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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to single-family housing.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies and defines terms applicable to municipal and county land use
13 development and management;
14 ▸ allows a municipality or county to punish an individual who lists or offers a certain
15 licensed or permitted accessory dwelling unit as a short-term rental;
16 ▸ allows municipalities and counties to require specified physical changes to certain
17 accessory dwelling units;
18 ▸ in any single-family residential land use zone:
19 • requires municipalities and counties to classify certain accessory dwelling units
20 as a permitted land use; and
21 • prohibits municipalities and counties from establishing restrictions or
22 requirements for certain accessory dwelling units with limited exceptions;
23 ▸ allows a municipality or county to hold a lien against real property containing
24 certain accessory dwelling units in certain circumstances;
25 ▸ provides for statewide amendments to the International Residential Code related to
26 accessory dwelling units;
27 ▸ requires the executive director of the Olene Walker Housing Loan Fund to establish
28 a two-year pilot program to provide loan guarantees for certain loans related to
29 accessory dwelling units;
30 ▸ prevents a homeowners association from prohibiting the construction or rental of
31 certain accessory dwelling units; and
32 ▸ makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides a special effective date.
37 Utah Code Sections Affected:
38 AMENDS:
39 10-8-85.4, as enacted by Laws of Utah 2017, Chapter 335
40 10-9a-505.5, as last amended by Laws of Utah 2012, Chapter 172
41 10-9a-511.5, as enacted by Laws of Utah 2015, Chapter 205
42 15A-3-202, as last amended by Laws of Utah 2020, Chapter 441
43 15A-3-204, as last amended by Laws of Utah 2016, Chapter 249
44 15A-3-206, as last amended by Laws of Utah 2018, Chapter 186
45 17-27a-505.5, as last amended by Laws of Utah 2015, Chapter 465
46 17-27a-510.5, as enacted by Laws of Utah 2015, Chapter 205
47 17-50-338, as enacted by Laws of Utah 2017, Chapter 335
48 35A-8-505, as last amended by Laws of Utah 2020, Chapter 241
49 57-8a-209, as last amended by Laws of Utah 2018, Chapter 395
50 57-8a-218, as last amended by Laws of Utah 2017, Chapter 131
51 ENACTS:
52 10-9a-530, Utah Code Annotated 1953
53 17-27a-526, Utah Code Annotated 1953
54 35A-8-504.5, Utah Code Annotated 1953
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 10-8-85.4 is amended to read:
58 10-8-85.4. Ordinances regarding short-term rentals -- Prohibition on ordinances
59 restricting speech on short-term rental websites.
60 (1) As used in this section:
61 (a) "Internal accessory dwelling unit" means the same as that term is defined in Section
62 10-9a-511.5.
63 [
64 structure that is occupied as a residence.
65 [
66 that the owner of record or the lessee of the residential unit offers for occupancy for fewer than
67 30 consecutive days.
68 [
69 (i) allows a person to offer a short-term rental to one or more prospective renters; and
70 (ii) facilitates the renting of, and payment for, a short-term rental.
71 (2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body
72 may not:
73 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
74 short-term rental on a short-term rental website; or
75 (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
76 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
77 rental on a short-term rental website.
78 (3) Subsection (2) does not apply to an individual who lists or offers an internal
79 accessory dwelling unit as a short-term rental on a short-term rental website if the municipality
80 records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6).
81 Section 2. Section 10-9a-505.5 is amended to read:
82 10-9a-505.5. Limit on single family designation.
83 (1) As used in this section, "single-family limit" means the number of [
84 individuals allowed to occupy each residential unit that is recognized by a land use authority in
85 a zone permitting occupancy by a single family.
86 (2) A municipality may not adopt a single-family limit that is less than:
87 (a) three, if the municipality has within its boundary:
88 (i) a state university; or
89 (ii) a private university with a student population of at least 20,000; or
90 (b) four, for each other municipality.
91 Section 3. Section 10-9a-511.5 is amended to read:
92 10-9a-511.5. Changes to dwellings -- Egress windows.
93 (1) [
94 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
95 (i) within a primary dwelling;
96 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
97 time the internal accessory dwelling unit is created; and
98 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
99 (b) "Primary dwelling" means a single-family dwelling that:
100 (i) is detached; and
101 (ii) is occupied as the primary residence of the owner of record.
102 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
103 (2) A municipal ordinance adopted under Section 10-1-203.5 may not:
104 (a) require physical changes in a structure with a legal nonconforming rental dwelling
105 use unless the change is for:
106 (i) the reasonable installation of:
107 (A) a smoke detector that is plugged in or battery operated;
108 (B) a ground fault circuit interrupter protected outlet on existing wiring;
109 (C) street addressing;
110 (D) except as provided in Subsection (3), an egress bedroom window if the existing
111 bedroom window is smaller than that required by current State Construction Code;
112 (E) an electrical system or a plumbing system, if the existing system is not functioning
113 or is unsafe as determined by an independent electrical or plumbing professional who is
114 licensed in accordance with Title 58, Occupations and Professions;
115 (F) hand or guard rails; or
116 (G) occupancy separation doors as required by the International Residential Code; or
117 (ii) the abatement of a structure; or
118 (b) be enforced to terminate a legal nonconforming rental dwelling use.
119 (3) (a) A municipality may not require physical changes to install an egress or
120 emergency escape window in an existing bedroom that complied with the State Construction
121 Code in effect at the time the bedroom was finished if:
122 [
123 [
124 [
125 means of egress; and
126 [
127 current State Construction Code; and
128 [
129 not be completed in accordance with current State Construction Code, including set-back and
130 window well requirements.
131 (b) Subsection (3)(a) does not apply to an internal accessory dwelling unit.
132 (4) Nothing in this section prohibits a municipality from:
133 (a) regulating the style of window that is required or allowed in a bedroom;
134 (b) requiring that a window in an existing bedroom be fully openable if the openable
135 area is less than required by current State Construction Code; or
136 (c) requiring that an existing window not be reduced in size if the openable area is
137 smaller than required by current State Construction Code.
138 Section 4. Section 10-9a-530 is enacted to read:
139 10-9a-530. Internal accessory dwelling units.
140 (1) As used in this section:
141 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
142 (i) within a primary dwelling;
143 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
144 time the internal accessory dwelling unit is created; and
145 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
146 (b) "Primary dwelling" means a single-family dwelling that:
147 (i) is detached; and
148 (ii) is occupied as the primary residence of the owner of record.
149 (2) In any area zoned primarily for residential use:
150 (a) the use of an internal accessory dwelling unit is a permitted use; and
151 (b) except as provided in Subsections (3) and (4), a municipality may not establish any
152 restrictions or requirements for the construction or use of one internal accessory dwelling unit
153 within a primary dwelling, including a restriction or requirement governing:
154 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
155 (ii) total lot size; or
156 (iii) street frontage.
157 (3) An internal accessory dwelling unit shall comply with all applicable building,
158 health, and fire codes.
159 (4) A municipality may:
160 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
161 unit;
162 (b) require that an internal accessory dwelling unit be designed in a manner that does
163 not change the appearance of the primary dwelling as a single-family dwelling;
164 (c) require a primary dwelling:
165 (i) to include one additional on-site parking space for an internal accessory dwelling
166 unit, regardless of whether the primary dwelling is existing or new construction; and
167 (ii) to replace any parking spaces contained within a garage or carport if an internal
168 accessory dwelling unit is created within the garage or carport;
169 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
170 defined in Section 57-16-3;
171 (e) require the owner of a primary dwelling to obtain a permit or license for renting an
172 internal accessory dwelling unit;
173 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
174 covering an area that is equivalent to:
175 (i) 25% or less of the total area in the municipality that is zoned primarily for
176 residential use; or
177 (ii) 67% or less of the total area in the municipality that is zoned primarily for
178 residential use, if the main campus of a state or private university with a student population of
179 10,000 or more is located within the municipality;
180 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
181 is served by a failing septic tank;
182 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
183 primary dwelling is 6,000 square feet or less in size;
184 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
185 period of less than 30 consecutive days;
186 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
187 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
188 (k) hold a lien against a property that contains an internal accessory dwelling unit in
189 accordance with Subsection (5); and
190 (l) record a notice for an internal accessory dwelling unit in accordance with
191 Subsection (6).
192 (5) (a) In addition to any other legal or equitable remedies available to a municipality, a
193 municipality may hold a lien against a property that contains an internal accessory dwelling
194 unit if:
195 (i) the owner of the property violates any of the provisions of this section or any
196 ordinance adopted under Subsection (4);
197 (ii) the municipality provides a written notice of violation in accordance with
198 Subsection (5)(b);
199 (iii) the municipality holds a hearing and determines that the violation has occurred in
200 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
201 Subsection (5)(b)(iv);
202 (iv) the owner fails to cure the violation within the time period prescribed in the
203 written notice of violation under Subsection (5)(b);
204 (v) the municipality provides a written notice of lien in accordance with Subsection
205 (5)(c); and
206 (vi) the municipality records a copy of the written notice of lien described in
207 Subsection (5)(a)(iv) with the county recorder of the county in which the property is located.
208 (b) The written notice of violation shall:
209 (i) describe the specific violation;
210 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
211 to cure the violation that is:
212 (A) no less than 14 days after the day on which the municipality sends the written
213 notice of violation, if the violation results from the owner renting or offering to rent the internal
214 accessory dwelling unit for a period of less than 30 consecutive days; or
215 (B) no less than 30 days after the day on which the municipality sends the written
216 notice of violation, for any other violation;
217 (iii) state that if the owner of the property fails to cure the violation within the time
218 period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
219 in an amount of up to $100 for each day of violation after the day on which the opportunity to
220 cure the violation expires;
221 (iv) notify the owner of the property:
222 (A) that the owner may file a written objection to the violation within 14 days after the
223 day on which the written notice of violation is post-marked or posted on the property; and
224 (B) of the name and address of the municipal office where the owner may file the
225 written objection;
226 (v) be mailed to:
227 (A) the property's owner of record; and
228 (B) any other individual designated to receive notice in the owner's license or permit
229 records; and
230 (vi) be posted on the property.
231 (c) The written notice of lien shall:
232 (i) comply with the requirements of Section 38-12-102;
233 (ii) state that the property is subject to a lien;
234 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
235 the day on which the opportunity to cure the violation expires;
236 (iv) be mailed to:
237 (A) the property's owner of record; and
238 (B) any other individual designated to receive notice in the owner's license or permit
239 records; and
240 (v) be posted on the property.
241 (d) (i) If an owner of property files a written objection in accordance with Subsection
242 (5)(b)(iv), the municipality shall:
243 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
244 Act, to conduct a review and determine whether the specific violation described in the written
245 notice of violation under Subsection (5)(b) has occurred; and
246 (B) notify the owner in writing of the date, time, and location of the hearing described
247 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
248 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
249 municipality may not record a lien under this Subsection (5) until the municipality holds a
250 hearing and determines that the specific violation has occurred.
251 (iii) If the municipality determines at the hearing that the specific violation has
252 occurred, the municipality may impose a lien in an amount of up to $100 for each day of
253 violation after the day on which the opportunity to cure the violation expires, regardless of
254 whether the hearing is held after the day on which the opportunity to cure the violation has
255 expired.
256 (e) If an owner cures a violation within the time period prescribed in the written notice
257 of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
258 or impose any penalty or fee on the owner, in relation to the specific violation described in the
259 written notice of violation under Subsection (5)(b).
260 (6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
261 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
262 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
263 notice in the office of the recorder of the county in which the primary dwelling is located.
264 (b) The notice described in Subsection (6)(a) shall include:
265 (i) a description of the primary dwelling;
266 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
267 and
268 (iii) a statement that the internal accessory dwelling unit may only be used in
269 accordance with the municipality's land use regulations.
270 (c) The municipality shall, upon recording the notice described in Subsection (6)(a),
271 deliver a copy of the notice to the owner of the internal accessory dwelling unit.
272 Section 5. Section 15A-3-202 is amended to read:
273 15A-3-202. Amendments to Chapters 1 through 5 of IRC.
274 (1) In IRC, Section R102, a new Section R102.7.2 is added as follows: "R102.7.2
275 Physical change for bedroom window egress. A structure whose egress window in an existing
276 bedroom is smaller than required by this code, and that complied with the construction code in
277 effect at the time that the bedroom was finished, is not required to undergo a physical change to
278 conform to this code if the change would compromise the structural integrity of the structure or
279 could not be completed in accordance with other applicable requirements of this code,
280 including setback and window well requirements."
281 (2) In IRC, Section R108.3, the following sentence is added at the end of the section:
282 "The building official shall not request proprietary information."
283 (3) In IRC, Section 109:
284 (a) A new IRC, Section 109.1.5, is added as follows: "R109.1.5 Weather-resistant
285 exterior wall envelope inspections. An inspection shall be made of the weather-resistant
286 exterior wall envelope as required by Section R703.1 and flashings as required by Section
287 R703.8 to prevent water from entering the weather-resistive barrier."
288 (b) The remaining sections are renumbered as follows: R109.1.6 Other inspections;
289 R109.1.6.1 Fire- and smoke-resistance-rated construction inspection; R109.1.6.2 Reinforced
290 masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection;
291 and R109.1.7 Final inspection.
292 (4) IRC, Section R114.1, is deleted and replaced with the following: "R114.1 Notice to
293 owner. Upon notice from the building official that work on any building or structure is being
294 prosecuted contrary to the provisions of this code or other pertinent laws or ordinances or in an
295 unsafe and dangerous manner, such work shall be immediately stopped. The stop work order
296 shall be in writing and shall be given to the owner of the property involved, or to the owner's
297 agent or to the person doing the work; and shall state the conditions under which work will be
298 permitted to resume."
299 (5) In IRC, Section R202, the following definition is added: "ACCESSORY
300 DWELLING UNIT: A habitable living unit created within the existing footprint of a primary
301 owner-occupied single-family dwelling."
302 [
303 BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to
304 test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction
305 under Utah Code, Subsection 19-4-104(4)."
306 [
307 replaced with the following: "CROSS CONNECTION. Any physical connection or potential
308 connection or arrangement between two otherwise separate piping systems, one of which
309 contains potable water and the other either water of unknown or questionable safety or steam,
310 gas, or chemical, whereby there exists the possibility for flow from one system to the other,
311 with the direction of flow depending on the pressure differential between the two systems (see
312 "Backflow, Water Distribution")."
313 [
314 the word "washers"; the word "and" is deleted; and the following is added to the end: "and
315 clear water wastes which have a pH of 6.0 to 9.0; are non-flammable; non-combustible;
316 without objectionable odors; non-highly pigmented; and will not interfere with the operation of
317 the sewer treatment facility."
318 [
319 replaced with the following: "POTABLE WATER. Water free from impurities present in
320 amounts sufficient to cause disease or harmful physiological effects and conforming to the
321 Utah Code, Title 19, Chapter 4, Safe Drinking Water Act, and Title 19, Chapter 5, Water
322 Quality Act, and the regulations of the public health authority having jurisdiction."
323 [
| 324 | ||||
| 325 | ||||
| 326 | City/Town | County | Ground Snow Load (lb/ft2) | Elevation (ft) |
| 327 | Beaver | Beaver | 35 | 5886 |
| 328 | Brigham City | Box Elder | 42 | 4423 |
| 329 | Castle Dale | Emery | 32 | 5669 |
| 330 | Coalville | Summit | 57 | 5581 |
| 331 | Duchesne | Duchesne | 39 | 5508 |
| 332 | Farmington | Davis | 35 | 4318 |
| 333 | Fillmore | Millard | 30 | 5138 |
| 334 | Heber City | Wasatch | 60 | 5604 |
| 335 | Junction | Piute | 27 | 6030 |
| 336 | Kanab | Kane | 25 | 4964 |
| 337 | Loa | Wayne | 37 | 7060 |
| 338 | Logan | Cache | 43 | 4531 |
| 339 | Manila | Daggett | 26 | 6368 |
| 340 | Manti | Sanpete | 37 | 5620 |
| 341 | Moab | Grand | 21 | 4029 |
| 342 | Monticello | San Juan | 67 | 7064 |
| 343 | Morgan | Morgan | 52 | 5062 |
| 344 | Nephi | Juab | 39 | 5131 |
| 345 | Ogden | Weber | 37 | 4334 |
| 346 | Panguitch | Garfield | 41 | 6630 |
| 347 | Parowan | Iron | 32 | 6007 |
| 348 | Price | Carbon | 31 | 5558 |
| 349 | Provo | Utah | 31 | 4541 |
| 350 | Randolph | Rich | 50 | 6286 |
| 351 | Richfield | Sevier | 27 | 5338 |
| 352 | St. George | Washington | 21 | 2585 |
| 353 | Salt Lake City | Salt Lake | 28 | 4239 |
| 354 | Tooele | Tooele | 35 | 5029 |
| 355 | Vernal | Uintah | 39 | 5384 |
| 356 | Note: To convert lb/ft2 to kN/m2, multiply by 0.0479. To convert feet to meters, multiply by 0.3048. 1. Statutory requirements of the Authority Having Jurisdiction are not included in this state ground snow load table. 2. For locations where there is substantial change in altitude over the city/town, the load applies at and below the cited elevation, with a tolerance of 100 ft (30 m). 3. For other locations in Utah, see Bean, B., Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for ground snow load values. | |||
358 Utah Snow Loads. The snow loads specified in Table R301.2(5b) shall be used for the
359 jurisdictions identified in that table. Otherwise, for other locations in Utah, see Bean, B.,
360 Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and
361 Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for
362 ground snow load values."
363 [
364 sentence: "When an access/maintenance agreement or easement is in place, plumbing,
365 mechanical ducting, schedule 40 steel gas pipe, and electric service conductors including
366 feeders, are permitted to penetrate the common wall at grade, above grade, or below grade."
367 (13) In IRC, Section R302.3, a new exception 3 is added as follows: "3. Accessory
368 dwelling units separated by walls or floor assemblies protected by not less than 1/2-inch (12.7
369 mm) gypsum board or equivalent on each side of the wall or bottom of the floor assembly are
370 exempt from the requirements of this section."
371 [
372 replaced with "self-latching hardware."
373 [
374 [
375 sentence.
376 (17) In IRC, Section R310.6, in the exception, the words "or accessory dwelling units"
377 are added after the words "sleeping rooms".
378 [
379 the following: "R311.7.4 Stair treads and risers. R311.7.5.1 Riser height. The maximum riser
380 height shall be 8 inches (203 mm). The riser shall be measured vertically between leading
381 edges of the adjacent treads. The greatest riser height within any flight of stairs shall not
382 exceed the smallest by more than 3/8 inch (9.5 mm).
383 R311.7.5.2 Tread depth. The minimum tread depth shall be 9 inches (228 mm). The tread
384 depth shall be measured horizontally between the vertical planes of the foremost projection of
385 adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within
386 any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder
387 treads shall have a minimum tread depth of 10 inches (254 mm) measured as above at a point
388 12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a
389 minimum tread depth of 6 inches (152 mm) at any point. Within any flight of stairs, the
390 greatest winder tread depth at the 12-inch (305 mm) walk line shall not exceed the smallest by
391 more than 3/8 inch (9.5 mm).
392 R311.7.5.3 Profile. The radius of curvature at the leading edge of the tread shall be no greater
393 than 9/16 inch (14.3 mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4
394 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection
395 shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two
396 stories, including the nosing at the level of floors and landings. Beveling of nosing shall not
397 exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading
398 edge of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open
399 risers are permitted, provided that the opening between treads does not permit the passage of a
400 4-inch diameter (102 mm) sphere.
401 Exceptions.
402 1. A nosing is not required where the tread depth is a minimum of 10 inches (254 mm).
403 2. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches
404 (762 mm) or less."
405 [
406 [
407 following: "R313.1 Design and installation. When installed, automatic residential fire
408 sprinkler systems for townhouses or one- and two-family dwellings shall be designed and
409 installed in accordance with Section P2904 or NFPA 13D."
410 (21) In IRC, Section R314.2.2, the words "or accessory dwelling units" are added after
411 the words "sleeping rooms".
412 (22) In IRC, Section R315.2.2, the words "or accessory dwelling units" are added after
413 the words "sleeping rooms".
414 [
415 after the word "installed": "on each level of the dwelling unit and."
416 [
417 "3. Hard wiring of carbon monoxide alarms in existing areas shall not be required where the
418 alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing
419 the structure, unless there is an attic, crawl space or basement available which could provide
420 access for hard wiring, without the removal of interior finishes."
421 [
422 Where more than one carbon monoxide alarm is required to be installed within an individual
423 dwelling unit in accordance with Section R315.1, the alarm devices shall be interconnected in
424 such a manner that the actuation of one alarm will activate all of the alarms in the individual
425 unit. Physical interconnection of smoke alarms shall not be required where listed wireless
426 alarms are installed and all alarms sound upon activation of one alarm.
427 Exception: Interconnection of carbon monoxide alarms in existing areas shall not be required
428 where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing
429 the structure, unless there is an attic, crawl space or basement available which could provide
430 access for interconnection without the removal of interior finishes."
431 [
432 is added to the end of the paragraph: "or treated with a moisture resistant coating."
433 [
434 after the words "pools and spas shall comply with".
435 [
436 When anchor bolt spacing does not exceed 32 inches (813 mm) apart, anchor bolts may be
437 placed with a minimum of two bolts per plate section located not less than 4 inches (102 mm)
438 from each end of each plate section at interior bearing walls, interior braced wall lines, and at
439 all exterior walls."
440 [
441 and Item 3 as follows: "Exception: When anchor bolt spacing does not exceed 32 inches (816
442 mm) apart, anchor bolts may be placed with a minimum of two bolts per plate section located
443 not less than 4 inches (102 mm) from each end of each plate section at interior bearing walls,
444 interior braced wall lines, and at all exterior walls."
445 [
446 As an alternative to complying with Sections R404.1 through R404.1.5.3, concrete and
447 masonry foundation walls may be designed in accordance with IBC Sections 1807.1.5 and
448 1807.1.6 as amended in Section 1807.1.6.4 and Table 1807.1.6.4 under these rules."
449 [
450 When a geotechnical report has been provided for the property, a drainage system is not
451 required unless the drainage system is required as a condition of the geotechnical report. The
452 geological report shall make a recommendation regarding a drainage system."
453 Section 6. Section 15A-3-204 is amended to read:
454 15A-3-204. Amendments to Chapters 16 through 25 of IRC.
455 (1) In IRC, Section M1602.2, a new exception is added at the end of Item 6 as follows:
456 "Exception: The discharge of return air from an accessory dwelling unit into another dwelling
457 unit, or into an accessory dwelling unit from another dwelling unit, is not prohibited."
458 (2) A new IRC, Section G2401.2, is added as follows: "G2401.2 Meter Protection.
459 Fuel gas services shall be in an approved location and/or provided with structures designed to
460 protect the fuel gas meter and surrounding piping from physical damage, including falling,
461 moving, or migrating ice and snow. If an added structure is used, it must provide access for
462 service and comply with the IBC or the IRC."
463 Section 7. Section 15A-3-206 is amended to read:
464 15A-3-206. Amendments to Chapters 36 through 44 and Appendix F of IRC.
465 (1) In IRC, Section E3601.6.2, a new exception is added as follows: "Exception: An
466 occupant of an accessory dwelling unit is not required to have access to the disconnect serving
467 the dwelling unit in which they reside."
468 [
469 "assemblies": "with ungrounded conductors 10 AWG and smaller".
470 [
471 "Exception: Receptacles or other outlets adjacent to the exterior walls of the garage, outlets
472 adjacent to an exterior wall of the garage, or outlets in a storage room with entry from the
473 garage may be connected to the garage branch circuit."
474 [
475 [
476 (a) following the word "Exception" the number "1." is added; and
477 (b) at the end of the section, the following sentences are added:
478 "2. This section does not apply for a simple move or an extension of a branch circuit or an
479 outlet which does not significantly increase the existing electrical load. This exception does
480 not include changes involving remodeling or additions to a residence."
481 [
| 482 | "Standard reference number | Title | Referenced in code section number |
| 483 | USC-FCCCHR 10th Edition Manual of Cross Connection Control | Foundation for Cross-Connection Control and Hydraulic Research University of Southern California Kaprielian Hall 300 Los Angeles CA 90089-2531 | Table P2902.3" |
485 the voluntary installation shall comply with Appendix F of the IRC.
486 (b) An additional inspection of a voluntary installation described in Subsection [
487 (7)(a) is not required.
488 Section 8. Section 17-27a-505.5 is amended to read:
489 17-27a-505.5. Limit on single family designation.
490 (1) As used in this section, "single-family limit" means the number of [
491 individuals allowed to occupy each residential unit that is recognized by a land use authority in
492 a zone permitting occupancy by a single family.
493 (2) A county may not adopt a single-family limit that is less than:
494 (a) three, if the county has within its unincorporated area:
495 (i) a state university;
496 (ii) a private university with a student population of at least 20,000; or
497 (iii) a mountainous planning district; or
498 (b) four, for each other county.
499 Section 9. Section 17-27a-510.5 is amended to read:
500 17-27a-510.5. Changes to dwellings -- Egress windows.
501 (1) [
502 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
503 (i) within a primary dwelling;
504 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
505 time the internal accessory dwelling unit is created; and
506 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
507 (b) "Primary dwelling" means a single-family dwelling that:
508 (i) is detached; and
509 (ii) is occupied as the primary residence of the owner of record.
510 (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5.
511 (2) A county ordinance adopted under Section 10-1-203.5 may not:
512 (a) require physical changes in a structure with a legal nonconforming rental dwelling
513 use unless the change is for:
514 (i) the reasonable installation of:
515 (A) a smoke detector that is plugged in or battery operated;
516 (B) a ground fault circuit interrupter protected outlet on existing wiring;
517 (C) street addressing;
518 (D) except as provided in Subsection (3), an egress bedroom window if the existing
519 bedroom window is smaller than that required by current State Construction Code;
520 (E) an electrical system or a plumbing system, if the existing system is not functioning
521 or is unsafe as determined by an independent electrical or plumbing professional who is
522 licensed in accordance with Title 58, Occupations and Professions;
523 (F) hand or guard rails; or
524 (G) occupancy separation doors as required by the International Residential Code; or
525 (ii) the abatement of a structure; or
526 (b) be enforced to terminate a legal nonconforming rental dwelling use.
527 (3) (a) A county may not require physical changes to install an egress or emergency
528 escape window in an existing bedroom that complied with the State Construction Code in
529 effect at the time the bedroom was finished if:
530 [
531 [
532 [
533 means of egress; and
534 [
535 current State Construction Code; and
536 [
537 not be completed in accordance with current State Construction Code, including set-back and
538 window well requirements.
539 (b) Subsection (3)(a) does not apply to an internal accessory dwelling unit.
540 (4) Nothing in this section prohibits a county from:
541 (a) regulating the style of window that is required or allowed in a bedroom;
542 (b) requiring that a window in an existing bedroom be fully openable if the openable
543 area is less than required by current State Construction Code; or
544 (c) requiring that an existing window not be reduced in size if the openable area is
545 smaller than required by current State Construction Code.
546 Section 10. Section 17-27a-526 is enacted to read:
547 17-27a-526. Internal accessory dwelling units.
548 (1) As used in this section:
549 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
550 (i) within a primary dwelling;
551 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
552 time the internal accessory dwelling unit is created; and
553 (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
554 (b) "Primary dwelling" means a single-family dwelling that:
555 (i) is detached; and
556 (ii) is occupied as the primary residence of the owner of record.
557 (2) In any area zoned primarily for residential use:
558 (a) the use of an internal accessory dwelling unit is a permitted use; and
559 (b) except as provided in Subsections (3) and (4), a county may not establish any
560 restrictions or requirements for the construction or use of one internal accessory dwelling unit
561 within a primary dwelling, including a restriction or requirement governing:
562 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
563 (ii) total lot size; or
564 (iii) street frontage.
565 (3) An internal accessory dwelling unit shall comply with all applicable building,
566 health, and fire codes.
567 (4) A county may:
568 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
569 unit;
570 (b) require that an internal accessory dwelling unit be designed in a manner that does
571 not change the appearance of the primary dwelling as a single-family dwelling;
572 (c) require a primary dwelling:
573 (i) to include one additional on-site parking space for an internal accessory dwelling
574 unit, regardless of whether the primary dwelling is existing or new construction; and
575 (ii) to replace any parking spaces contained within a garage or carport if an internal
576 accessory dwelling unit is created within the garage or carport;
577 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
578 defined in Section 57-16-3;
579 (e) require the owner of a primary dwelling to obtain a permit or license for renting an
580 internal accessory dwelling unit;
581 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
582 covering an area that is equivalent to 25% or less of the total unincorporated area in the county
583 that is zoned primarily for residential use;
584 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
585 is served by a failing septic tank;
586 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
587 primary dwelling is 6,000 square feet or less in size;
588 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
589 period of less than 30 consecutive days;
590 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
591 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
592 (k) hold a lien against a property that contains an internal accessory dwelling unit in
593 accordance with Subsection (5); and
594 (l) record a notice for an internal accessory dwelling unit in accordance with
595 Subsection (6).
596 (5) (a) In addition to any other legal or equitable remedies available to a county, a
597 county may hold a lien against a property that contains an internal accessory dwelling unit if:
598 (i) the owner of the property violates any of the provisions of this section or any
599 ordinance adopted under Subsection (4);
600 (ii) the county provides a written notice of violation in accordance with Subsection
601 (5)(b);
602 (iii) the county holds a hearing and determines that the violation has occurred in
603 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
604 Subsection (5)(b)(iv);
605 (iv) the owner fails to cure the violation within the time period prescribed in the
606 written notice of violation under Subsection (5)(b);
607 (v) the county provides a written notice of lien in accordance with Subsection (5)(c);
608 and
609 (vi) the county records a copy of the written notice of lien described in Subsection
610 (5)(a)(iv) with the county recorder of the county in which the property is located.
611 (b) The written notice of violation shall:
612 (i) describe the specific violation;
613 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
614 to cure the violation that is:
615 (A) no less than 14 days after the day on which the county sends the written notice of
616 violation, if the violation results from the owner renting or offering to rent the internal
617 accessory dwelling unit for a period of less than 30 consecutive days; or
618 (B) no less than 30 days after the day on which the county sends the written notice of
619 violation, for any other violation; and
620 (iii) state that if the owner of the property fails to cure the violation within the time
621 period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
622 amount of up to $100 for each day of violation after the day on which the opportunity to cure
623 the violation expires;
624 (iv) notify the owner of the property:
625 (A) that the owner may file a written objection to the violation within 14 days after the
626 day on which the written notice of violation is post-marked or posted on the property; and
627 (B) of the name and address of the county office where the owner may file the written
628 objection;
629 (v) be mailed to:
630 (A) the property's owner of record; and
631 (B) any other individual designated to receive notice in the owner's license or permit
632 records; and
633 (vi) be posted on the property.
634 (c) The written notice of lien shall:
635 (i) comply with the requirements of Section 38-12-102;
636 (ii) describe the specific violation;
637 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
638 the day on which the opportunity to cure the violation expires;
639 (iv) be mailed to:
640 (A) the property's owner of record; and
641 (B) any other individual designated to receive notice in the owner's license or permit
642 records; and
643 (v) be posted on the property.
644 (d) (i) If an owner of property files a written objection in accordance with Subsection
645 (5)(b)(iv), the county shall:
646 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
647 Act, to conduct a review and determine whether the specific violation described in the written
648 notice of violation under Subsection (5)(b) has occurred; and
649 (B) notify the owner in writing of the date, time, and location of the hearing described
650 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
651 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
652 county may not record a lien under this Subsection (5) until the county holds a hearing and
653 determines that the specific violation has occurred.
654 (iii) If the county determines at the hearing that the specific violation has occurred, the
655 county may impose a lien in an amount of up to $100 for each day of violation after the day on
656 which the opportunity to cure the violation expires, regardless of whether the hearing is held
657 after the day on which the opportunity to cure the violation has expired.
658 (e) If an owner cures a violation within the time period prescribed in the written notice
659 of violation under Subsection (5)(b), the county may not hold a lien against the property, or
660 impose any penalty or fee on the owner, in relation to the specific violation described in the
661 written notice of violation under Subsection (5)(b).
662 (6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
663 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
664 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
665 notice in the office of the recorder of the county in which the primary dwelling is located.
666 (b) The notice described in Subsection (6)(a) shall include:
667 (i) a description of the primary dwelling;
668 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
669 and
670 (iii) a statement that the internal accessory dwelling unit may only be used in
671 accordance with the county's land use regulations.
672 (c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
673 copy of the notice to the owner of the internal accessory dwelling unit.
674 Section 11. Section 17-50-338 is amended to read:
675 17-50-338. Ordinances regarding short-term rentals -- Prohibition on ordinances
676 restricting speech on short-term rental websites.
677 (1) As used in this section:
678 (a) "Internal accessory dwelling unit" means the same as that term is defined in Section
679 10-9a-511.5.
680 [
681 structure that is occupied as a residence.
682 [
683 that the owner of record or the lessee of the residential unit offers for occupancy for fewer than
684 30 consecutive days.
685 [
686 (i) allows a person to offer a short-term rental to one or more prospective renters; and
687 (ii) facilitates the renting of, and payment for, a short-term rental.
688 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a legislative
689 body may not:
690 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
691 short-term rental on a short-term rental website; or
692 (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
693 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
694 rental on a short-term rental website.
695 (3) Subsection (2) does not apply to an individual who lists or offers an internal
696 accessory dwelling unit as a short-term rental on a short-term rental website if the county
697 records a notice for the internal accessory dwelling unit under Subsection 17-27a-526(6).
698 Section 12. Section 35A-8-504.5 is enacted to read:
699 35A-8-504.5. Low-income ADU loan guarantee pilot program.
700 (1) As used in this section:
701 (a) "Accessory dwelling unit" means the same as that term is defined in Section
702 10-9a-103.
703 (b) "Borrower" means a residential property owner who receives a low-income ADU
704 loan from a lender.
705 (c) "Lender" means a trust company, savings bank, savings and loan association, bank,
706 credit union, or any other entity that provides low-income ADU loans directly to borrowers.
707 (d) "Low-income ADU loan" means a loan made by a lender to a borrower for the
708 purpose of financing the construction of an accessory dwelling unit that is:
709 (i) located on the borrower's residential property; and
710 (ii) rented to a low-income individual.
711 (e) "Low-income individual" means an individual whose household income is less than
712 80% of the area median income.
713 (f) "Pilot program" means the two-year pilot program created in this section.
714 (2) The executive director shall establish a two-year pilot program to provide loan
715 guarantees on behalf of borrowers for the purpose of insuring the repayment of low-income
716 ADU loans.
717 (3) The executive director may not provide a loan guarantee for a low-income ADU
718 loan under the pilot program unless:
719 (a) the lender:
720 (i) agrees in writing to participate in the pilot program;
721 (ii) makes available to prospective borrowers the option of receiving a low-income
722 ADU loan that:
723 (A) has a term of 15 years; and
724 (B) charges interest at a fixed rate;
725 (iii) monitors the activities of the borrower on a yearly basis during the term of the loan
726 to ensure the borrower's compliance with:
727 (A) Subsection (3)(c); and
728 (B) any other term or condition of the loan; and
729 (iv) promptly notifies the executive director in writing if the borrower fails to comply
730 with:
731 (A) Subsection (3)(c); or
732 (B) any other term or condition of the loan;
733 (b) the loan terms of the low-income ADU loan:
734 (i) are consistent with the loan terms described in Subsection (3)(a)(ii); or
735 (ii) if different from the loan terms described in Subsection (3)(a)(ii), are mutually
736 agreed upon by the lender and the borrower; and
737 (c) the borrower:
738 (i) agrees in writing to participate in the pilot program;
739 (ii) constructs an accessory dwelling unit on the borrower's residential property within
740 one year after the day on which the borrower receives the loan;
741 (iii) occupies the primary residence to which the accessory dwelling unit is associated:
742 (A) after the accessory dwelling unit is completed; and
743 (B) for the remainder of the term of the loan; and
744 (iv) rents the accessory dwelling unit to a low-income individual:
745 (A) after the accessory dwelling unit is completed; and
746 (B) for the remainder of the term of the loan.
747 (4) At the direction of the board, the executive director shall make rules in accordance
748 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
749 (a) the minimum criteria for lenders and borrowers to participate in the pilot program;
750 (b) the terms and conditions for loan guarantees provided under the pilot program,
751 consistent with Subsection (3); and
752 (c) procedures for the pilot program's loan guarantee process.
753 (5) The executive director shall submit a report on the pilot program to the Business
754 and Labor Interim Committee on or before November 30, 2023.
755 Section 13. Section 35A-8-505 is amended to read:
756 35A-8-505. Activities authorized to receive fund money -- Powers of the executive
757 director.
758 At the direction of the board, the executive director may:
759 (1) provide fund money to any of the following activities:
760 (a) the acquisition, rehabilitation, or new construction of low-income housing units;
761 (b) matching funds for social services projects directly related to providing housing for
762 special-need renters in assisted projects;
763 (c) the development and construction of accessible housing designed for low-income
764 persons;
765 (d) the construction or improvement of a shelter or transitional housing facility that
766 provides services intended to prevent or minimize homelessness among members of a specific
767 homeless subpopulation;
768 (e) the purchase of an existing facility to provide temporary or transitional housing for
769 the homeless in an area that does not require rezoning before providing such temporary or
770 transitional housing;
771 (f) the purchase of land that will be used as the site of low-income housing units;
772 (g) the preservation of existing affordable housing units for low-income persons; [
773 (h) providing loan guarantees under the two-year pilot program established in Section
774 35A-8-504.5; and
775 [
776 availability or quality of housing in the state for low-income persons; and
777 (2) do any act necessary or convenient to the exercise of the powers granted by this part
778 or reasonably implied from those granted powers, including:
779 (a) making or executing contracts and other instruments necessary or convenient for
780 the performance of the executive director and board's duties and the exercise of the executive
781 director and board's powers and functions under this part, including contracts or agreements for
782 the servicing and originating of mortgage loans;
783 (b) procuring insurance against a loss in connection with property or other assets held
784 by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
785 (c) entering into agreements with a department, agency, or instrumentality of the
786 United States or this state and with mortgagors and mortgage lenders for the purpose of
787 planning and regulating and providing for the financing and refinancing, purchase,
788 construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
789 or other disposition of residential housing undertaken with the assistance of the department
790 under this part;
791 (d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
792 repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
793 personal property obtained by the fund due to the default on a mortgage loan held by the fund
794 in preparation for disposition of the property, taking assignments of leases and rentals,
795 proceeding with foreclosure actions, and taking other actions necessary or incidental to the
796 performance of its duties; and
797 (e) selling, at a public or private sale, with public bidding, a mortgage or other
798 obligation held by the fund.
799 Section 14. Section 57-8a-209 is amended to read:
800 57-8a-209. Rental restrictions.
801 (1) (a) Subject to Subsections (1)(b), (5), [
802 (i) create restrictions on the number and term of rentals in an association; or
803 (ii) prohibit rentals in the association.
804 (b) An association that creates a rental restriction or prohibition in accordance with
805 Subsection (1)(a) shall create the rental restriction or prohibition in a recorded declaration of
806 covenants, conditions, and restrictions, or by amending the recorded declaration of covenants,
807 conditions, and restrictions.
808 (2) If an association prohibits or imposes restrictions on the number and term of
809 rentals, the restrictions shall include:
810 (a) a provision that requires the association to exempt from the rental restrictions the
811 following lot owner and the lot owner's lot:
812 (i) a lot owner in the military for the period of the lot owner's deployment;
813 (ii) a lot occupied by a lot owner's parent, child, or sibling;
814 (iii) a lot owner whose employer has relocated the lot owner for two years or less;
815 (iv) a lot owned by an entity that is occupied by an individual who:
816 (A) has voting rights under the entity's organizing documents; and
817 (B) has a 25% or greater share of ownership, control, and right to profits and losses of
818 the entity; or
819 (v) a lot owned by a trust or other entity created for estate planning purposes if the trust
820 or other estate planning entity was created for:
821 (A) the estate of a current resident of the lot; or
822 (B) the parent, child, or sibling of the current resident of the lot;
823 (b) a provision that allows a lot owner who has a rental in the association before the
824 time the rental restriction described in Subsection (1)(a) is recorded with the county recorder of
825 the county in which the association is located to continue renting until:
826 (i) the lot owner occupies the lot;
827 (ii) an officer, owner, member, trustee, beneficiary, director, or person holding a
828 similar position of ownership or control of an entity or trust that holds an ownership interest in
829 the lot, occupies the lot; or
830 (iii) the lot is transferred; and
831 (c) a requirement that the association create, by rule or resolution, procedures to:
832 (i) determine and track the number of rentals and lots in the association subject to the
833 provisions described in Subsections (2)(a) and (b); and
834 (ii) ensure consistent administration and enforcement of the rental restrictions.
835 (3) For purposes of Subsection (2)(b)(iii), a transfer occurs when one or more of the
836 following occur:
837 (a) the conveyance, sale, or other transfer of a lot by deed;
838 (b) the granting of a life estate in the lot; or
839 (c) if the lot is owned by a limited liability company, corporation, partnership, or other
840 business entity, the sale or transfer of more than 75% of the business entity's share, stock,
841 membership interests, or partnership interests in a 12-month period.
842 (4) This section does not limit or affect residency age requirements for an association
843 that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec.
844 3607.
845 (5) A declaration of covenants, conditions, and restrictions or amendments to the
846 declaration of covenants, conditions, and restrictions recorded before the transfer of the first lot
847 from the initial declarant may prohibit or restrict rentals without providing for the exceptions,
848 provisions, and procedures required under Subsection (2).
849 (6) (a) Subsections (1) through (5) do not apply to:
850 (i) an association that contains a time period unit as defined in Section 57-8-3;
851 (ii) any other form of timeshare interest as defined in Section 57-19-2; or
852 (iii) subject to Subsection (6)(b), an association that is formed before May 12, 2009,
853 unless, on or after May 12, 2015, the association:
854 (A) adopts a rental restriction or prohibition; or
855 (B) amends an existing rental restriction or prohibition.
856 (b) An association that adopts a rental restriction or amends an existing rental
857 restriction or prohibition before May 9, 2017, is not required to include the exemption
858 described in Subsection (2)(a)(iv).
859 (7) Notwithstanding this section, an association may restrict or prohibit rentals without
860 an exception described in Subsection (2) if:
861 (a) the restriction or prohibition receives unanimous approval by all lot owners; and
862 (b) when the restriction or prohibition requires an amendment to the association's
863 recorded declaration of covenants, conditions, and restrictions, the association fulfills all other
864 requirements for amending the recorded declaration of covenants, conditions, and restrictions
865 described in the association's governing documents.
866 (8) Except as provided in Subsection (9), an association may not require a lot owner
867 who owns a rental lot to:
868 (a) obtain the association's approval of a prospective renter;
869 (b) give the association:
870 (i) a copy of a rental application;
871 (ii) a copy of a renter's or prospective renter's credit information or credit report;
872 (iii) a copy of a renter's or prospective renter's background check; or
873 (iv) documentation to verify the renter's age; or
874 (c) pay an additional assessment, fine, or fee because the lot is a rental lot.
875 (9) (a) A lot owner who owns a rental lot shall give an association the documents
876 described in Subsection (8)(b) if the lot owner is required to provide the documents by court
877 order or as part of discovery under the Utah Rules of Civil Procedure.
878 (b) If an association's declaration of covenants, conditions, and restrictions lawfully
879 prohibits or restricts occupancy of the lots by a certain class of individuals, the association may
880 require a lot owner who owns a rental lot to give the association the information described in
881 Subsection (8)(b), if:
882 (i) the information helps the association determine whether the renter's occupancy of
883 the lot complies with the association's declaration of covenants, conditions, and restrictions;
884 and
885 (ii) the association uses the information to determine whether the renter's occupancy of
886 the lot complies with the association's declaration of covenants, conditions, and restrictions.
887 (10) Notwithstanding Subsection (1)(a), an association may not restrict or prohibit the
888 rental of an internal accessory dwelling unit, as defined in Section 10-9a-530, constructed
889 within a lot owner's residential lot, if the internal accessory dwelling unit complies with all
890 applicable:
891 (a) land use ordinances;
892 (b) building codes;
893 (c) health codes; and
894 (d) fire codes.
895 [
896 association regardless of when the association is created.
897 Section 15. Section 57-8a-218 is amended to read:
898 57-8a-218. Equal treatment by rules required -- Limits on association rules and
899 design criteria.
900 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
901 owners similarly.
902 (b) Notwithstanding Subsection (1)(a), a rule may:
903 (i) vary according to the level and type of service that the association provides to lot
904 owners;
905 (ii) differ between residential and nonresidential uses; and
906 (iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
907 limit on the number of individuals who may use the common areas and facilities as guests of
908 the lot tenant or lot owner.
909 (2) (a) If a lot owner owns a rental lot and is in compliance with the association's
910 governing documents and any rule that the association adopts under Subsection (4), a rule may
911 not treat the lot owner differently because the lot owner owns a rental lot.
912 (b) Notwithstanding Subsection (2)(a), a rule may:
913 (i) limit or prohibit a rental lot owner from using the common areas for purposes other
914 than attending an association meeting or managing the rental lot;
915 (ii) if the rental lot owner retains the right to use the association's common areas, even
916 occasionally:
917 (A) charge a rental lot owner a fee to use the common areas; or
918 (B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
919 limit on the number of individuals who may use the common areas and facilities as guests of
920 the lot tenant or lot owner; or
921 (iii) include a provision in the association's governing documents that:
922 (A) requires each tenant of a rental lot to abide by the terms of the governing
923 documents; and
924 (B) holds the tenant and the rental lot owner jointly and severally liable for a violation
925 of a provision of the governing documents.
926 (3) (a) A rule criterion may not abridge the rights of a lot owner to display religious
927 and holiday signs, symbols, and decorations inside a dwelling on a lot.
928 (b) Notwithstanding Subsection (3)(a), the association may adopt time, place, and
929 manner restrictions with respect to displays visible from outside the dwelling or lot.
930 (4) (a) A rule may not regulate the content of political signs.
931 (b) Notwithstanding Subsection (4)(a):
932 (i) a rule may regulate the time, place, and manner of posting a political sign; and
933 (ii) an association design provision may establish design criteria for political signs.
934 (5) (a) A rule may not interfere with the freedom of a lot owner to determine the
935 composition of the lot owner's household.
936 (b) Notwithstanding Subsection (5)(a), an association may:
937 (i) require that all occupants of a dwelling be members of a single housekeeping unit;
938 or
939 (ii) limit the total number of occupants permitted in each residential dwelling on the
940 basis of the residential dwelling's:
941 (A) size and facilities; and
942 (B) fair use of the common areas.
943 (6) (a) A rule may not interfere with an activity of a lot owner within the confines of a
944 dwelling or lot, to the extent that the activity is in compliance with local laws and ordinances.
945 (b) Notwithstanding Subsection (6)(a), a rule may prohibit an activity within a dwelling
946 on an owner's lot if the activity:
947 (i) is not normally associated with a project restricted to residential use; or
948 (ii) (A) creates monetary costs for the association or other lot owners;
949 (B) creates a danger to the health or safety of occupants of other lots;
950 (C) generates excessive noise or traffic;
951 (D) creates unsightly conditions visible from outside the dwelling;
952 (E) creates an unreasonable source of annoyance to persons outside the lot; or
953 (F) if there are attached dwellings, creates the potential for smoke to enter another lot
954 owner's dwelling, the common areas, or limited common areas.
955 (c) If permitted by law, an association may adopt rules described in Subsection (6)(b)
956 that affect the use of or behavior inside the dwelling.
957 (7) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written
958 objection to the board, alter the allocation of financial burdens among the various lots.
959 (b) Notwithstanding Subsection (7)(a), an association may:
960 (i) change the common areas available to a lot owner;
961 (ii) adopt generally applicable rules for the use of common areas; or
962 (iii) deny use privileges to a lot owner who:
963 (A) is delinquent in paying assessments;
964 (B) abuses the common areas; or
965 (C) violates the governing documents.
966 (c) This Subsection (7) does not permit a rule that:
967 (i) alters the method of levying assessments; or
968 (ii) increases the amount of assessments as provided in the declaration.
969 (8) (a) Subject to Subsection (8)(b), a rule may not:
970 (i) prohibit the transfer of a lot; or
971 (ii) require the consent of the association or board to transfer a lot.
972 (b) Unless contrary to a declaration, a rule may require a minimum lease term.
973 (9) (a) A rule may not require a lot owner to dispose of personal property that was in or
974 on a lot before the adoption of the rule or design criteria if the personal property was in
975 compliance with all rules and other governing documents previously in force.
976 (b) The exemption in Subsection (9)(a):
977 (i) applies during the period of the lot owner's ownership of the lot; and
978 (ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of
979 the rule described in Subsection (9)(a).
980 (10) A rule or action by the association or action by the board may not unreasonably
981 impede a declarant's ability to satisfy existing development financing for community
982 improvements and right to develop:
983 (a) the project; or
984 (b) other properties in the vicinity of the project.
985 (11) A rule or association or board action may not interfere with:
986 (a) the use or operation of an amenity that the association does not own or control; or
987 (b) the exercise of a right associated with an easement.
988 (12) A rule may not divest a lot owner of the right to proceed in accordance with a
989 completed application for design review, or to proceed in accordance with another approval
990 process, under the terms of the governing documents in existence at the time the completed
991 application was submitted by the owner for review.
992 (13) Unless otherwise provided in the declaration, an association may by rule:
993 (a) regulate the use, maintenance, repair, replacement, and modification of common
994 areas;
995 (b) impose and receive any payment, fee, or charge for:
996 (i) the use, rental, or operation of the common areas, except limited common areas; and
997 (ii) a service provided to a lot owner;
998 (c) impose a charge for a late payment of an assessment; or
999 (d) provide for the indemnification of the association's officers and board consistent
1000 with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
1001 (14) (a) Except as provided in Subsection (14)(b), a rule may not prohibit the owner of
1002 a residential lot from constructing an internal accessory dwelling unit, as defined in Section
1003 10-9a-530, within the owner's residential lot.
1004 (b) Subsection (14)(a) does not apply if the construction would violate:
1005 (i) a local land use ordinance;
1006 (ii) a building code;
1007 (iii) a health code; or
1008 (iv) a fire code.
1009 [
1010 [
1011 requirements of Subsections (1) through (13), except Subsection (1)(b)(ii).
1012 [
1013 declaration, bylaws, or articles of incorporation.
1014 [
1015 created.
1016 Section 16. Effective date.
1017 (1) Except as provided in Subsection (2), this bill takes effect on May 5, 2021.
1018 (2) The actions affecting the following sections take effect on October 1, 2021:
1019 (a) Section 10-8-85.4;
1020 (b) Section 10-9a-530;
1021 (c) Section 17-27a-526;
1022 (d) Section 17-50-338;
1023 (e) Section 57-8a-209; and
1024 (f) Section 57-8a-218.