This document includes House Floor Amendments incorporated into the bill on Fri, Feb 26, 2021 at 3:20 PM by lfindlay.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 2, 2021 at 6:58 PM by lpoole.
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: Scott D. Sandall

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          58-56-2, as enacted by Laws of Utah 1989, Chapter 269
41          78B-2-225, as last amended by Laws of Utah 2020, Chapter 97
42     ENACTS:
43          10-9a-530, Utah Code Annotated 1953
44          17-27a-527, Utah Code Annotated 1953
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 10-5-132 is amended to read:
48          10-5-132. Fees collected for construction approval -- Approval of plans.
49          (1) As used in this section:
50          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
51          [(a)] (b) "Construction project" means the same as that term is defined in Section
52     38-1a-102.
53          (c) "Licensed building inspector" means an individual who is:
54          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
55     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
56          (ii) covered by liability insurance when providing private services as a licensed
57     building inspector, in an amount established in rules made by the Division of Occupational and
58     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
59     Rulemaking Act.
60          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
61     accommodations to the public, including any of the following:
62          (i) a bed and breakfast establishment;
63          (ii) a boarding house;
64          (iii) a dormitory;
65          (iv) a hotel;
66          (v) an inn;
67          (vi) a lodging house;
68          (vii) a motel;
69          (viii) a resort; or
70          (ix) a rooming house.
71          [(c)] (e) "Planning review" means a review to verify that a town has approved the
72     following elements of a construction project:
73          (i) zoning;
74          (ii) lot sizes;
75          (iii) setbacks;
76          (iv) easements;
77          (v) curb and gutter elevations;
78          (vi) grades and slopes;
79          (vii) utilities;
80          (viii) street names;
81          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
82     Interface Code adopted under Section 15A-2-103; and
83          (x) subdivision.
84          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a town
85     requires to obtain a building permit from the town with a scope that may not exceed a review to
86     verify:
87          (A) that the construction project complies with the provisions of the State Construction
88     Code under Title 15A, State Construction and Fire Codes Act;
89          (B) that the construction project complies with the energy code adopted under Section
90     15A-2-103;
91          (C) that the construction project received a planning review;
92          (D) that the applicant paid any required fees;
93          (E) that the applicant obtained final approvals from any other required reviewing
94     agencies;
95          (F) that the construction project complies with federal, state, and local storm water
96     protection laws;
97          (G) that the construction project received a structural review;
98          (H) the total square footage for each building level of finished, garage, and unfinished
99     space; and
100          (I) that the plans include a printed statement indicating that the actual construction will
101     comply with applicable local ordinances and the state construction codes.
102          (ii) "Plan review" does not mean a review of a document:
103          (A) required to be re-submitted for a construction project other than a construction
104     project for a one to two family dwelling or townhome if additional modifications or substantive
105     changes are identified by the plan review;
106          (B) submitted as part of a deferred submittal when requested by the applicant and
107     approved by the building official; or
108          (C) that, due to the document's technical nature or on the request of the applicant, is
109     reviewed by a third party.
110          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
111     15A-1-102.
112          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
113     15A-1-102.
114          [(g)] (i) "Structural review" means:
115          (i) a review that verifies that a construction project complies with the following:
116          (A) footing size and bar placement;
117          (B) foundation thickness and bar placement;
118          (C) beam and header sizes;
119          (D) nailing patterns;
120          (E) bearing points;
121          (F) structural member size and span; and
122          (G) sheathing; or
123          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
124     a review that a licensed engineer conducts.
125          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
126     training and expertise of an individual who regularly performs plan reviews.
127          (2) (a) If a town collects a fee for the inspection of a construction project, the town
128     shall ensure that the construction project receives a prompt inspection.
129          (b) If a town cannot provide a building inspection within three business days after the
130     day on which the town receives the request for the inspection[,]:
131          (i) the town [shall] may promptly engage an independent inspector with fees collected
132     from the applicant[.]; or
133          (ii) the applicant may engage an independent third-party licensed building inspector to
134     complete each required inspection on the applicant's behalf in accordance with Subsection
135     (2)(d), if the construction project is for a one to two family dwelling or townhome.
136          (c) If an inspector identifies one or more violations of the State Construction Code or
137     State Fire Code during an inspection, the inspector shall give the permit holder written
138     notification that:
139          (i) identifies each violation;
140          (ii) upon request by the permit holder, includes a reference to each applicable provision
141     of the State Construction Code or State Fire Code; and
142          (iii) is delivered:
143          (A) in hardcopy or by electronic means; and
144          (B) the day on which the inspection occurs.
145          (d) (i) An applicant who engages an independent third-party licensed building inspector
146     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
147     promptly notify the town in writing of the name and address of the licensed building inspector
148     at the time the applicant engages the licensed building inspector.
149          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
150          (A) complete each required inspection of the construction project on the applicant's
151     behalf;
152          (B) provide written notification to the town after completing the final required
153     inspection; and
154          (C) issue the applicant a certificate of occupancy for the construction project.
155          (3) (a) A town shall complete a plan review of a construction project for a one to two
156     family dwelling or townhome by no later than 14 business days after the day on which the [plan
157     is submitted] applicant submits a complete building permit application to the town.
158          (b) A town shall complete a plan review of a construction project for a residential
159     structure built under the International Building Code, not including a lodging establishment, by
160     no later than 21 business days after the day on which the [plan is submitted] applicant submits
161     a complete building permit application to the town.
162          (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
163     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
164     town complete the plan review.
165          (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
166     the plan review no later than:
167          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
168     applicant makes the request; or
169          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
170     applicant makes the request.
171          (d) An applicant may:
172          (i) waive the plan review time requirements described in this Subsection (3); or
173          (ii) with the town's consent, establish an alternative plan review time requirement.
174          (4) [(a)] A town may not enforce a requirement to have a plan review if:
175          [(i)] (a) the town does not complete the plan review within the time period described in
176     Subsection (3)(a) or (b); [and]
177          (b) the applicant makes a request under Subsection (3)(c)(i);
178          (c) the town does not complete the plan review within the time period described in
179     Subsection (3)(c)(ii); and
180          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
181     stamps the plan.     
182          [(b)] (5) (a) A town may attach to a reviewed plan a list that includes:
183          (i) items with which the town is concerned and may enforce during construction; and
184          (ii) building code violations found in the plan.
185          [(c)] (b) A town may not require an applicant to redraft a plan if the town requests
186     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
187          [(5) An applicant shall ensure that each construction project plan submitted for a plan
188     review under this section has a statement indicating that actual construction will comply with
189     applicable local ordinances and building codes.]
190          (c) A town may require a single resubmittal of plans for a one or two family dwelling
191     or townhome if the resubmission is required to address deficiencies identified by a third-party
192     review of a geotechnical report or geological report.
193          (6) If a town charges a fee for a building permit, the town may not refuse payment of
194     the fee at the time the applicant submits a building permit application under Subsection (3).
195          (7) A town may not limit the number of building permit applications submitted under
196     Subsection (3).
197          (8) For purposes of Subsection (3), a building permit application is complete if the
198     application contains:
199          (a) the name, address, and contact information of:
200          (i) the applicant; and
201          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
202     the construction project;
203          (b) a site plan for the construction project that:
204          (i) is drawn to scale;
205          (ii) includes a north arrow and legend; and
206          (iii) provides specifications for the following:
207          (A) lot size and dimensions;
208          (B) setbacks and overhangs for setbacks;
209          (C) easements;
210          (D) property lines;
211          (E) topographical details, if the slope of the lot is greater than 10%;
212          (F) retaining walls;
213          (G) hard surface areas;
214          (H) curb and gutter elevations as indicated in the subdivision documents;
215          (I) utilities, including water meter and sewer lateral location;
216          (J) street names;
217          (K) driveway locations;
218          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
219     Interface Code adopted under Section 15A-2-103; and
220          (M) the location of the nearest hydrant;
221          (c) construction plans and drawings, including:
222          (i) elevations, only if the construction project is new construction;
223          (ii) floor plans for each level, including the location and size of doors and windows;
224          (iii) foundation, structural, and framing detail; and
225          (iv) electrical, mechanical, and plumbing design;
226          (d) documentation of energy code compliance;
227          (e) structural calculations, except for trusses;
228          (f) a geotechnical report, including a slope stability evaluation and retaining wall
229     design, if:
230          (i) the slope of the lot is greater than 15%; and
231          (ii) required by the town; and
232          (g) a statement indicating that actual construction will comply with applicable local
233     ordinances and building codes.
234          Section 2. Section 10-6-160 is amended to read:
235          10-6-160. Fees collected for construction approval -- Approval of plans.
236          (1) As used in this section:
237          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
238          [(a)] (b) "Construction project" means the same as that term is defined in Section
239     38-1a-102.
240          (c) "Licensed building inspector" means an individual who is:
241          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
242     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
243          (ii) covered by liability insurance when providing private services as a licensed
244     building inspector, in an amount established in rules made by the Division of Occupational and
245     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
246     Rulemaking Act.
247          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
248     accommodations to the public, including any of the following:
249          (i) a bed and breakfast establishment;
250          (ii) a boarding house;
251          (iii) a dormitory;
252          (iv) a hotel;
253          (v) an inn;
254          (vi) a lodging house;
255          (vii) a motel;
256          (viii) a resort; or
257          (ix) a rooming house.
258          [(c)] (e) "Planning review" means a review to verify that a city has approved the
259     following elements of a construction project:
260          (i) zoning;
261          (ii) lot sizes;
262          (iii) setbacks;
263          (iv) easements;
264          (v) curb and gutter elevations;
265          (vi) grades and slopes;
266          (vii) utilities;
267          (viii) street names;
268          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
269     Interface Code adopted under Section 15A-2-103; and
270          (x) subdivision.
271          [(d)] (f) (i) " Plan review" means all of the reviews and approvals of a plan that a city
272     requires to obtain a building permit from the city with a scope that may not exceed a review to
273     verify:
274          (A) that the construction project complies with the provisions of the State Construction
275     Code under Title 15A, State Construction and Fire Codes Act;
276          (B) that the construction project complies with the energy code adopted under Section
277     15A-2-103;
278          (C) that the construction project received a planning review;
279          (D) that the applicant paid any required fees;
280          (E) that the applicant obtained final approvals from any other required reviewing
281     agencies;
282          (F) that the construction project complies with federal, state, and local storm water
283     protection laws;
284          (G) that the construction project received a structural review;
285          (H) the total square footage for each building level of finished, garage, and unfinished
286     space; and
287          (I) that the plans include a printed statement indicating that the actual construction will
288     comply with applicable local ordinances and the state construction codes.
289          (ii) "Plan review" does not mean a review of a document:
290          (A) required to be re-submitted for a construction project other than a construction
291     project for a one to two family dwelling or townhome if additional modifications or substantive
292     changes are identified by the plan review;
293          (B) submitted as part of a deferred submittal when requested by the applicant and
294     approved by the building official; or
295          (C) that, due to the document's technical nature or on the request of the applicant, is
296     reviewed by a third party.
297          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
298     15A-1-102.
299          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
300     15A-1-102.
301          [(g)] (i) "Structural review" means:
302          (i) a review that verifies that a construction project complies with the following:
303          (A) footing size and bar placement;
304          (B) foundation thickness and bar placement;
305          (C) beam and header sizes;
306          (D) nailing patterns;
307          (E) bearing points;
308          (F) structural member size and span; and
309          (G) sheathing; or
310          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
311     a review that a licensed engineer conducts.
312          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
313     training and expertise of an individual who regularly performs plan reviews.
314          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
315     ensure that the construction project receives a prompt inspection.
316          (b) If a city cannot provide a building inspection within three business days after the
317     day on which the city receives the request for the inspection[,]:
318          (i) the city [shall] may promptly engage an independent inspector with fees collected
319     from the applicant[.]; or
320          (ii) the applicant may engage an independent third-party licensed building inspector to
321     complete each required inspection on the applicant's behalf in accordance with Subsection
322     (2)(d), if the construction project is for a one to two family dwelling or townhome.
323          (c) If an inspector identifies one or more violations of the State Construction Code or
324     State Fire Code during an inspection, the inspector shall give the permit holder written
325     notification that:
326          (i) identifies each violation;
327          (ii) upon request by the permit holder, includes a reference to each applicable provision
328     of the State Construction Code or State Fire Code; and
329          (iii) is delivered:
330          (A) in hardcopy or by electronic means; and
331          (B) the day on which the inspection occurs.
332          (d) (i) An applicant who engages an independent third-party licensed building inspector
333     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
334     promptly notify the city in writing of the name and address of the licensed building inspector at
335     the time the applicant engages the licensed building inspector.
336          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
337          (A) complete each required inspection of the construction project on the applicant's
338     behalf;
339          (B) provide written notification to the city after completing the final required
340     inspection; and
341          (C) issue the applicant a certificate of occupancy for the construction project.
342          (3) (a) A city shall complete a plan review of a construction project for a one to two
343     family dwelling or townhome by no later than 14 business days after the day on which the [plan
344     is submitted] applicant submits a complete building permit application to the city.
345          (b) A city shall complete a plan review of a construction project for a residential
346     structure built under the International Building Code, not including a lodging establishment, by
347     no later than 21 business days after the day on which the [plan is submitted] applicant submits
348     a complete building permit application to the city.
349          (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
350     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
351     city complete the plan review.
352          (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
353     plan review no later than:
354          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
355     applicant makes the request; or
356          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
357     applicant makes the request.
358          (d) An applicant may:
359          (i) waive the plan review time requirements described in this Subsection (3); or
360          (ii) with the city's consent, establish an alternative plan review time requirement.
361          (4) [(a)] A city may not enforce a requirement to have a plan review if:
362          [(i)] (a) the city does not complete the plan review within the time period described in
363     Subsection (3)(a) or (b); [and]
364          (b) the applicant makes a request under Subsection (3)(c)(i);
365          (c) the city does not complete the plan review within the time period described in
366     Subsection (3)(c)(ii); and
367          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
368     stamps the plan.     
369          [(b)] (5) (a) A city may attach to a reviewed plan a list that includes:
370          (i) items with which the city is concerned and may enforce during construction; and
371          (ii) building code violations found in the plan.
372          [(c)] (b) A city may not require an applicant to redraft a plan if the city requests minor
373     changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
374          [(5) An applicant shall ensure that each construction project plan submitted for a plan
375     review under this section has a statement indicating that actual construction will comply with
376     applicable local ordinances and building codes.]
377          (c) A city may require a single resubmittal of plans for a one or two family dwelling or
378     townhome if the resubmission is required to address deficiencies identified by a third-party
379     review of a geotechnical report or geological report.
380          (6) If a city charges a fee for a building permit, the city may not refuse payment of the
381     fee at the time the applicant submits a building permit application under Subsection (3).
382          (7) A city may not limit the number of building permit applications submitted under
383     Subsection (3).
384          (8) For purposes of Subsection (3), a building permit application is complete if the
385     application contains:
386          (a) the name, address, and contact information of:
387          (i) the applicant; and
388          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
389     the construction project;
390          (b) a site plan for the construction project that:
391          (i) is drawn to scale;
392          (ii) includes a north arrow and legend; and
393          (iii) provides specifications for the following:
394          (A) lot size and dimensions;
395          (B) setbacks and overhangs for setbacks;
396          (C) easements;
397          (D) property lines;
398          (E) topographical details, if the slope of the lot is greater than 10%;
399          (F) retaining walls;
400          (G) hard surface areas;
401          (H) curb and gutter elevations as indicated in the subdivision documents;
402          (I) utilities, including water meter and sewer lateral location;
403          (J) street names;
404          (K) driveway locations;
405          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
406     Interface Code adopted under Section 15A-2-103; and
407          (M) the location of the nearest hydrant;
408          (c) construction plans and drawings, including:
409          (i) elevations, only if the construction project is new construction;
410          (ii) floor plans for each level, including the location and size of doors and windows;
411          (iii) foundation, structural, and framing detail; and
412          (iv) electrical, mechanical, and plumbing design;
413          (d) documentation of energy code compliance;
414          (e) structural calculations, except for trusses;
415          (f) a geotechnical report, including a slope stability evaluation and retaining wall
416     design, if:
417          (i) the slope of the lot is greater than 15%; and
418          (ii) required by the city; and
419          (g) a statement indicating that actual construction will comply with applicable local
420     ordinances and building codes.
421          Section 3. Section 10-9a-403 is amended to read:
422          10-9a-403. General plan preparation.
423          [(1) (a) As used in this section, "residential building design element" means for a
424     single-family residential building:]
425          [(i) exterior building color;]
426          [(ii) type or style of exterior cladding material;]
427          [(iii) style or materials of a roof structure, roof pitch, or porch;]
428          [(iv) exterior nonstructural architectural ornamentation;]
429          [(v) location, design, placement, or architectural styling of a window or door, including
430     a garage door;]
431          [(vi) the number or type of rooms;]
432          [(vii) the interior layout of a room; or]
433          [(viii) the minimum square footage of a structure.]
434          [(b) "Residential building design element" does not include for a single-family
435     residential building:]
436          [(i) the height, bulk, orientation, or location of a structure on a lot; or]
437          [(ii) buffering or screening used to:]
438          [(A) minimize visual impacts;]
439          [(B) mitigate the impacts of light or noise; or]
440          [(C) protect the privacy of neighbors.]
441          [(2)] (1) (a) The planning commission shall provide notice, as provided in Section
442     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
443     general plan or a comprehensive general plan amendment when the planning commission
444     initiates the process of preparing its recommendation.
445          (b) The planning commission shall make and recommend to the legislative body a
446     proposed general plan for the area within the municipality.
447          (c) The plan may include areas outside the boundaries of the municipality if, in the
448     planning commission's judgment, those areas are related to the planning of the municipality's
449     territory.
450          (d) Except as otherwise provided by law or with respect to a municipality's power of
451     eminent domain, when the plan of a municipality involves territory outside the boundaries of
452     the municipality, the municipality may not take action affecting that territory without the
453     concurrence of the county or other municipalities affected.
454          [(3)] (2) (a) At a minimum, the proposed general plan, with the accompanying maps,
455     charts, and descriptive and explanatory matter, shall include the planning commission's
456     recommendations for the following plan elements:
457          (i) a land use element that:
458          (A) designates the long-term goals and the proposed extent, general distribution, and
459     location of land for housing for residents of various income levels, business, industry,
460     agriculture, recreation, education, public buildings and grounds, open space, and other
461     categories of public and private uses of land as appropriate; and
462          (B) may include a statement of the projections for and standards of population density
463     and building intensity recommended for the various land use categories covered by the plan;
464          (ii) a transportation and traffic circulation element that:
465          (A) provides the general location and extent of existing and proposed freeways, arterial
466     and collector streets, public transit, active transportation facilities, and other modes of
467     transportation that the planning commission considers appropriate;
468          (B) for a municipality that has access to a major transit investment corridor, addresses
469     the municipality's plan for residential and commercial development around major transit
470     investment corridors to maintain and improve the connections between housing, employment,
471     education, recreation, and commerce;
472          (C) for a municipality that does not have access to a major transit investment corridor,
473     addresses the municipality's plan for residential and commercial development in areas that will
474     maintain and improve the connections between housing, transportation, employment,
475     education, recreation, and commerce; and
476          (D) correlates with the population projections, the employment projections, and the
477     proposed land use element of the general plan; and
478          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
479     realistic opportunity to meet the need for additional moderate income housing.
480          (b) In drafting the moderate income housing element, the planning commission:
481          (i) shall consider the Legislature's determination that municipalities shall facilitate a
482     reasonable opportunity for a variety of housing, including moderate income housing:
483          (A) to meet the needs of people of various income levels living, working, or desiring to
484     live or work in the community; and
485          (B) to allow people with various incomes to benefit from and fully participate in all
486     aspects of neighborhood and community life;
487          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
488     how the municipality will provide a realistic opportunity for the development of moderate
489     income housing within the next five years;
490          (iii) for a town, may include, and for other municipalities, shall include, a
491     recommendation to implement three or more of the following strategies:
492          (A) rezone for densities necessary to assure the production of moderate income
493     housing;
494          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
495     construction of moderate income housing;
496          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
497     income housing;
498          (D) consider general fund subsidies or other sources of revenue to waive construction
499     related fees that are otherwise generally imposed by the city;
500          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
501     residential zones;
502          (F) allow for higher density or moderate income residential development in
503     commercial and mixed-use zones, commercial centers, or employment centers;
504          (G) encourage higher density or moderate income residential development near major
505     transit investment corridors;
506          (H) eliminate or reduce parking requirements for residential development where a
507     resident is less likely to rely on the resident's own vehicle, such as residential development near
508     major transit investment corridors or senior living facilities;
509          (I) allow for single room occupancy developments;
510          (J) implement zoning incentives for low to moderate income units in new
511     developments;
512          (K) utilize strategies that preserve subsidized low to moderate income units on a
513     long-term basis;
514          (L) preserve existing moderate income housing;
515          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
516     income housing;
517          (N) participate in a community land trust program for low or moderate income
518     housing;
519          (O) implement a mortgage assistance program for employees of the municipality or of
520     an employer that provides contracted services to the municipality;
521          (P) apply for or partner with an entity that applies for state or federal funds or tax
522     incentives to promote the construction of moderate income housing;
523          (Q) apply for or partner with an entity that applies for programs offered by the Utah
524     Housing Corporation within that agency's funding capacity;
525          (R) apply for or partner with an entity that applies for affordable housing programs
526     administered by the Department of Workforce Services;
527          (S) apply for or partner with an entity that applies for programs administered by an
528     association of governments established by an interlocal agreement under Title 11, Chapter 13,
529     Interlocal Cooperation Act;
530          (T) apply for or partner with an entity that applies for services provided by a public
531     housing authority to preserve and create moderate income housing;
532          (U) apply for or partner with an entity that applies for programs administered by a
533     metropolitan planning organization or other transportation agency that provides technical
534     planning assistance;
535          (V) utilize a moderate income housing set aside from a community reinvestment
536     agency, redevelopment agency, or community development and renewal agency; and
537          [(W) reduce residential building design elements; and]
538          [(X)] (W) any other program or strategy implemented by the municipality to address
539     the housing needs of residents of the municipality who earn less than 80% of the area median
540     income; and
541          (iv) in addition to the recommendations required under Subsection [(3)] (2)(b)(iii), for
542     a municipality that has a fixed guideway public transit station, shall include a recommendation
543     to implement the strategies described in Subsection [(3)] (2)(b)(iii)(G) or (H).
544          (c) In drafting the land use element, the planning commission shall:
545          (i) identify and consider each agriculture protection area within the municipality; and
546          (ii) avoid proposing a use of land within an agriculture protection area that is
547     inconsistent with or detrimental to the use of the land for agriculture.
548          (d) In drafting the transportation and traffic circulation element, the planning
549     commission shall:
550          (i) consider the regional transportation plan developed by its region's metropolitan
551     planning organization, if the municipality is within the boundaries of a metropolitan planning
552     organization; or
553          (ii) consider the long-range transportation plan developed by the Department of
554     Transportation, if the municipality is not within the boundaries of a metropolitan planning
555     organization.
556          [(4)] (3) The proposed general plan may include:
557          (a) an environmental element that addresses:
558          (i) the protection, conservation, development, and use of natural resources, including
559     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
560     and other natural resources; and
561          (ii) the reclamation of land, flood control, prevention and control of the pollution of
562     streams and other waters, regulation of the use of land on hillsides, stream channels and other
563     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
564     protection of watersheds and wetlands, and the mapping of known geologic hazards;
565          (b) a public services and facilities element showing general plans for sewage, water,
566     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
567     police and fire protection, and other public services;
568          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
569     programs for:
570          (i) historic preservation;
571          (ii) the diminution or elimination of a development impediment as defined in Section
572     17C-1-102; and
573          (iii) redevelopment of land, including housing sites, business and industrial sites, and
574     public building sites;
575          (d) an economic element composed of appropriate studies and forecasts, as well as an
576     economic development plan, which may include review of existing and projected municipal
577     revenue and expenditures, revenue sources, identification of basic and secondary industry,
578     primary and secondary market areas, employment, and retail sales activity;
579          (e) recommendations for implementing all or any portion of the general plan, including
580     the use of land use ordinances, capital improvement plans, community development and
581     promotion, and any other appropriate action;
582          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
583     and
584          (g) any other element the municipality considers appropriate.
585          Section 4. Section 10-9a-530 is enacted to read:
586          10-9a-530. Regulation of building design elements prohibited -- Exceptions.
587          (1) As used in this section, "building design element" means:
588          (a) exterior color;
589          (b) type or style of exterior cladding material;
590          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
591          (d) exterior nonstructural architectural ornamentation;
592          (e) location, design, placement, or architectural styling of a window or door;
593          (f) location, design, placement, or architectural styling of a garage door, not including a
594     rear-loading garage door;
595          (g) number or type of rooms;
596          (h) interior layout of a room;
597          (i) minimum square footage over 1,000 square feet, not including a garage;
598          (j) rear yard landscaping requirements;
599          (k) minimum building dimensions; or
600          (l) a requirement to install front yard fencing.
601          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
602     for a building design element on a one to two family dwelling or townhome.
603          (3) Subsection (2) does not apply to:
604          (a) a dwelling located within an area designated as a historic district in:
605          (i) the National Register of Historic Places;
606          (ii) the state register as defined in Section 9-8-402; or
607          (iii) a local historic district or area, or a site designated as a local landmark, created by
608     ordinance before January 1, 2021;
609          (b) an ordinance enacted as a condition for participation in the National Flood
610     Insurance Program administered by the Federal Emergency Management Agency;
611          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
612     Interface Code adopted under Section 15A-2-103;
613          (d) building design elements agreed to under a development agreement;
614          (e) a dwelling located within an area that:
615          (i) is zoned primarily for residential use; and
616          (ii) was substantially developed before calendar year Ĥ→ [1940] 1950 ←Ĥ ;
617          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
618          (g) an ordinance enacted to regulate type of cladding, in response to findings or
619     evidence from the construction industry of:
620          (i) defects in the material of existing cladding; or
621          (ii) consistent defects in the installation of existing cladding; Ŝ→ [or] ←Ŝ
622          (h) a land use regulation, including a planned unit development or overlay zone, that a
623     property owner requests:
624          (i) the municipality to apply to the owner's property; and
625          (ii) in exchange for an increase in density or other benefit not otherwise available as a
626     permitted use in the zoning area or district Ŝ→ [.] ; or
626a          (i) a dwelling located in a mountainous planning district. ←Ŝ
627          Section 5. Section 15A-1-104 is amended to read:
628          15A-1-104. Permit approval required -- Certificate of occupancy valid.
629          (1) As used in this section:
630          (a) "Compliance agency" is as defined in Section 15A-1-202.
631          (b) "Project" is as defined in Section 15A-1-209.
632          (2) A compliance agency for a political subdivision may not reject a permit, or
633     otherwise withhold approval of a project whenever approval is required, for failure to comply
634     with the applicable provisions of this title unless the compliance agency:
635          (a) cites with specificity the applicable provision with which the project has failed to
636     comply; and
637          (b) describes how the project has failed to comply.
638          (3) If a compliance agency [or a], representative of a compliance agency, or building
639     inspector that has the authority to issue a certificate of occupancy under Section 10-5-132,
640     10-6-160, or 17-36-55 issues a certificate of occupancy, the [compliance agency] individual or
641     entity that issued the certificate of occupancy may not withdraw the certificate of occupancy or
642     exert additional jurisdiction over the elements of the project for which the certificate was
643     issued unless additional changes or modifications requiring a building permit are made to
644     elements of the project after the certificate was issued.
645          Section 6. Section 15A-1-202 is amended to read:
646          15A-1-202. Definitions.
647          As used in this chapter:
648          (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
649     or keeping or raising domestic animals.
650          (2) (a) "Approved code" means a code, including the standards and specifications
651     contained in the code, approved by the division under Section 15A-1-204 for use by a
652     compliance agency.
653          (b) "Approved code" does not include the State Construction Code.
654          (3) "Building" means a structure used or intended for supporting or sheltering any use
655     or occupancy and any improvements attached to it.
656          (4) "Code" means:
657          (a) the State Construction Code; or
658          (b) an approved code.
659          (5) "Commission" means the Uniform Building Code Commission created in Section
660     15A-1-203.
661          (6) "Compliance agency" means:
662          (a) an agency of the state or any of its political subdivisions which issues permits for
663     construction regulated under the codes;
664          (b) any other agency of the state or its political subdivisions specifically empowered to
665     enforce compliance with the codes; or
666          (c) any other state agency which chooses to enforce codes adopted under this chapter
667     by authority given the agency under a title other than this part and Part 3, Factory Built
668     Housing and Modular Units Administration Act.
669          (7) "Construction code" means standards and specifications published by a nationally
670     recognized code authority for use in circumstances described in Subsection 15A-1-204(1),
671     including:
672          (a) a building code;
673          (b) an electrical code;
674          (c) a residential one and two family dwelling code;
675          (d) a plumbing code;
676          (e) a mechanical code;
677          (f) a fuel gas code;
678          (g) an energy conservation code;
679          (h) a swimming pool and spa code; and
680          (i) a manufactured housing installation standard code.
681          (8) "Construction project" means the same as that term is defined in Section 38-1a-102.
682          [(8)] (9) "Executive director" means the executive director of the Department of
683     Commerce.
684          [(9)] (10) "Legislative action" includes legislation that:
685          (a) adopts a new State Construction Code;
686          (b) amends the State Construction Code; or
687          (c) repeals one or more provisions of the State Construction Code.
688          [(10)] (11) "Local regulator" means a political subdivision of the state that is
689     empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
690     and other activities subject to the codes.
691          (12) "Membrane-covered frame structure" means a nonpressurized building with a
692     structure composed of a rigid framework to support a tensioned membrane that provides a
693     weather barrier.
694          (13) "Natural disaster" means:
695          (a) a flood;
696          (b) a storm;
697          (c) a tornado;
698          (d) winds;
699          (e) an earthquake;
700          (f) lightning; or
701          (g) any other adverse weather event.
702          [(11)] (14) "Not for human occupancy" means use of a structure for purposes other
703     than protection or comfort of human beings, but allows people to enter the structure for:
704          (a) maintenance and repair; and
705          (b) the care of livestock, crops, or equipment intended for agricultural use which are
706     kept there.
707          [(12)] (15) "Opinion" means a written, nonbinding, and advisory statement issued by
708     the commission concerning an interpretation of the meaning of the codes or the application of
709     the codes in a specific circumstance issued in response to a specific request by a party to the
710     issue.
711          (16) "Remote yurt" means a membrane-covered frame structure that:
712          (a) is no larger than 710 square feet;
713          (b) is not used as a permanent residence;
714          (c) is located in an unincorporated county area that is not zoned for residential,
715     commercial, industrial, or agricultural use;
716          (d) does not have plumbing or electricity;
717          (e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
718          (f) is registered with the local health department.
719          [(13)] (17) "State regulator" means an agency of the state which is empowered to
720     engage in the regulation of construction, alteration, remodeling, building, repair, and other
721     activities subject to the codes adopted pursuant to this chapter.
722          Section 7. Section 15A-1-204 is amended to read:
723          15A-1-204. Adoption of State Construction Code -- Amendments by commission
724     -- Approved codes -- Exemptions.
725          (1) (a) The State Construction Code is the construction codes adopted with any
726     modifications in accordance with this section that the state and each political subdivision of the
727     state shall follow.
728          (b) A person shall comply with the applicable provisions of the State Construction
729     Code when:
730          (i) new construction is involved; and
731          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
732          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
733     conservation, or reconstruction of the building; or
734          (B) changing the character or use of the building in a manner that increases the
735     occupancy loads, other demands, or safety risks of the building.
736          (c) On and after July 1, 2010, the State Construction Code is the State Construction
737     Code in effect on July 1, 2010, until in accordance with this section:
738          (i) a new State Construction Code is adopted; or
739          (ii) one or more provisions of the State Construction Code are amended or repealed in
740     accordance with this section.
741          (d) A provision of the State Construction Code may be applicable:
742          (i) to the entire state; or
743          (ii) within a county, city, or town.
744          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
745     that adopts a nationally recognized construction code with any modifications.
746          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
747     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
748     legislation.
749          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
750     the State Construction Code until, in accordance with this section, the Legislature adopts a new
751     State Construction Code by:
752          (i) adopting a new State Construction Code in its entirety; or
753          (ii) amending or repealing one or more provisions of the State Construction Code.
754          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
755     recognized construction code, the commission shall prepare a report described in Subsection
756     (4).
757          (b) For the provisions of a nationally recognized construction code that apply only to
758     detached one- and two-family dwellings and townhouses not more than three stories above
759     grade plane in height with separate means of egress and their accessory structures, the
760     commission shall:
761          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
762     second update of the nationally recognized construction code; and
763          (ii) not prepare a report described in Subsection (4) in 2018.
764          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
765     the year designated in the title of a nationally recognized construction code, the commission
766     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
767     and Labor Interim Committee that:
768          (i) states whether the commission recommends the Legislature adopt the update with
769     any modifications; and
770          (ii) describes the costs and benefits of each recommended change in the update or in
771     any modification.
772          (b) After the Business and Labor Interim Committee receives the report described in
773     Subsection (4)(a), the Business and Labor Interim Committee shall:
774          (i) study the recommendations; and
775          (ii) if the Business and Labor Interim Committee decides to recommend legislative
776     action to the Legislature, prepare legislation for consideration by the Legislature in the next
777     general session.
778          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
779     the commission is not required to submit a report described in Subsection (4), submit, in
780     accordance with Section 68-3-14, a written report to the Business and Labor Interim
781     Committee recommending whether the Legislature should amend or repeal one or more
782     provisions of the State Construction Code.
783          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
784     shall describe the costs and benefits of each proposed amendment or repeal.
785          (b) The commission may recommend legislative action related to the State
786     Construction Code:
787          (i) on its own initiative;
788          (ii) upon the recommendation of the division; or
789          (iii) upon the receipt of a request by one of the following that the commission
790     recommend legislative action related to the State Construction Code:
791          (A) a local regulator;
792          (B) a state regulator;
793          (C) a state agency involved with the construction and design of a building;
794          (D) the Construction Services Commission;
795          (E) the Electrician Licensing Board;
796          (F) the Plumbers Licensing Board; or
797          (G) a recognized construction-related association.
798          (c) If the Business and Labor Interim Committee decides to recommend legislative
799     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
800     for consideration by the Legislature in the next general session.
801          (6) (a) Notwithstanding the provisions of this section, the commission may, in
802     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
803     Construction Code if the commission determines that waiting for legislative action in the next
804     general legislative session would:
805          (i) cause an imminent peril to the public health, safety, or welfare; or
806          (ii) place a person in violation of federal or other state law.
807          (b) If the commission amends the State Construction Code in accordance with this
808     Subsection (6), the commission shall file with the division:
809          (i) the text of the amendment to the State Construction Code; and
810          (ii) an analysis that includes the specific reasons and justifications for the commission's
811     findings.
812          (c) If the State Construction Code is amended under this Subsection (6), the division
813     shall:
814          (i) publish the amendment to the State Construction Code in accordance with Section
815     15A-1-205; and
816          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
817     Business and Labor Interim Committee containing the amendment to the State Construction
818     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
819          (d) If not formally adopted by the Legislature at the next annual general session, an
820     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
821     immediately following the next annual general session that follows the adoption of the
822     amendment.
823          (7) (a) The division, in consultation with the commission, may approve, without
824     adopting, one or more approved codes, including a specific edition of a construction code, for
825     use by a compliance agency.
826          (b) If the code adopted by a compliance agency is an approved code described in
827     Subsection (7)(a), the compliance agency may:
828          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
829          (ii) adopt, by ordinance or rule, a dangerous building code; or
830          (iii) adopt, by ordinance or rule, a building rehabilitation code.
831          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
832     state law, a state executive branch entity or political subdivision of the state may not, after
833     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
834     specifically addressed by, and that is more restrictive than, the State Construction Code.
835          (9) A state executive branch entity or political subdivision of the state may:
836          (a) enforce a federal law or regulation;
837          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
838     requirement applies only to a facility or construction owned or used by a state entity or a
839     political subdivision of the state; or
840          (c) enforce a rule, ordinance, or requirement:
841          (i) that the state executive branch entity or political subdivision adopted or made
842     effective before July 1, 2015; and
843          (ii) for which the state executive branch entity or political subdivision can demonstrate,
844     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
845     individual from a condition likely to cause imminent injury or death.
846          (10) The Department of Health or the Department of Environmental Quality may
847     enforce a rule or requirement adopted before January 1, 2015.
848          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
849     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
850     than 1,500 square feet and used solely for the type of sales described in Subsection
851     59-12-104(20), is exempt from the requirements of the State Construction Code.
852          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
853     electrical, and mechanical permit may be required when that work is included in a structure
854     described in Subsection (11)(a).
855          (ii) Unless located in whole or in part in an agricultural protection area created under
856     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
857     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
858     the structure is located on land that is:
859          (A) within the boundaries of a city or town, and less than five contiguous acres; or
860          (B) within a subdivision for which the county has approved a subdivision plat under
861     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
862          [(12) (a) As used in this Subsection (12):]
863          [(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
864     structure is composed of a rigid framework to support a tensioned membrane that provides the
865     weather barrier.]
866          [(ii) "Remote yurt" means a membrane-covered frame structure that:]
867          [(A) is no larger than 710 square feet;]
868          [(B) is not used as a permanent residence;]
869          [(C) is located in an unincorporated county area that is not zoned for residential,
870     commercial, industrial, or agricultural use;]
871          [(D) does not have plumbing or electricity;]
872          [(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
873     and]
874          [(F) registers with the local health department.]
875          [(b)] (12) (a) A remote yurt is exempt from the State Construction Code including the
876     permit requirements of the State Construction Code.
877          [(c)] (b) Notwithstanding Subsection (12)[(b)](a), a county may by ordinance require
878     remote yurts to comply with the State Construction Code, if the ordinance requires the remote
879     yurts to comply with all of the following:
880          (i) the State Construction Code;
881          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
882          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
883     made under that chapter, and local health department's jurisdiction over onsite wastewater
884     disposal.
885          (13) (a) Subsection (1)(b) does not apply to a person repairing damage to an existing
885a     Ŝ→ residential ←Ŝ
886     structure caused by a natural disaster, if the sole purpose of the repairs is to restore the structure
887     to the same or substantially the same condition as before the natural disaster.
888          (b) Subject to Subsection (13)(c), the permit requirements of the State Construction
889     Code do not apply to a construction project involving repairs to an existing Ŝ→ residential ←Ŝ
889a      structure described
890     in Subsection (13)(a).
891          (c) Upon the completion of a construction project involving repairs to an existing
891a     Ŝ→ residential ←Ŝ
892     structure described in Subsection (13)(a), the owner of the structure shall ensure that the
893     structure, to determine compliance with Subsection (13)(a), is inspected by:
894          (i) the local regulator within the political subdivision in which the construction project
895     takes place; or
896          (ii) a licensed building inspector, as defined in Section 10-6-160, in accordance with:
897          (A) Subsection 10-5-132(2)(b)(ii), if the local regulator described in Subsection
898     (13)(c)(i) is a town;
899          (B) Subsection 10-6-160(2)(b)(ii), if the local regulator described in Subsection
900     (13)(c)(i) is a city; or
901          (C) Subsection 17-36-55(2)(b)(ii), if the local regulator described in Subsection
902     (13)(c)(i) is a county.
903          Section 8. Section 15A-3-102 is amended to read:
904          15A-3-102. Amendments to Chapters 1 through 3 of IBC.
905          (1) IBC, Section 106, is deleted.
906          (2) In IBC, Section 110, a new section is added as follows: " 110.3.5.1,
907     Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
908     exterior wall envelope as required by Section 1404.2, and flashing as required by Section
909     1404.4 to prevent water from entering the weather-resistive barrier."
910          (3) In IBC, Section 111.2, a new exception is added as follows: "Exception: A licensed
911     building inspector who conducts an inspection on behalf of the owner or the owner's authorized
912     agent in accordance with Utah Code, Section 10-5-132, 10-6-160, or 17-36-55 may issue a
913     certificate of occupancy."
914          [(3)] (4) IBC, Section 115.1, is deleted and replaced with the following: "115.1
915     Authority. Whenever the building official finds any work regulated by this code being
916     performed in a manner either contrary to the provisions of this code or other pertinent laws or
917     ordinances or is dangerous or unsafe, the building official is authorized to stop work."
918          [(4)] (5) In IBC, Section 202, the following definition is added for Ambulatory
919     Surgical Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building
920     licensed by the Utah Department of Health where procedures are performed that may render
921     patients incapable of self preservation where care is less than 24 hours. See Utah
922     Administrative Code R432-13."
923          [(5)] (6) In IBC, Section 202, the following definition is added for Assisted Living
924     Facility: "ASSISTED LIVING FACILITY. See Residential Treatment/Support Assisted Living
925     Facility, Type I Assisted Living Facility, and Type II Assisted Living Facility."
926          [(6)] (7) In IBC, Section 202, the definition for Foster Care Facilities is modified by
927     deleting the word "Foster" and replacing it with the word "Child."
928          (8) In IBC, Section 202, the following definition is added for Licensed Building
929     Inspector: "LICENSED BUILDING INSPECTOR. An individual who is licensed by the Utah
930     Division of Occupational and Professional Licensing under Utah Code, Title 58, Chapter 56,
931     Building Inspector and Factory Built Housing Licensing Act, and is covered by liability
932     insurance when providing private services as a licensed building inspector."
933          [(7)] (9) In IBC, Section 202, the definition for "[F]Record Drawings" is modified by
934     deleting the words "a fire alarm system" and replacing them with "any fire protection system."
935          [(8)] (10) In IBC, Section 202, the following definition is added for Residential
936     Treatment/Support Assisted Living Facility: "RESIDENTIAL TREATMENT/SUPPORT
937     ASSISTED LIVING FACILITY. A residential facility that provides a group living
938     environment for four or more residents licensed by the Department of Human Services, and
939     provides a protected living arrangement for ambulatory, non-restrained persons who are
940     capable of achieving mobility sufficient to exit the facility without the physical assistance of
941     another person."
942          [(9)] (11) In IBC, Section 202, the following definition is added for Type I Assisted
943     Living Facility: "TYPE I ASSISTED LIVING FACILITY. A residential facility licensed by the
944     Department of Health that provides a protected living arrangement, assistance with activities of
945     daily living and social care to two or more ambulatory, non-restrained persons who are capable
946     of mobility sufficient to exit the facility without the assistance of another person. Subcategories
947     are:
948          Limited Capacity: two to five residents;
949          Small: six to sixteen residents; and
950          Large: over sixteen residents."
951          [(10)] (12) In IBC, Section 202, the following definition is added for Type II Assisted
952     Living Facility: "TYPE II ASSISTED LIVING FACILITY. A residential facility licensed by
953     the Department of Health that provides an array of coordinated supportive personal and health
954     care services to two or more residents who are:
955          A. Physically disabled but able to direct his or her own care; or
956          B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
957     to a zone or area of safety, with the physical assistance of one person. Subcategories are:
958          Limited Capacity: two to five residents;
959          Small: six to sixteen residents; and
960          Large: over sixteen residents."
961          [(11)] (13) In IBC, Section 305.2, the following changes are made:
962          (a) delete the words "more than five children older than 2 1/2 years of age" and replace
963     with the words "five or more children 2 years of age or older";
964          (b) after the word "supervision" insert the words "child care services"; and
965          (c) add the following sentence at the end of the paragraph: "See Section 429, Day Care,
966     for special requirements for day care."
967          [(12)] (14) In IBC, Section 305.2.2 and 305.2.3, the word "five" is deleted and replaced
968     with the word "four" in all places.
969          [(13)] (15) A new IBC Section 305.2.4 is added as follows: "305.2.4 Child day care --
970     residential child care certificate or a license. Areas used for child day care purposes with a
971     residential child care certificate, as described in Utah Administrative Code, R430-50,
972     Residential Certificate Child Care, or a residential child care license, as described in Utah
973     Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
974     R-3 occupancy as provided in Sections 310.3 and 310.4 comply with the International
975     Residential Code in accordance with Section R101.2."
976          [(14)] (16) A new IBC Section 305.2.5 is added as follows: "305.2.5 Child care
977     centers. Each of the following areas may be classified as accessory occupancies, if the area
978     complies with Section 508.2:
979          1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
980     Hourly Child Care Centers;
981          2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
982     Centers; and
983          3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
984     Out of School Time Child Care Programs."
985          [(15)] (17) In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives,
986     Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
987          [(16)] (18) In IBC, Section 308.2, in the list of items under "This group shall include,"
988     the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted
989     living facilities."
990          [(17)] (19) In IBC, Section 308.2.4, all of the words after the first International
991     Residential Code are deleted.
992          [(18)] (20) A new IBC, Section 308.2.5 is added as follows:
993          "308.2.5 Group I-1 assisted living facility occupancy groups. The following occupancy
994     groups shall apply to assisted living facilities:
995          Type I assisted living facilities with seventeen or more residents are Large Facilities
996     classified as an Institutional Group I-1, Condition 1 occupancy.
997          Type II assisted living facilities with six to sixteen residents are Small Facilities
998     classified as an Institutional Group I-1, Condition 2 occupancy. See Section 202 for
999     definitions."
1000          [(19)] (21) In IBC, Section 308.3 Institutional Group I-2, the following changes are
1001     made:
1002          (a) The words "more than five" are deleted and replaced with "four or more";
1003          (b) The group "Assisted living facilities, Type-II Large" is added to the list of groups;
1004          (c) The words "Foster care facilities" are deleted and replaced with the words "Child
1005     care facilities"; and
1006          (d) The words "(both intermediate care facilities and skilled nursing facilities)" are
1007     added after "Nursing homes."
1008          [(20)] (22) In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
1009     number "four" in each location.
1010          [(21)] (23) A new IBC, Section 308.3.3 is added as follows:
1011          "308.3.3 Group I-2 assisted living facilities. Type II assisted living facilities with
1012     seventeen or more residents are Large Facilities classified as an Institutional Group I-2,
1013     Condition 1 occupancy. See Section 202 for definitions."
1014          [(22)] (24) In IBC, Section 308.5, the words "more than five" are deleted and replaced
1015     with the words "five or more."
1016          [(23)] (25) In IBC, Section 308.5.1, the following changes are made:
1017          (a) The words "more than five" are deleted and replaced with the words "five or more."
1018          (b) The words "2-1/2 years or less of age" are deleted and replaced with "under the age
1019     of two."
1020          (c) The following sentence is added at the end: "See Section 429 for special
1021     requirements for Day Care."
1022          [(24)] (26) In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted
1023     and replaced with the words "four or fewer" in both places and the following sentence is added
1024     at the end: "See Section 429 for special requirements for Day Care."
1025          [(25)] (27) In IBC, Section 310.4, the following changes are made:
1026          (a) The words "and single family dwellings complying with the IRC" are added after
1027     "Residential Group-3 occupancies."
1028          (b) The words "Assisted Living Facilities, limited capacity" are added to the list of
1029     occupancies.
1030          [(26)] (28) In IBC, Section 310.4.1, the following changes are made:
1031          (a) The words "other than Child Care" are inserted after the words "Care facilities" in
1032     the first sentence.
1033          (b) All of the words after the first "International Residential Code" are deleted.
1034          (c) The following sentence is added at the end of the last sentence: "See Section 429
1035     for special requirements for Child Day Care."
1036          [(27)] (29) A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care.
1037     Areas used for child care purposes may be located in a residential dwelling unit under all of the
1038     following conditions and Section 429:
1039     1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
1040     authority of the Utah Fire Prevention Board.
1041     2. Use is approved by the Utah Department of Health, as enacted under the authority of the
1042     Utah Code, Title 26, Chapter 39, Utah Child Care Licensing Act, and in any of the following
1043     categories:
1044     a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
1045     b. Utah Administrative Code, R430-90, Licensed Family Child Care.
1046     3. Compliance with all zoning regulations of the local regulator."
1047          [(28)] (30) A new IBC, Section 310.4.4 is added as follows: "310.4.4 Assisted living
1048     facilities. Type I assisted living facilities with two to five residents are Limited Capacity
1049     facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
1050     International Residential Code. See Section 202 for definitions."
1051          [(29)] (31) In IBC, Section 310.5, the words "Type II Limited Capacity and Type I
1052     Small, see Section 310.5.3" are added after the words "assisted living facilities."
1053          [(30)] (32) A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4
1054     Assisted living facility occupancy groups. The following occupancy groups shall apply to
1055     Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are
1056     Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type
1057     I assisted living facilities with six to sixteen residents are Small Facilities classified as
1058     Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
1059          Section 9. Section 15A-5-104 is amended to read:
1060          15A-5-104. Exemptions from State Fire Code.
1061          (1) As used in this section, "remote yurt" means the same as that term is defined in
1062     [Subsection 15A-1-204(12)] Section 15A-1-202.
1063          (2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
1064     ordinance in accordance with Subsection 15A-1-204(12)[(c)](b).
1065          (3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
1066          Section 10. Section 17-27a-403 is amended to read:
1067          17-27a-403. Plan preparation.
1068          (1) (a) The planning commission shall provide notice, as provided in Section
1069     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
1070     plan or a comprehensive general plan amendment when the planning commission initiates the
1071     process of preparing its recommendation.
1072          (b) The planning commission shall make and recommend to the legislative body a
1073     proposed general plan for:
1074          (i) the unincorporated area within the county; or
1075          (ii) if the planning commission is a planning commission for a mountainous planning
1076     district, the mountainous planning district.
1077          (c) (i) The plan may include planning for incorporated areas if, in the planning
1078     commission's judgment, they are related to the planning of the unincorporated territory or of
1079     the county as a whole.
1080          (ii) Elements of the county plan that address incorporated areas are not an official plan
1081     or part of a municipal plan for any municipality, unless it is recommended by the municipal
1082     planning commission and adopted by the governing body of the municipality.
1083          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
1084     planning district, the plan for the mountainous planning district controls and precedes a
1085     municipal plan, if any, to which the property would be subject.
1086          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1087     and descriptive and explanatory matter, shall include the planning commission's
1088     recommendations for the following plan elements:
1089          (i) a land use element that:
1090          (A) designates the long-term goals and the proposed extent, general distribution, and
1091     location of land for housing for residents of various income levels, business, industry,
1092     agriculture, recreation, education, public buildings and grounds, open space, and other
1093     categories of public and private uses of land as appropriate; and
1094          (B) may include a statement of the projections for and standards of population density
1095     and building intensity recommended for the various land use categories covered by the plan;
1096          (ii) a transportation and traffic circulation element that:
1097          (A) provides the general location and extent of existing and proposed freeways, arterial
1098     and collector streets, public transit, active transportation facilities, and other modes of
1099     transportation that the planning commission considers appropriate;
1100          (B) addresses the county's plan for residential and commercial development around
1101     major transit investment corridors to maintain and improve the connections between housing,
1102     employment, education, recreation, and commerce; and
1103          (C) correlates with the population projections, the employment projections, and the
1104     proposed land use element of the general plan;
1105          (iii) a plan for the development of additional moderate income housing within the
1106     unincorporated area of the county or the mountainous planning district, and a plan to provide a
1107     realistic opportunity to meet the need for additional moderate income housing; and
1108          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
1109     and policies required by Subsection 17-27a-401(3).
1110          (b) In drafting the moderate income housing element, the planning commission:
1111          (i) shall consider the Legislature's determination that counties should facilitate a
1112     reasonable opportunity for a variety of housing, including moderate income housing:
1113          (A) to meet the needs of people of various income levels living, working, or desiring to
1114     live or work in the community; and
1115          (B) to allow people with various incomes to benefit from and fully participate in all
1116     aspects of neighborhood and community life; and
1117          (ii) shall include an analysis of how the county will provide a realistic opportunity for
1118     the development of moderate income housing within the planning horizon, which may include
1119     a recommendation to implement three or more of the following strategies:
1120          (A) rezone for densities necessary to assure the production of moderate income
1121     housing;
1122          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1123     construction of moderate income housing;
1124          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
1125     income housing;
1126          (D) consider county general fund subsidies or other sources of revenue to waive
1127     construction related fees that are otherwise generally imposed by the county;
1128          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
1129     residential zones;
1130          (F) allow for higher density or moderate income residential development in
1131     commercial and mixed-use zones, commercial centers, or employment centers;
1132          (G) encourage higher density or moderate income residential development near major
1133     transit investment corridors;
1134          (H) eliminate or reduce parking requirements for residential development where a
1135     resident is less likely to rely on the resident's own vehicle, such as residential development near
1136     major transit investment corridors or senior living facilities;
1137          (I) allow for single room occupancy developments;
1138          (J) implement zoning incentives for low to moderate income units in new
1139     developments;
1140          (K) utilize strategies that preserve subsidized low to moderate income units on a
1141     long-term basis;
1142          (L) preserve existing moderate income housing;
1143          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
1144     income housing;
1145          (N) participate in a community land trust program for low or moderate income
1146     housing;
1147          (O) implement a mortgage assistance program for employees of the county or of an
1148     employer that provides contracted services for the county;
1149          (P) apply for or partner with an entity that applies for state or federal funds or tax
1150     incentives to promote the construction of moderate income housing;
1151          (Q) apply for or partner with an entity that applies for programs offered by the Utah
1152     Housing Corporation within that agency's funding capacity;
1153          (R) apply for or partner with an entity that applies for affordable housing programs
1154     administered by the Department of Workforce Services;
1155          (S) apply for or partner with an entity that applies for services provided by a public
1156     housing authority to preserve and create moderate income housing;
1157          (T) apply for or partner with an entity that applies for programs administered by a
1158     metropolitan planning organization or other transportation agency that provides technical
1159     planning assistance;
1160          (U) utilize a moderate income housing set aside from a community reinvestment
1161     agency, redevelopment agency, or community development and renewal agency; and
1162          [(V) reduce residential building design elements as defined in Section 10-9a-403; and]
1163          [(W)] (V) consider any other program or strategy implemented by the county to address
1164     the housing needs of residents of the county who earn less than 80% of the area median
1165     income.
1166          (c) In drafting the land use element, the planning commission shall:
1167          (i) identify and consider each agriculture protection area within the unincorporated area
1168     of the county or mountainous planning district; and
1169          (ii) avoid proposing a use of land within an agriculture protection area that is
1170     inconsistent with or detrimental to the use of the land for agriculture.
1171          (d) In drafting the transportation and traffic circulation element, the planning
1172     commission shall:
1173          (i) consider the regional transportation plan developed by its region's metropolitan
1174     planning organization, if the relevant areas of the county are within the boundaries of a
1175     metropolitan planning organization; or
1176          (ii) consider the long-range transportation plan developed by the Department of
1177     Transportation, if the relevant areas of the county are not within the boundaries of a
1178     metropolitan planning organization.
1179          (3) The proposed general plan may include:
1180          (a) an environmental element that addresses:
1181          (i) to the extent not covered by the county's resource management plan, the protection,
1182     conservation, development, and use of natural resources, including the quality of air, forests,
1183     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1184     and
1185          (ii) the reclamation of land, flood control, prevention and control of the pollution of
1186     streams and other waters, regulation of the use of land on hillsides, stream channels and other
1187     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1188     protection of watersheds and wetlands, and the mapping of known geologic hazards;
1189          (b) a public services and facilities element showing general plans for sewage, water,
1190     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1191     police and fire protection, and other public services;
1192          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1193     programs for:
1194          (i) historic preservation;
1195          (ii) the diminution or elimination of a development impediment as defined in Section
1196     17C-1-102; and
1197          (iii) redevelopment of land, including housing sites, business and industrial sites, and
1198     public building sites;
1199          (d) an economic element composed of appropriate studies and forecasts, as well as an
1200     economic development plan, which may include review of existing and projected county
1201     revenue and expenditures, revenue sources, identification of basic and secondary industry,
1202     primary and secondary market areas, employment, and retail sales activity;
1203          (e) recommendations for implementing all or any portion of the general plan, including
1204     the use of land use ordinances, capital improvement plans, community development and
1205     promotion, and any other appropriate action;
1206          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1207     (3)(a)(i); and
1208          (g) any other element the county considers appropriate.
1209          Section 11. Section 17-27a-527 is enacted to read:
1210          17-27a-527. Regulation of building design elements prohibited -- Exceptions.
1211          (1) As used in this section, "building design element" means:
1212          (a) exterior color;
1213          (b) type or style of exterior cladding material;
1214          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1215          (d) exterior nonstructural architectural ornamentation;
1216          (e) location, design, placement, or architectural styling of a window or door;
1217          (f) location, design, placement, or architectural styling of a garage door, not including a
1218     rear-loading garage door;
1219          (g) number or type of rooms;
1220          (h) interior layout of a room;
1221          (i) minimum square footage over 1,000 square feet, not including a garage;
1222          (j) rear yard landscaping requirements;
1223          (k) minimum building dimensions; or
1224          (l) a requirement to install front yard fencing.
1225          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
1226     building design element on a one to two family dwelling or townhome.
1227          (3) Subsection (2) does not apply to:
1228          (a) a dwelling located within an area designated as a historic district in:
1229          (i) the National Register of Historic Places;
1230          (ii) the state register as defined in Section 9-8-402; or
1231          (iii) a local historic district or area, or a site designated as a local landmark, created by
1232     ordinance before January 1, 2021;
1233          (b) an ordinance enacted as a condition for participation in the National Flood
1234     Insurance Program administered by the Federal Emergency Management Agency;
1235          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
1236     Interface Code adopted under Section 15A-2-103;
1237          (d) building design elements agreed to under a development agreement;
1238          (e) a dwelling located within an area that:
1239          (i) is zoned primarily for residential use; and
1240          (ii) was substantially developed before calendar year 1940;
1241          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1242          (g) an ordinance enacted to regulate type of cladding, in response to findings or
1243     evidence from the construction industry of:
1244          (i) defects in the material of existing cladding; or
1245          (ii) consistent defects in the installation of existing cladding; Ŝ→ [or] ←Ŝ
1246          (h) a land use regulation, including a planned unit development or overlay zone, that a
1247     property owner requests:
1248          (i) the county to apply to the owner's property; and
1249          (ii) in exchange for an increase in density or other benefit not otherwise available as a
1250     permitted use in the zoning area or district Ŝ→ [.] ; or
1250a          (i) a dwelling located in a mountainous planning district. ←Ŝ
1251          Section 12. Section 17-36-55 is amended to read:
1252          17-36-55. Fees collected for construction approval -- Approval of plans.
1253          (1) As used in this section:
1254          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
1255          [(a)] (b) "Construction project" means the same as that term is defined in Section
1256     38-1a-102.
1257          (c) "Licensed building inspector" means an individual who is:
1258          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
1259     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
1260          (ii) covered by liability insurance when providing private services as a licensed
1261     building inspector, in an amount established in rules made by the Division of Occupational and
1262     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
1263     Rulemaking Act.
1264          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
1265     accommodations to the public, including any of the following:
1266          (i) a bed and breakfast establishment;
1267          (ii) a boarding house;
1268          (iii) a dormitory;
1269          (iv) a hotel;
1270          (v) an inn;
1271          (vi) a lodging house;
1272          (vii) a motel;
1273          (viii) a resort; or
1274          (ix) a rooming house.
1275          [(c)] (e) "Planning review" means a review to verify that a county has approved the
1276     following elements of a construction project:
1277          (i) zoning;
1278          (ii) lot sizes;
1279          (iii) setbacks;
1280          (iv) easements;
1281          (v) curb and gutter elevations;
1282          (vi) grades and slopes;
1283          (vii) utilities;
1284          (viii) street names;
1285          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
1286     Interface Code adopted under Section 15A-2-103; and
1287          (x) subdivision.
1288          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a county
1289     requires to obtain a building permit from the county with a scope that may not exceed a review
1290     to verify:
1291          (A) that the construction project complies with the provisions of the State Construction
1292     Code under Title 15A, State Construction and Fire Codes Act;
1293          (B) that the construction project complies with the energy code adopted under Section
1294     15A-2-103;
1295          (C) that the construction project received a planning review;
1296          (D) that the applicant paid any required fees;
1297          (E) that the applicant obtained final approvals from any other required reviewing
1298     agencies;
1299          (F) that the construction project complies with federal, state, and local storm water
1300     protection laws;
1301          (G) that the construction project received a structural review;
1302          (H) the total square footage for each building level of finished, garage, and unfinished
1303     space; and
1304          (I) that the plans include a printed statement indicating that the actual construction will
1305     comply with applicable local ordinances and the state construction codes.
1306          (ii) "Plan review" does not mean a review of a document:
1307          (A) required to be re-submitted for a construction project other than a construction
1308     project for a one to two family dwelling or townhome if additional modifications or substantive
1309     changes are identified by the plan review;
1310          (B) submitted as part of a deferred submittal when requested by the applicant and
1311     approved by the building official; or
1312          (C) that, due to the document's technical nature or on the request of the applicant, is
1313     reviewed by a third party.
1314          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
1315     15A-1-102.
1316          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
1317     15A-1-102.
1318          [(g)] (i) "Structural review" means:
1319          (i) a review that verifies that a construction project complies with the following:
1320          (A) footing size and bar placement;
1321          (B) foundation thickness and bar placement;
1322          (C) beam and header sizes;
1323          (D) nailing patterns;
1324          (E) bearing points;
1325          (F) structural member size and span; and
1326          (G) sheathing; or
1327          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
1328     a review that a licensed engineer conducts.
1329          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
1330     training and expertise of an individual who regularly performs plan reviews.
1331          (2) (a) If a county collects a fee for the inspection of a construction project, the county
1332     shall ensure that the construction project receives a prompt inspection.
1333          (b) If a county cannot provide a building inspection within three business days after the
1334     day on which the county receives the request for the inspection[,]:
1335          (i) the county [shall] may promptly engage an independent inspector with fees
1336     collected from the applicant[.]; or
1337          (ii) the applicant may engage an independent third-party licensed building inspector to
1338     complete each required inspection on the applicant's behalf in accordance with Subsection
1339     (2)(d), if the construction project is for a one to two family dwelling or townhome.
1340          (c) If an inspector identifies one or more violations of the State Construction Code or
1341     State Fire Code during an inspection, the inspector shall give the permit holder written
1342     notification that:
1343          (i) identifies each violation;
1344          (ii) upon request by the permit holder, includes a reference to each applicable provision
1345     of the State Construction Code or State Fire Code; and
1346          (iii) is delivered:
1347          (A) in hardcopy or by electronic means; and
1348          (B) the day on which the inspection occurs.
1349          (d) (i) An applicant who engages an independent licensed building inspector to
1350     complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
1351     promptly notify the county in writing of the name and address of the licensed building
1352     inspector at the time the applicant engages the licensed building inspector.
1353          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
1354          (A) complete each required inspection of the construction project on the applicant's
1355     behalf;
1356          (B) provide written notification to the county after completing the final required
1357     inspection; and
1358          (C) issue the applicant a certificate of occupancy for the construction project.
1359          (3) (a) A county shall complete a plan review of a construction project for a one to two
1360     family dwelling or townhome by no later than 14 business days after the day on which the [plan
1361     is submitted] applicant submits a complete building permit application to the county.
1362          (b) A county shall complete a plan review of a construction project for a residential
1363     structure built under the International Building Code, not including a lodging establishment, by
1364     no later than 21 business days after the day on which the [plan is submitted] applicant submits
1365     a complete building permit application to the county.
1366          (c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
1367     before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
1368     that the county complete the plan review.
1369          (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
1370     the plan review no later than:
1371          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
1372     applicant makes the request; or
1373          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
1374     applicant makes the request.
1375          (d) An applicant may:
1376          (i) waive the plan review time requirements described in this Subsection (3); or
1377          (ii) with the county's consent, establish an alternative plan review time requirement.
1378          (4) [(a)] A county may not enforce a requirement to have a plan review if:
1379          [(i)] (a) the county does not complete the plan review within the time period described
1380     in Subsection (3)(a) or (b); [and]
1381          (b) the applicant makes a request under Subsection (3)(c)(i);
1382          (c) the county does not complete the plan review within the time period described in
1383     Subsection (3)(c)(ii); and
1384          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
1385     stamps the plan.     
1386          [(b)] (5) (a) A county may attach to a reviewed plan a list that includes:
1387          (i) items with which the county is concerned and may enforce during construction; and
1388          (ii) building code violations found in the plan.
1389          [(c)] (b) A county may not require an applicant to redraft a plan if the county requests
1390     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
1391          [(5) An applicant shall ensure that each construction project plan submitted for a plan
1392     review under this section has a statement indicating that actual construction will comply with
1393     applicable local ordinances and building codes.]
1394          (c) A county may require a single resubmittal of plans for a one or two family dwelling
1395     or townhome if the resubmission is required to address deficiencies identified by a third-party
1396     review of a geotechnical report or geological report.
1397          (6) If a county charges a fee for a building permit, the county may not refuse payment
1398     of the fee at the time the applicant submits a building permit application under Subsection (3).
1399          (7) A county may not limit the number of building permit applications submitted under
1400     Subsection (3).
1401          (8) For purposes of Subsection (3), a building permit application is complete if the
1402     application contains:
1403          (a) the name, address, and contact information of:
1404          (i) the applicant; and
1405          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
1406     the construction project;
1407          (b) a site plan for the construction project that:
1408          (i) is drawn to scale;
1409          (ii) includes a north arrow and legend; and
1410          (iii) provides specifications for the following:
1411          (A) lot size and dimensions;
1412          (B) setbacks and overhangs for setbacks;
1413          (C) easements;
1414          (D) property lines;
1415          (E) topographical details, if the slope of the lot is greater than 10%;
1416          (F) retaining walls;
1417          (G) hard surface areas;
1418          (H) curb and gutter elevations as indicated in the subdivision documents;
1419          (I) utilities, including water meter and sewer lateral location;
1420          (J) street names;
1421          (K) driveway locations;
1422          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
1423     Interface Code adopted under Section 15A-2-103; and
1424          (M) the location of the nearest hydrant;
1425          (c) construction plans and drawings, including:
1426          (i) elevations, only if the construction project is new construction;
1427          (ii) floor plans for each level, including the location and size of doors and windows;
1428          (iii) foundation, structural, and framing detail; and
1429          (iv) electrical, mechanical, and plumbing design;
1430          (d) documentation of energy code compliance;
1431          (e) structural calculations, except for trusses;
1432          (f) a geotechnical report, including a slope stability evaluation and retaining wall
1433     design, if:
1434          (i) the slope of the lot is greater than 15%; and
1435          (ii) required by the county; and
1436          (g) a statement indicating that actual construction will comply with applicable local
1437     ordinances and building codes.
1438          Section 13. Section 38-1a-102 is amended to read:
1439          38-1a-102. Definitions.
1440          As used in this chapter:
1441          (1) "Alternate means" means a method of filing a legible and complete notice or other
1442     document with the registry other than electronically, as established by the division by rule.
1443          (2) "Anticipated improvement" means the improvement:
1444          (a) for which preconstruction service is performed; and
1445          (b) that is anticipated to follow the performing of preconstruction service.
1446          (3) "Applicable county recorder" means the office of the recorder of each county in
1447     which any part of the property on which a claimant claims or intends to claim a preconstruction
1448     or construction lien is located.
1449          (4) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which
1450     the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting
1451     shares or other ownership interest.
1452          (5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
1453          (6) "Compensation" means the payment of money for a service rendered or an expense
1454     incurred, whether based on:
1455          (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or
1456     percentage fee, or commission; or
1457          (b) a combination of the bases listed in Subsection (6)(a).
1458          (7) "Construction lender" means a person who makes a construction loan.
1459          (8) "Construction lien" means a lien under this chapter for construction work.
1460          (9) "Construction loan" does not include a consumer loan secured by the equity in the
1461     consumer's home.
1462          (10) "Construction project" means an improvement that is constructed pursuant to an
1463     original contract.
1464          (11) "Construction work":
1465          (a) means labor, service, material, or equipment provided for the purpose and during
1466     the process of constructing, altering, or repairing an improvement; and
1467          (b) includes scheduling, estimating, staking, supervising, managing, materials testing,
1468     inspection, observation, and quality control or assurance involved in constructing, altering, or
1469     repairing an improvement.
1470          (12) "Contestable notice" means a notice of preconstruction service under Section
1471     38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under
1472     Section 38-1a-506.
1473          (13) "Contesting person" means an owner, original contractor, subcontractor, or other
1474     interested person.
1475          (14) "Designated agent" means the third party the division contracts with as provided
1476     in Section 38-1a-202 to create and maintain the registry.
1477          (15) "Division" means the Division of Occupational and Professional Licensing created
1478     in Section 58-1-103.
1479          (16) "Entry number" means the reference number that:
1480          (a) the designated agent assigns to each notice or other document filed with the
1481     registry; and
1482          (b) is unique for each notice or other document.
1483          (17) "Final completion" means:
1484          (a) the date of issuance of a permanent certificate of occupancy by the local
1485     government entity having jurisdiction over the construction project or building inspector that
1486     has the authority to issue a certificate of occupancy for the construction project under Section
1487     10-5-132, 10-6-160, or 17-36-55, if a permanent certificate of occupancy is required;
1488          (b) the date of the final inspection of the construction work by the local government
1489     entity having jurisdiction over the construction project or building inspector described in
1490     Subsection (17)(a), if an inspection is required under a state-adopted building code applicable
1491     to the construction work, but no certificate of occupancy is required;
1492          (c) unless the owner is holding payment to ensure completion of construction work, the
1493     date on which there remains no substantial work to be completed to finish the construction
1494     work under the original contract, if a certificate of occupancy is not required and a final
1495     inspection is not required under an applicable state-adopted building code; or
1496          (d) the last date on which substantial work was performed under the original contract,
1497     if, because the original contract is terminated before completion of the construction work
1498     defined by the original contract, the local government entity having jurisdiction over the
1499     construction project or building inspector described in Subsection (17)(a) does not issue a
1500     certificate of occupancy or perform a final inspection.
1501          (18) "Final lien waiver" means a form that complies with Subsection 38-1a-802(4)(c).
1502          (19) "First preliminary notice filing" means a preliminary notice that:
1503          (a) is the earliest preliminary notice filed on the construction project for which the
1504     preliminary notice is filed;
1505          (b) is filed on a construction project that, at the time the preliminary notice is filed, has
1506     not reached final completion; and
1507          (c) is not cancelled under Section 38-1a-307.
1508          (20) "Government project-identifying information" has the same meaning as defined in
1509     Section 38-1b-102.
1510          (21) "Improvement" means:
1511          (a) a building, infrastructure, utility, or other human-made structure or object
1512     constructed on or for and affixed to real property; or
1513          (b) a repair, modification, or alteration of a building, infrastructure, utility, or object
1514     referred to in Subsection (21)(a).
1515          (22) "Interested person" means a person that may be affected by a construction project.
1516          (23) "Notice of commencement" means a notice required under Section 38-1b-201 for
1517     a government project, as defined in Section 38-1b-102.
1518          (24) "Original contract":
1519          (a) means a contract between an owner and an original contractor for preconstruction
1520     service or construction work; and
1521          (b) does not include a contract between an owner-builder and another person.
1522          (25) "Original contractor" means a person, including an owner-builder, that contracts
1523     with an owner to provide preconstruction service or construction work.
1524          (26) "Owner" means the person that owns the project property.
1525          (27) "Owner-builder" means an owner, including an owner who is also an original
1526     contractor, who:
1527          (a) contracts with one or more other persons for preconstruction service or construction
1528     work for an improvement on the owner's real property; and
1529          (b) obtains a building permit for the improvement.
1530          (28) "Preconstruction lien" means a lien under this chapter for a preconstruction
1531     service.
1532          (29) "Preconstruction service":
1533          (a) means to plan or design, or to assist in the planning or design of, an improvement or
1534     a proposed improvement:
1535          (i) before construction of the improvement commences; and
1536          (ii) for compensation separate from any compensation paid or to be paid for
1537     construction work for the improvement; and
1538          (b) includes consulting, conducting a site investigation or assessment, programming,
1539     preconstruction cost or quantity estimating, preconstruction scheduling, performing a
1540     preconstruction construction feasibility review, procuring construction services, and preparing
1541     a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan,
1542     drawing, specification, or contract document.
1543          (30) "Private project" means a construction project that is not a government project.
1544          (31) "Project property" means the real property on or for which preconstruction service
1545     or construction work is or will be provided.
1546          (32) "Registry" means the State Construction Registry under Part 2, State Construction
1547     Registry.
1548          (33) "Required notice" means:
1549          (a) a notice of preconstruction service under Section 38-1a-401;
1550          (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
1551          (c) a notice of commencement;
1552          (d) a notice of construction loan under Section 38-1a-601;
1553          (e) a notice under Section 38-1a-602 concerning a construction loan default;
1554          (f) a notice of intent to obtain final completion under Section 38-1a-506; or
1555          (g) a notice of completion under Section 38-1a-507.
1556          (34) "Subcontractor" means a person that contracts to provide preconstruction service
1557     or construction work to:
1558          (a) a person other than the owner; or
1559          (b) the owner, if the owner is an owner-builder.
1560          (35) "Substantial work" does not include repair work or warranty work.
1561          (36) "Supervisory subcontractor" means a person that:
1562          (a) is a subcontractor under contract to provide preconstruction service or construction
1563     work; and
1564          (b) contracts with one or more other subcontractors for the other subcontractor or
1565     subcontractors to provide preconstruction service or construction work that the person is under
1566     contract to provide.
1567          Section 14. Section 58-56-2 is amended to read:
1568          58-56-2. Chapter administration -- Duties.
1569          (1) The provisions of this chapter shall be administered by the Division of Occupational
1570     and Professional Licensing.
1571          (2) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
1572     Administrative Rulemaking Act, to establish the minimum amount of liability insurance
1573     coverage for a licensed building inspector to complete inspections under Subsection
1574     10-5-132(2)(b)(ii), 10-6-160(2)(b)(ii), or 17-36-55(2)(b)(ii).
1575          Section 15. Section 78B-2-225 is amended to read:
1576          78B-2-225. Actions related to improvements in real property.
1577          (1) As used in this section:
1578          (a) "Abandonment" means that there has been no design or construction activity on an
1579     improvement for a continuous period of at least one year.
1580          (b) "Action" means any claim for judicial, arbitral, or administrative relief for acts,
1581     errors, omissions, or breach of duty arising out of or related to the design, construction, or
1582     installation of an improvement, regardless of whether that action is based in tort, contract,
1583     warranty, strict liability, product liability, indemnity, contribution, or other source of law.
1584          (c) "Completion" means the date of substantial completion of an improvement to real
1585     property as established by the earliest of:
1586          (i) a [Certificate of Substantial Completion] certificate of substantial completion;
1587          (ii) a [Certificate of Occupancy] certificate of occupancy issued by a governing agency
1588     or building inspector that has the authority to issue the certificate of occupancy under Section
1589     10-5-132, 10-6-160, or 17-36-55; or
1590          (iii) the date of first use or possession of the improvement.
1591          (d) "Improvement" means any building, structure, infrastructure, road, utility, or other
1592     similar man-made change, addition, modification, or alteration to real property.
1593          (e) "Person" means an individual, corporation, limited liability company, partnership,
1594     joint venture, association, proprietorship, or any other legal or governmental entity.
1595          (f) "Provider" means any person:
1596          (i) contributing to, providing, or performing:
1597          (A) studies, plans, specifications, drawings, designs, value engineering, cost or quantity
1598     estimates, surveys, staking, construction, installation, or labor to an improvement; or
1599          (B) the review, observation, administration, management, supervision, inspections, and
1600     tests of construction for or in relation to an improvement; or
1601          (ii) providing or contributing materials, products, or equipment that is incorporated
1602     into an improvement.
1603          (2) The Legislature finds that:
1604          (a) exposing a provider to suits and liability for acts, errors, omissions, or breach of
1605     duty after the possibility of injury or damage has become highly remote and unexpectedly
1606     creates costs and hardships to the provider and the citizens of the state;
1607          (b) these costs and hardships include liability insurance costs, records storage costs,
1608     undue and unlimited liability risks during the life of both a provider and an improvement, and
1609     difficulties in defending against claims many years after completion of an improvement;
1610          (c) these costs and hardships constitute clear social and economic evils;
1611          (d) the possibility of injury and damage becomes highly remote and unexpected seven
1612     years following completion or abandonment; and
1613          (e) except as provided in Subsection (7), it is in the best interests of the citizens of the
1614     state to impose the periods of limitation and repose provided in this chapter upon all causes of
1615     action by or against a provider arising out of or related to the design, construction, or
1616     installation of an improvement.
1617          (3) (a) Except as provided in Subsections (3)(b) and (c), an action by or against a
1618     provider based in contract or warranty shall be commenced within six years after the date of
1619     completion or abandonment of an improvement.
1620          (b) If a provider is required by an express term of a contract or warranty to perform an
1621     obligation later than the six-year period described in Subsection (3)(a), and the provider fails to
1622     perform the obligation as required, an action for that breach of the contract or warranty shall be
1623     commenced within two years after the day on which the breach is discovered or should have
1624     been discovered.
1625          (c) If a contract or warranty expressly establishes a different period of limitations than
1626     this section, the action shall be commenced within that limitations period.
1627          (4) (a) All other actions by or against a provider shall be commenced within two years
1628     from the earlier of the date of discovery of a cause of action or the date upon which a cause of
1629     action should have been discovered through reasonable diligence.
1630          (b) If the cause of action is discovered or discoverable before completion or
1631     abandonment of an improvement, the two-year period begins to run upon completion or
1632     abandonment.
1633          (c) Notwithstanding Subsection (4)(a), and except as provided in Subsection (4)(d), an
1634     action under this Subsection (4) may not be commenced against a provider more than nine
1635     years after completion or abandonment of an improvement.
1636          (d) If an action under Subsection (4)(a) is discovered or discoverable in the eighth or
1637     ninth year of the nine-year period, a claimant shall have two years from the date of discovery to
1638     commence an action.
1639          (5) Subsection (4) does not apply to an action against a provider:
1640          (a) who has fraudulently concealed the provider's act, error, omission, or breach of
1641     duty, or the injury, damage, or other loss caused by the provider's act, error, omission, or breach
1642     of duty; or
1643          (b) for a willful or intentional act, error, omission, or breach of duty.
1644          (6) If an individual otherwise entitled to bring an action did not commence the action
1645     within the periods prescribed by Subsections (3) and (4) solely because that individual was a
1646     minor or mentally incompetent and without a legal guardian, that individual shall have two
1647     years from the date the disability is removed to commence the action.
1648          (7) This section shall not apply to an action for the death of or bodily injury to an
1649     individual while engaged in the design, installation, or construction of an improvement.
1650          (8) This section does not apply to any action against any person in actual possession or
1651     control of the improvement as owner, tenant, or otherwise, at the time any defective or unsafe
1652     condition of the improvement proximately causes the injury for which the action is brought.
1653          (9) This section does not extend the period of limitation or repose otherwise prescribed
1654     by law or a valid and enforceable contract.
1655          (10) This section does not create or modify any claim or cause of action.
1656          (11) This section applies to all causes of action that accrue after May 3, 2003,
1657     notwithstanding that the improvement was completed or abandoned before May 3, 2004.