resubmittal of plans for a one or two family dwelling
1390     or townhome if the resubmission is required to address deficiencies identified by a third party
1391     review of a geotechnical report or geological report.
1392          (6) If a county charges a fee for a building permit, the county may not refuse payment
1393     of the fee at the time the applicant submits a building permit application under Subsection (3).
1394          (7) A county may not limit the number of building permit applications submitted under
1395     Subsection (3).
1396          (8) For purposes of Subsection (3), a building permit application is complete if the
1397     application contains:
1398          (a) the name, address, and contact information of:
1399          (i) the applicant; and
1400          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
1401     the construction project;
1402          (b) a site plan for the construction project that:
1403          (i) is drawn to scale;
1404          (ii) includes a north arrow and legend; and
1405          (iii) provides specifications for the following:
1406          (A) lot size and dimensions;
1407          (B) setbacks and overhangs for setbacks;
1408          (C) easements;
1409          (D) property lines;
1410          (E) topographical details, if the slope of the lot is greater than 10%;
1411          (F) retaining walls;
1412          (G) hard surface areas;
1413          (H) curb and gutter elevations as indicated in the subdivision documents;
1414          (I) utilities, including water meter and sewer lateral location;
1415          (J) street names;
1416          (K) driveway locations;
1417          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
1418     Interface Code adopted under Section 15A-2-103; and
1419          (M) the location of the nearest hydrant;
1420          (c) construction plans and drawings, including:
1421          (i) elevations, only if the construction project is new construction;
1422          (ii) floor plans for each level, including the location and size of doors and windows;
1423          (iii) foundation, structural, and framing detail; and
1424          (iv) electrical, mechanical, and plumbing design;
1425          (d) documentation of energy code compliance;
1426          (e) structural calculations, except for trusses;
1427          (f) a geotechnical report, including a slope stability evaluation and retaining wall
1428     design, if:
1429          (i) the slope of the lot is greater than 15%; and
1430          (ii) required by the county; and
1431          (g) a statement indicating that actual construction will comply with applicable local
1432     ordinances and building codes.
1433          Section 13. Section 38-1a-102 is amended to read:
1434          38-1a-102. Definitions.
1435          As used in this chapter:
1436          (1) "Alternate means" means a method of filing a legible and complete notice or other
1437     document with the registry other than electronically, as established by the division by rule.
1438          (2) "Anticipated improvement" means the improvement:
1439          (a) for which preconstruction service is performed; and
1440          (b) that is anticipated to follow the performing of preconstruction service.
1441          (3) "Applicable county recorder" means the office of the recorder of each county in
1442     which any part of the property on which a claimant claims or intends to claim a preconstruction
1443     or construction lien is located.
1444          (4) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which
1445     the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting
1446     shares or other ownership interest.
1447          (5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
1448          (6) "Compensation" means the payment of money for a service rendered or an expense
1449     incurred, whether based on:
1450          (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or
1451     percentage fee, or commission; or
1452          (b) a combination of the bases listed in Subsection (6)(a).
1453          (7) "Construction lender" means a person who makes a construction loan.
1454          (8) "Construction lien" means a lien under this chapter for construction work.
1455          (9) "Construction loan" does not include a consumer loan secured by the equity in the
1456     consumer's home.
1457          (10) "Construction project" means an improvement that is constructed pursuant to an
1458     original contract.
1459          (11) "Construction work":
1460          (a) means labor, service, material, or equipment provided for the purpose and during
1461     the process of constructing, altering, or repairing an improvement; and
1462          (b) includes scheduling, estimating, staking, supervising, managing, materials testing,
1463     inspection, observation, and quality control or assurance involved in constructing, altering, or
1464     repairing an improvement.
1465          (12) "Contestable notice" means a notice of preconstruction service under Section
1466     38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under
1467     Section 38-1a-506.
1468          (13) "Contesting person" means an owner, original contractor, subcontractor, or other
1469     interested person.
1470          (14) "Designated agent" means the third party the division contracts with as provided
1471     in Section 38-1a-202 to create and maintain the registry.
1472          (15) "Division" means the Division of Occupational and Professional Licensing created
1473     in Section 58-1-103.
1474          (16) "Entry number" means the reference number that:
1475          (a) the designated agent assigns to each notice or other document filed with the
1476     registry; and
1477          (b) is unique for each notice or other document.
1478          (17) "Final completion" means:
1479          (a) the date of issuance of a permanent certificate of occupancy by the local
1480     government entity having jurisdiction over the construction project or building inspector that
1481     has the authority to issue a certificate of occupancy for the construction project under Section
1482     10-5-132, 10-6-160, or 17-36-55, if a permanent certificate of occupancy is required;
1483          (b) the date of the final inspection of the construction work by the local government
1484     entity having jurisdiction over the construction project or building inspector described in
1485     Subsection (17)(a), if an inspection is required under a state-adopted building code applicable
1486     to the construction work, but no certificate of occupancy is required;
1487          (c) unless the owner is holding payment to ensure completion of construction work, the
1488     date on which there remains no substantial work to be completed to finish the construction
1489     work under the original contract, if a certificate of occupancy is not required and a final
1490     inspection is not required under an applicable state-adopted building code; or
1491          (d) the last date on which substantial work was performed under the original contract,
1492     if, because the original contract is terminated before completion of the construction work
1493     defined by the original contract, the local government entity having jurisdiction over the
1494     construction project or building inspector described in Subsection (17)(a) does not issue a
1495     certificate of occupancy or perform a final inspection.
1496          (18) "Final lien waiver" means a form that complies with Subsection 38-1a-802(4)(c).
1497          (19) "First preliminary notice filing" means a preliminary notice that:
1498          (a) is the earliest preliminary notice filed on the construction project for which the
1499     preliminary notice is filed;
1500          (b) is filed on a construction project that, at the time the preliminary notice is filed, has
1501     not reached final completion; and
1502          (c) is not cancelled under Section 38-1a-307.
1503          (20) "Government project-identifying information" has the same meaning as defined in
1504     Section 38-1b-102.
1505          (21) "Improvement" means:
1506          (a) a building, infrastructure, utility, or other human-made structure or object
1507     constructed on or for and affixed to real property; or
1508          (b) a repair, modification, or alteration of a building, infrastructure, utility, or object
1509     referred to in Subsection (21)(a).
1510          (22) "Interested person" means a person that may be affected by a construction project.
1511          (23) "Notice of commencement" means a notice required under Section 38-1b-201 for
1512     a government project, as defined in Section 38-1b-102.
1513          (24) "Original contract":
1514          (a) means a contract between an owner and an original contractor for preconstruction
1515     service or construction work; and
1516          (b) does not include a contract between an owner-builder and another person.
1517          (25) "Original contractor" means a person, including an owner-builder, that contracts
1518     with an owner to provide preconstruction service or construction work.
1519          (26) "Owner" means the person that owns the project property.
1520          (27) "Owner-builder" means an owner, including an owner who is also an original
1521     contractor, who:
1522          (a) contracts with one or more other persons for preconstruction service or construction
1523     work for an improvement on the owner's real property; and
1524          (b) obtains a building permit for the improvement.
1525          (28) "Preconstruction lien" means a lien under this chapter for a preconstruction
1526     service.
1527          (29) "Preconstruction service":
1528          (a) means to plan or design, or to assist in the planning or design of, an improvement or
1529     a proposed improvement:
1530          (i) before construction of the improvement commences; and
1531          (ii) for compensation separate from any compensation paid or to be paid for
1532     construction work for the improvement; and
1533          (b) includes consulting, conducting a site investigation or assessment, programming,
1534     preconstruction cost or quantity estimating, preconstruction scheduling, performing a
1535     preconstruction construction feasibility review, procuring construction services, and preparing
1536     a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan,
1537     drawing, specification, or contract document.
1538          (30) "Private project" means a construction project that is not a government project.
1539          (31) "Project property" means the real property on or for which preconstruction service
1540     or construction work is or will be provided.
1541          (32) "Registry" means the State Construction Registry under Part 2, State Construction
1542     Registry.
1543          (33) "Required notice" means:
1544          (a) a notice of preconstruction service under Section 38-1a-401;
1545          (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
1546          (c) a notice of commencement;
1547          (d) a notice of construction loan under Section 38-1a-601;
1548          (e) a notice under Section 38-1a-602 concerning a construction loan default;
1549          (f) a notice of intent to obtain final completion under Section 38-1a-506; or
1550          (g) a notice of completion under Section 38-1a-507.
1551          (34) "Subcontractor" means a person that contracts to provide preconstruction service
1552     or construction work to:
1553          (a) a person other than the owner; or
1554          (b) the owner, if the owner is an owner-builder.
1555          (35) "Substantial work" does not include repair work or warranty work.
1556          (36) "Supervisory subcontractor" means a person that:
1557          (a) is a subcontractor under contract to provide preconstruction service or construction
1558     work; and
1559          (b) contracts with one or more other subcontractors for the other subcontractor or
1560     subcontractors to provide preconstruction service or construction work that the person is under
1561     contract to provide.
1562          Section 14. Section 78B-2-225 is amended to read:
1563          78B-2-225. Actions related to improvements in real property.
1564          (1) As used in this section:
1565          (a) "Abandonment" means that there has been no design or construction activity on an
1566     improvement for a continuous period of at least one year.
1567          (b) "Action" means any claim for judicial, arbitral, or administrative relief for acts,
1568     errors, omissions, or breach of duty arising out of or related to the design, construction, or
1569     installation of an improvement, regardless of whether that action is based in tort, contract,
1570     warranty, strict liability, product liability, indemnity, contribution, or other source of law.
1571          (c) "Completion" means the date of substantial completion of an improvement to real
1572     property as established by the earliest of:
1573          (i) a [Certificate of Substantial Completion] certificate of substantial completion;
1574          (ii) a [Certificate of Occupancy] certificate of occupancy issued by a governing agency
1575     or building inspector that has the authority to issue the certificate of occupancy under Section
1576     10-5-132, 10-6-160, or 17-36-55; or
1577          (iii) the date of first use or possession of the improvement.
1578          (d) "Improvement" means any building, structure, infrastructure, road, utility, or other
1579     similar man-made change, addition, modification, or alteration to real property.
1580          (e) "Person" means an individual, corporation, limited liability company, partnership,
1581     joint venture, association, proprietorship, or any other legal or governmental entity.
1582          (f) "Provider" means any person:
1583          (i) contributing to, providing, or performing:
1584          (A) studies, plans, specifications, drawings, designs, value engineering, cost or quantity
1585     estimates, surveys, staking, construction, installation, or labor to an improvement; or
1586          (B) the review, observation, administration, management, supervision, inspections, and
1587     tests of construction for or in relation to an improvement; or
1588          (ii) providing or contributing materials, products, or equipment that is incorporated
1589     into an improvement.
1590          (2) The Legislature finds that:
1591          (a) exposing a provider to suits and liability for acts, errors, omissions, or breach of
1592     duty after the possibility of injury or damage has become highly remote and unexpectedly
1593     creates costs and hardships to the provider and the citizens of the state;
1594          (b) these costs and hardships include liability insurance costs, records storage costs,
1595     undue and unlimited liability risks during the life of both a provider and an improvement, and
1596     difficulties in defending against claims many years after completion of an improvement;
1597          (c) these costs and hardships constitute clear social and economic evils;
1598          (d) the possibility of injury and damage becomes highly remote and unexpected seven
1599     years following completion or abandonment; and
1600          (e) except as provided in Subsection (7), it is in the best interests of the citizens of the
1601     state to impose the periods of limitation and repose provided in this chapter upon all causes of
1602     action by or against a provider arising out of or related to the design, construction, or
1603     installation of an improvement.
1604          (3) (a) Except as provided in Subsections (3)(b) and (c), an action by or against a
1605     provider based in contract or warranty shall be commenced within six years after the date of
1606     completion or abandonment of an improvement.
1607          (b) If a provider is required by an express term of a contract or warranty to perform an
1608     obligation later than the six-year period described in Subsection (3)(a), and the provider fails to
1609     perform the obligation as required, an action for that breach of the contract or warranty shall be
1610     commenced within two years after the day on which the breach is discovered or should have
1611     been discovered.
1612          (c) If a contract or warranty expressly establishes a different period of limitations than
1613     this section, the action shall be commenced within that limitations period.
1614          (4) (a) All other actions by or against a provider shall be commenced within two years
1615     from the earlier of the date of discovery of a cause of action or the date upon which a cause of
1616     action should have been discovered through reasonable diligence.
1617          (b) If the cause of action is discovered or discoverable before completion or
1618     abandonment of an improvement, the two-year period begins to run upon completion or
1619     abandonment.
1620          (c) Notwithstanding Subsection (4)(a), and except as provided in Subsection (4)(d), an
1621     action under this Subsection (4) may not be commenced against a provider more than nine
1622     years after completion or abandonment of an improvement.
1623          (d) If an action under Subsection (4)(a) is discovered or discoverable in the eighth or
1624     ninth year of the nine-year period, a claimant shall have two years from the date of discovery to
1625     commence an action.
1626          (5) Subsection (4) does not apply to an action against a provider:
1627          (a) who has fraudulently concealed the provider's act, error, omission, or breach of
1628     duty, or the injury, damage, or other loss caused by the provider's act, error, omission, or breach
1629     of duty; or
1630          (b) for a willful or intentional act, error, omission, or breach of duty.
1631          (6) If an individual otherwise entitled to bring an action did not commence the action
1632     within the periods prescribed by Subsections (3) and (4) solely because that individual was a
1633     minor or mentally incompetent and without a legal guardian, that individual shall have two
1634     years from the date the disability is removed to commence the action.
1635          (7) This section shall not apply to an action for the death of or bodily injury to an
1636     individual while engaged in the design, installation, or construction of an improvement.
1637          (8) This section does not apply to any action against any person in actual possession or
1638     control of the improvement as owner, tenant, or otherwise, at the time any defective or unsafe
1639     condition of the improvement proximately causes the injury for which the action is brought.
1640          (9) This section does not extend the period of limitation or repose otherwise prescribed
1641     by law or a valid and enforceable contract.
1642          (10) This section does not create or modify any claim or cause of action.
1643          (11) This section applies to all causes of action that accrue after May 3, 2003,
1644     notwithstanding that the improvement was completed or abandoned before May 3, 2004.