Senator Scott D. Sandall 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 certain residential structures
19     damaged by a natural disaster from specified State Construction Code and building
20     permit requirements;
21          ▸     prohibits a municipality or county from regulating certain building design elements;
22     and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          10-5-132, as last amended by Laws of Utah 2020, Chapters 354 and 441
31          10-6-160, as last amended by Laws of Utah 2020, Chapter 441
32          10-9a-403, as last amended by Laws of Utah 2020, Chapter 136
33          15A-1-104, as enacted by Laws of Utah 2014, Chapter 197
34          15A-1-202, as last amended by Laws of Utah 2020, Chapter 441
35          15A-1-204, as last amended by Laws of Utah 2020, Chapters 111 and 441
36          15A-3-102, as last amended by Laws of Utah 2019, Chapter 20
37          15A-5-104, as enacted by Laws of Utah 2020, Chapter 111
38          17-27a-403, as last amended by Laws of Utah 2020, Chapter 136
39          17-36-55, as last amended by Laws of Utah 2020, Chapter 441
40          38-1a-102, as last amended by Laws of Utah 2019, Chapter 250
41          58-56-2, as enacted by Laws of Utah 1989, Chapter 269
42          78B-2-225, as last amended by Laws of Utah 2020, Chapter 97
43     ENACTS:
44          10-9a-530, Utah Code Annotated 1953
45          17-27a-527, Utah Code Annotated 1953
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 10-5-132 is amended to read:
49          10-5-132. Fees collected for construction approval -- Approval of plans.
50          (1) As used in this section:
51          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
52          [(a)] (b) "Construction project" means the same as that term is defined in Section
53     38-1a-102.
54          (c) "Licensed building inspector" means an individual who is:
55          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
56     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
57          (ii) covered by liability insurance when providing private services as a licensed
58     building inspector, in an amount established in rules made by the Division of Occupational and
59     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
60     Rulemaking Act.
61          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
62     accommodations to the public, including any of the following:
63          (i) a bed and breakfast establishment;
64          (ii) a boarding house;
65          (iii) a dormitory;
66          (iv) a hotel;
67          (v) an inn;
68          (vi) a lodging house;
69          (vii) a motel;
70          (viii) a resort; or
71          (ix) a rooming house.
72          [(c)] (e) "Planning review" means a review to verify that a town has approved the
73     following elements of a construction project:
74          (i) zoning;
75          (ii) lot sizes;
76          (iii) setbacks;
77          (iv) easements;
78          (v) curb and gutter elevations;
79          (vi) grades and slopes;
80          (vii) utilities;
81          (viii) street names;
82          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
83     Interface Code adopted under Section 15A-2-103; and
84          (x) subdivision.
85          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a town
86     requires to obtain a building permit from the town with a scope that may not exceed a review to
87     verify:
88          (A) that the construction project complies with the provisions of the State Construction
89     Code under Title 15A, State Construction and Fire Codes Act;
90          (B) that the construction project complies with the energy code adopted under Section
91     15A-2-103;
92          (C) that the construction project received a planning review;
93          (D) that the applicant paid any required fees;
94          (E) that the applicant obtained final approvals from any other required reviewing
95     agencies;
96          (F) that the construction project complies with federal, state, and local storm water
97     protection laws;
98          (G) that the construction project received a structural review;
99          (H) the total square footage for each building level of finished, garage, and unfinished
100     space; and
101          (I) that the plans include a printed statement indicating that the actual construction will
102     comply with applicable local ordinances and the state construction codes.
103          (ii) "Plan review" does not mean a review of a document:
104          (A) required to be re-submitted for a construction project other than a construction
105     project for a one to two family dwelling or townhome if additional modifications or substantive
106     changes are identified by the plan review;
107          (B) submitted as part of a deferred submittal when requested by the applicant and
108     approved by the building official; or
109          (C) that, due to the document's technical nature or on the request of the applicant, is
110     reviewed by a third party.
111          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
112     15A-1-102.
113          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
114     15A-1-102.
115          [(g)] (i) "Structural review" means:
116          (i) a review that verifies that a construction project complies with the following:
117          (A) footing size and bar placement;
118          (B) foundation thickness and bar placement;
119          (C) beam and header sizes;
120          (D) nailing patterns;
121          (E) bearing points;
122          (F) structural member size and span; and
123          (G) sheathing; or
124          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
125     a review that a licensed engineer conducts.
126          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
127     training and expertise of an individual who regularly performs plan reviews.
128          (2) (a) If a town collects a fee for the inspection of a construction project, the town
129     shall ensure that the construction project receives a prompt inspection.
130          (b) If a town cannot provide a building inspection within three business days after the
131     day on which the town receives the request for the inspection[,]:
132          (i) the town [shall] may promptly engage an independent inspector with fees collected
133     from the applicant[.]; or
134          (ii) the applicant may engage an independent third-party licensed building inspector to
135     complete each required inspection on the applicant's behalf in accordance with Subsection
136     (2)(d), if the construction project is for a one to two family dwelling or townhome.
137          (c) If an inspector identifies one or more violations of the State Construction Code or
138     State Fire Code during an inspection, the inspector shall give the permit holder written
139     notification that:
140          (i) identifies each violation;
141          (ii) upon request by the permit holder, includes a reference to each applicable provision
142     of the State Construction Code or State Fire Code; and
143          (iii) is delivered:
144          (A) in hardcopy or by electronic means; and
145          (B) the day on which the inspection occurs.
146          (d) (i) An applicant who engages an independent third-party licensed building inspector
147     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
148     promptly notify the town in writing of the name and address of the licensed building inspector
149     at the time the applicant engages the licensed building inspector.
150          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
151          (A) complete each required inspection of the construction project on the applicant's
152     behalf;
153          (B) provide written notification to the town after completing the final required
154     inspection; and
155          (C) issue the applicant a certificate of occupancy for the construction project.
156          (3) (a) A town shall complete a plan review of a construction project for a one to two
157     family dwelling or townhome by no later than 14 business days after the day on which the [plan
158     is submitted] applicant submits a complete building permit application to the town.
159          (b) A town shall complete a plan review of a construction project for a residential
160     structure built under the International Building Code, not including a lodging establishment, by
161     no later than 21 business days after the day on which the [plan is submitted] applicant submits
162     a complete building permit application to the town.
163          (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
164     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
165     town complete the plan review.
166          (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
167     the plan review no later than:
168          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
169     applicant makes the request; or
170          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
171     applicant makes the request.
172          (d) An applicant may:
173          (i) waive the plan review time requirements described in this Subsection (3); or
174          (ii) with the town's consent, establish an alternative plan review time requirement.
175          (4) [(a)] A town may not enforce a requirement to have a plan review if:
176          [(i)] (a) the town does not complete the plan review within the time period described in
177     Subsection (3)(a) or (b); [and]
178          (b) the applicant makes a request under Subsection (3)(c)(i);
179          (c) the town does not complete the plan review within the time period described in
180     Subsection (3)(c)(ii); and
181          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
182     stamps the plan.     
183          [(b)] (5) (a) A town may attach to a reviewed plan a list that includes:
184          (i) items with which the town is concerned and may enforce during construction; and
185          (ii) building code violations found in the plan.
186          [(c)] (b) A town may not require an applicant to redraft a plan if the town requests
187     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
188          [(5) An applicant shall ensure that each construction project plan submitted for a plan
189     review under this section has a statement indicating that actual construction will comply with
190     applicable local ordinances and building codes.]
191          (c) A town may require a single resubmittal of plans for a one or two family dwelling
192     or townhome if the resubmission is required to address deficiencies identified by a third-party
193     review of a geotechnical report or geological report.
194          (6) If a town charges a fee for a building permit, the town may not refuse payment of
195     the fee at the time the applicant submits a building permit application under Subsection (3).
196          (7) A town may not limit the number of building permit applications submitted under
197     Subsection (3).
198          (8) For purposes of Subsection (3), a building permit application is complete if the
199     application contains:
200          (a) the name, address, and contact information of:
201          (i) the applicant; and
202          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
203     the construction project;
204          (b) a site plan for the construction project that:
205          (i) is drawn to scale;
206          (ii) includes a north arrow and legend; and
207          (iii) provides specifications for the following:
208          (A) lot size and dimensions;
209          (B) setbacks and overhangs for setbacks;
210          (C) easements;
211          (D) property lines;
212          (E) topographical details, if the slope of the lot is greater than 10%;
213          (F) retaining walls;
214          (G) hard surface areas;
215          (H) curb and gutter elevations as indicated in the subdivision documents;
216          (I) utilities, including water meter and sewer lateral location;
217          (J) street names;
218          (K) driveway locations;
219          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
220     Interface Code adopted under Section 15A-2-103; and
221          (M) the location of the nearest hydrant;
222          (c) construction plans and drawings, including:
223          (i) elevations, only if the construction project is new construction;
224          (ii) floor plans for each level, including the location and size of doors and windows;
225          (iii) foundation, structural, and framing detail; and
226          (iv) electrical, mechanical, and plumbing design;
227          (d) documentation of energy code compliance;
228          (e) structural calculations, except for trusses;
229          (f) a geotechnical report, including a slope stability evaluation and retaining wall
230     design, if:
231          (i) the slope of the lot is greater than 15%; and
232          (ii) required by the town; and
233          (g) a statement indicating that actual construction will comply with applicable local
234     ordinances and building codes.
235          Section 2. Section 10-6-160 is amended to read:
236          10-6-160. Fees collected for construction approval -- Approval of plans.
237          (1) As used in this section:
238          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
239          [(a)] (b) "Construction project" means the same as that term is defined in Section
240     38-1a-102.
241          (c) "Licensed building inspector" means an individual who is:
242          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
243     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
244          (ii) covered by liability insurance when providing private services as a licensed
245     building inspector, in an amount established in rules made by the Division of Occupational and
246     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
247     Rulemaking Act.
248          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
249     accommodations to the public, including any of the following:
250          (i) a bed and breakfast establishment;
251          (ii) a boarding house;
252          (iii) a dormitory;
253          (iv) a hotel;
254          (v) an inn;
255          (vi) a lodging house;
256          (vii) a motel;
257          (viii) a resort; or
258          (ix) a rooming house.
259          [(c)] (e) "Planning review" means a review to verify that a city has approved the
260     following elements of a construction project:
261          (i) zoning;
262          (ii) lot sizes;
263          (iii) setbacks;
264          (iv) easements;
265          (v) curb and gutter elevations;
266          (vi) grades and slopes;
267          (vii) utilities;
268          (viii) street names;
269          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
270     Interface Code adopted under Section 15A-2-103; and
271          (x) subdivision.
272          [(d)] (f) (i) " Plan review" means all of the reviews and approvals of a plan that a city
273     requires to obtain a building permit from the city with a scope that may not exceed a review to
274     verify:
275          (A) that the construction project complies with the provisions of the State Construction
276     Code under Title 15A, State Construction and Fire Codes Act;
277          (B) that the construction project complies with the energy code adopted under Section
278     15A-2-103;
279          (C) that the construction project received a planning review;
280          (D) that the applicant paid any required fees;
281          (E) that the applicant obtained final approvals from any other required reviewing
282     agencies;
283          (F) that the construction project complies with federal, state, and local storm water
284     protection laws;
285          (G) that the construction project received a structural review;
286          (H) the total square footage for each building level of finished, garage, and unfinished
287     space; and
288          (I) that the plans include a printed statement indicating that the actual construction will
289     comply with applicable local ordinances and the state construction codes.
290          (ii) "Plan review" does not mean a review of a document:
291          (A) required to be re-submitted for a construction project other than a construction
292     project for a one to two family dwelling or townhome if additional modifications or substantive
293     changes are identified by the plan review;
294          (B) submitted as part of a deferred submittal when requested by the applicant and
295     approved by the building official; or
296          (C) that, due to the document's technical nature or on the request of the applicant, is
297     reviewed by a third party.
298          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
299     15A-1-102.
300          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
301     15A-1-102.
302          [(g)] (i) "Structural review" means:
303          (i) a review that verifies that a construction project complies with the following:
304          (A) footing size and bar placement;
305          (B) foundation thickness and bar placement;
306          (C) beam and header sizes;
307          (D) nailing patterns;
308          (E) bearing points;
309          (F) structural member size and span; and
310          (G) sheathing; or
311          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
312     a review that a licensed engineer conducts.
313          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
314     training and expertise of an individual who regularly performs plan reviews.
315          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
316     ensure that the construction project receives a prompt inspection.
317          (b) If a city cannot provide a building inspection within three business days after the
318     day on which the city receives the request for the inspection[,]:
319          (i) the city [shall] may promptly engage an independent inspector with fees collected
320     from the applicant[.]; or
321          (ii) the applicant may engage an independent third-party licensed building inspector to
322     complete each required inspection on the applicant's behalf in accordance with Subsection
323     (2)(d), if the construction project is for a one to two family dwelling or townhome.
324          (c) If an inspector identifies one or more violations of the State Construction Code or
325     State Fire Code during an inspection, the inspector shall give the permit holder written
326     notification that:
327          (i) identifies each violation;
328          (ii) upon request by the permit holder, includes a reference to each applicable provision
329     of the State Construction Code or State Fire Code; and
330          (iii) is delivered:
331          (A) in hardcopy or by electronic means; and
332          (B) the day on which the inspection occurs.
333          (d) (i) An applicant who engages an independent third-party licensed building inspector
334     to complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
335     promptly notify the city in writing of the name and address of the licensed building inspector at
336     the time the applicant engages the licensed building inspector.
337          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
338          (A) complete each required inspection of the construction project on the applicant's
339     behalf;
340          (B) provide written notification to the city after completing the final required
341     inspection; and
342          (C) issue the applicant a certificate of occupancy for the construction project.
343          (3) (a) A city shall complete a plan review of a construction project for a one to two
344     family dwelling or townhome by no later than 14 business days after the day on which the [plan
345     is submitted] applicant submits a complete building permit application to the city.
346          (b) A city shall complete a plan review of a construction project for a residential
347     structure built under the International Building Code, not including a lodging establishment, by
348     no later than 21 business days after the day on which the [plan is submitted] applicant submits
349     a complete building permit application to the city.
350          (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
351     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
352     city complete the plan review.
353          (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
354     plan review no later than:
355          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
356     applicant makes the request; or
357          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
358     applicant makes the request.
359          (d) An applicant may:
360          (i) waive the plan review time requirements described in this Subsection (3); or
361          (ii) with the city's consent, establish an alternative plan review time requirement.
362          (4) [(a)] A city may not enforce a requirement to have a plan review if:
363          [(i)] (a) the city does not complete the plan review within the time period described in
364     Subsection (3)(a) or (b); [and]
365          (b) the applicant makes a request under Subsection (3)(c)(i);
366          (c) the city does not complete the plan review within the time period described in
367     Subsection (3)(c)(ii); and
368          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
369     stamps the plan.     
370          [(b)] (5) (a) A city may attach to a reviewed plan a list that includes:
371          (i) items with which the city is concerned and may enforce during construction; and
372          (ii) building code violations found in the plan.
373          [(c)] (b) A city may not require an applicant to redraft a plan if the city requests minor
374     changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
375          [(5) An applicant shall ensure that each construction project plan submitted for a plan
376     review under this section has a statement indicating that actual construction will comply with
377     applicable local ordinances and building codes.]
378          (c) A city may require a single resubmittal of plans for a one or two family dwelling or
379     townhome if the resubmission is required to address deficiencies identified by a third-party
380     review of a geotechnical report or geological report.
381          (6) If a city charges a fee for a building permit, the city may not refuse payment of the
382     fee at the time the applicant submits a building permit application under Subsection (3).
383          (7) A city may not limit the number of building permit applications submitted under
384     Subsection (3).
385          (8) For purposes of Subsection (3), a building permit application is complete if the
386     application contains:
387          (a) the name, address, and contact information of:
388          (i) the applicant; and
389          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
390     the construction project;
391          (b) a site plan for the construction project that:
392          (i) is drawn to scale;
393          (ii) includes a north arrow and legend; and
394          (iii) provides specifications for the following:
395          (A) lot size and dimensions;
396          (B) setbacks and overhangs for setbacks;
397          (C) easements;
398          (D) property lines;
399          (E) topographical details, if the slope of the lot is greater than 10%;
400          (F) retaining walls;
401          (G) hard surface areas;
402          (H) curb and gutter elevations as indicated in the subdivision documents;
403          (I) utilities, including water meter and sewer lateral location;
404          (J) street names;
405          (K) driveway locations;
406          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
407     Interface Code adopted under Section 15A-2-103; and
408          (M) the location of the nearest hydrant;
409          (c) construction plans and drawings, including:
410          (i) elevations, only if the construction project is new construction;
411          (ii) floor plans for each level, including the location and size of doors and windows;
412          (iii) foundation, structural, and framing detail; and
413          (iv) electrical, mechanical, and plumbing design;
414          (d) documentation of energy code compliance;
415          (e) structural calculations, except for trusses;
416          (f) a geotechnical report, including a slope stability evaluation and retaining wall
417     design, if:
418          (i) the slope of the lot is greater than 15%; and
419          (ii) required by the city; and
420          (g) a statement indicating that actual construction will comply with applicable local
421     ordinances and building codes.
422          Section 3. Section 10-9a-403 is amended to read:
423          10-9a-403. General plan preparation.
424          [(1) (a) As used in this section, "residential building design element" means for a
425     single-family residential building:]
426          [(i) exterior building color;]
427          [(ii) type or style of exterior cladding material;]
428          [(iii) style or materials of a roof structure, roof pitch, or porch;]
429          [(iv) exterior nonstructural architectural ornamentation;]
430          [(v) location, design, placement, or architectural styling of a window or door, including
431     a garage door;]
432          [(vi) the number or type of rooms;]
433          [(vii) the interior layout of a room; or]
434          [(viii) the minimum square footage of a structure.]
435          [(b) "Residential building design element" does not include for a single-family
436     residential building:]
437          [(i) the height, bulk, orientation, or location of a structure on a lot; or]
438          [(ii) buffering or screening used to:]
439          [(A) minimize visual impacts;]
440          [(B) mitigate the impacts of light or noise; or]
441          [(C) protect the privacy of neighbors.]
442          [(2)] (1) (a) The planning commission shall provide notice, as provided in Section
443     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
444     general plan or a comprehensive general plan amendment when the planning commission
445     initiates the process of preparing its recommendation.
446          (b) The planning commission shall make and recommend to the legislative body a
447     proposed general plan for the area within the municipality.
448          (c) The plan may include areas outside the boundaries of the municipality if, in the
449     planning commission's judgment, those areas are related to the planning of the municipality's
450     territory.
451          (d) Except as otherwise provided by law or with respect to a municipality's power of
452     eminent domain, when the plan of a municipality involves territory outside the boundaries of
453     the municipality, the municipality may not take action affecting that territory without the
454     concurrence of the county or other municipalities affected.
455          [(3)] (2) (a) At a minimum, the proposed general plan, with the accompanying maps,
456     charts, and descriptive and explanatory matter, shall include the planning commission's
457     recommendations for the following plan elements:
458          (i) a land use element that:
459          (A) designates the long-term goals and the proposed extent, general distribution, and
460     location of land for housing for residents of various income levels, business, industry,
461     agriculture, recreation, education, public buildings and grounds, open space, and other
462     categories of public and private uses of land as appropriate; and
463          (B) may include a statement of the projections for and standards of population density
464     and building intensity recommended for the various land use categories covered by the plan;
465          (ii) a transportation and traffic circulation element that:
466          (A) provides the general location and extent of existing and proposed freeways, arterial
467     and collector streets, public transit, active transportation facilities, and other modes of
468     transportation that the planning commission considers appropriate;
469          (B) for a municipality that has access to a major transit investment corridor, addresses
470     the municipality's plan for residential and commercial development around major transit
471     investment corridors to maintain and improve the connections between housing, employment,
472     education, recreation, and commerce;
473          (C) for a municipality that does not have access to a major transit investment corridor,
474     addresses the municipality's plan for residential and commercial development in areas that will
475     maintain and improve the connections between housing, transportation, employment,
476     education, recreation, and commerce; and
477          (D) correlates with the population projections, the employment projections, and the
478     proposed land use element of the general plan; and
479          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
480     realistic opportunity to meet the need for additional moderate income housing.
481          (b) In drafting the moderate income housing element, the planning commission:
482          (i) shall consider the Legislature's determination that municipalities shall facilitate a
483     reasonable opportunity for a variety of housing, including moderate income housing:
484          (A) to meet the needs of people of various income levels living, working, or desiring to
485     live or work in the community; and
486          (B) to allow people with various incomes to benefit from and fully participate in all
487     aspects of neighborhood and community life;
488          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
489     how the municipality will provide a realistic opportunity for the development of moderate
490     income housing within the next five years;
491          (iii) for a town, may include, and for other municipalities, shall include, a
492     recommendation to implement three or more of the following strategies:
493          (A) rezone for densities necessary to assure the production of moderate income
494     housing;
495          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
496     construction of moderate income housing;
497          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
498     income housing;
499          (D) consider general fund subsidies or other sources of revenue to waive construction
500     related fees that are otherwise generally imposed by the city;
501          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
502     residential zones;
503          (F) allow for higher density or moderate income residential development in
504     commercial and mixed-use zones, commercial centers, or employment centers;
505          (G) encourage higher density or moderate income residential development near major
506     transit investment corridors;
507          (H) eliminate or reduce parking requirements for residential development where a
508     resident is less likely to rely on the resident's own vehicle, such as residential development near
509     major transit investment corridors or senior living facilities;
510          (I) allow for single room occupancy developments;
511          (J) implement zoning incentives for low to moderate income units in new
512     developments;
513          (K) utilize strategies that preserve subsidized low to moderate income units on a
514     long-term basis;
515          (L) preserve existing moderate income housing;
516          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
517     income housing;
518          (N) participate in a community land trust program for low or moderate income
519     housing;
520          (O) implement a mortgage assistance program for employees of the municipality or of
521     an employer that provides contracted services to the municipality;
522          (P) apply for or partner with an entity that applies for state or federal funds or tax
523     incentives to promote the construction of moderate income housing;
524          (Q) apply for or partner with an entity that applies for programs offered by the Utah
525     Housing Corporation within that agency's funding capacity;
526          (R) apply for or partner with an entity that applies for affordable housing programs
527     administered by the Department of Workforce Services;
528          (S) apply for or partner with an entity that applies for programs administered by an
529     association of governments established by an interlocal agreement under Title 11, Chapter 13,
530     Interlocal Cooperation Act;
531          (T) apply for or partner with an entity that applies for services provided by a public
532     housing authority to preserve and create moderate income housing;
533          (U) apply for or partner with an entity that applies for programs administered by a
534     metropolitan planning organization or other transportation agency that provides technical
535     planning assistance;
536          (V) utilize a moderate income housing set aside from a community reinvestment
537     agency, redevelopment agency, or community development and renewal agency; and
538          [(W) reduce residential building design elements; and]
539          [(X)] (W) any other program or strategy implemented by the municipality to address
540     the housing needs of residents of the municipality who earn less than 80% of the area median
541     income; and
542          (iv) in addition to the recommendations required under Subsection [(3)] (2)(b)(iii), for
543     a municipality that has a fixed guideway public transit station, shall include a recommendation
544     to implement the strategies described in Subsection [(3)] (2)(b)(iii)(G) or (H).
545          (c) In drafting the land use element, the planning commission shall:
546          (i) identify and consider each agriculture protection area within the municipality; and
547          (ii) avoid proposing a use of land within an agriculture protection area that is
548     inconsistent with or detrimental to the use of the land for agriculture.
549          (d) In drafting the transportation and traffic circulation element, the planning
550     commission shall:
551          (i) consider the regional transportation plan developed by its region's metropolitan
552     planning organization, if the municipality is within the boundaries of a metropolitan planning
553     organization; or
554          (ii) consider the long-range transportation plan developed by the Department of
555     Transportation, if the municipality is not within the boundaries of a metropolitan planning
556     organization.
557          [(4)] (3) The proposed general plan may include:
558          (a) an environmental element that addresses:
559          (i) the protection, conservation, development, and use of natural resources, including
560     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
561     and other natural resources; and
562          (ii) the reclamation of land, flood control, prevention and control of the pollution of
563     streams and other waters, regulation of the use of land on hillsides, stream channels and other
564     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
565     protection of watersheds and wetlands, and the mapping of known geologic hazards;
566          (b) a public services and facilities element showing general plans for sewage, water,
567     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
568     police and fire protection, and other public services;
569          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
570     programs for:
571          (i) historic preservation;
572          (ii) the diminution or elimination of a development impediment as defined in Section
573     17C-1-102; and
574          (iii) redevelopment of land, including housing sites, business and industrial sites, and
575     public building sites;
576          (d) an economic element composed of appropriate studies and forecasts, as well as an
577     economic development plan, which may include review of existing and projected municipal
578     revenue and expenditures, revenue sources, identification of basic and secondary industry,
579     primary and secondary market areas, employment, and retail sales activity;
580          (e) recommendations for implementing all or any portion of the general plan, including
581     the use of land use ordinances, capital improvement plans, community development and
582     promotion, and any other appropriate action;
583          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
584     and
585          (g) any other element the municipality considers appropriate.
586          Section 4. Section 10-9a-530 is enacted to read:
587          10-9a-530. Regulation of building design elements prohibited -- Exceptions.
588          (1) As used in this section, "building design element" means:
589          (a) exterior color;
590          (b) type or style of exterior cladding material;
591          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
592          (d) exterior nonstructural architectural ornamentation;
593          (e) location, design, placement, or architectural styling of a window or door;
594          (f) location, design, placement, or architectural styling of a garage door, not including a
595     rear-loading garage door;
596          (g) number or type of rooms;
597          (h) interior layout of a room;
598          (i) minimum square footage over 1,000 square feet, not including a garage;
599          (j) rear yard landscaping requirements;
600          (k) minimum building dimensions; or
601          (l) a requirement to install front yard fencing.
602          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
603     for a building design element on a one to two family dwelling or townhome.
604          (3) Subsection (2) does not apply to:
605          (a) a dwelling located within an area designated as a historic district in:
606          (i) the National Register of Historic Places;
607          (ii) the state register as defined in Section 9-8-402; or
608          (iii) a local historic district or area, or a site designated as a local landmark, created by
609     ordinance before January 1, 2021;
610          (b) an ordinance enacted as a condition for participation in the National Flood
611     Insurance Program administered by the Federal Emergency Management Agency;
612          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
613     Interface Code adopted under Section 15A-2-103;
614          (d) building design elements agreed to under a development agreement;
615          (e) a dwelling located within an area that:
616          (i) is zoned primarily for residential use; and
617          (ii) was substantially developed before calendar year 1950;
618          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
619          (g) an ordinance enacted to regulate type of cladding, in response to findings or
620     evidence from the construction industry of:
621          (i) defects in the material of existing cladding; or
622          (ii) consistent defects in the installation of existing cladding; or
623          (h) a land use regulation, including a planned unit development or overlay zone, that a
624     property owner requests:
625          (i) the municipality to apply to the owner's property; and
626          (ii) in exchange for an increase in density or other benefit not otherwise available as a
627     permitted use in the zoning area or district.
628          Section 5. Section 15A-1-104 is amended to read:
629          15A-1-104. Permit approval required -- Certificate of occupancy valid.
630          (1) As used in this section:
631          (a) "Compliance agency" is as defined in Section 15A-1-202.
632          (b) "Project" is as defined in Section 15A-1-209.
633          (2) A compliance agency for a political subdivision may not reject a permit, or
634     otherwise withhold approval of a project whenever approval is required, for failure to comply
635     with the applicable provisions of this title unless the compliance agency:
636          (a) cites with specificity the applicable provision with which the project has failed to
637     comply; and
638          (b) describes how the project has failed to comply.
639          (3) If a compliance agency [or a], representative of a compliance agency, or building
640     inspector that has the authority to issue a certificate of occupancy under Section 10-5-132,
641     10-6-160, or 17-36-55 issues a certificate of occupancy, the [compliance agency] individual or
642     entity that issued the certificate of occupancy may not withdraw the certificate of occupancy or
643     exert additional jurisdiction over the elements of the project for which the certificate was
644     issued unless additional changes or modifications requiring a building permit are made to
645     elements of the project after the certificate was issued.
646          Section 6. Section 15A-1-202 is amended to read:
647          15A-1-202. Definitions.
648          As used in this chapter:
649          (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
650     or keeping or raising domestic animals.
651          (2) (a) "Approved code" means a code, including the standards and specifications
652     contained in the code, approved by the division under Section 15A-1-204 for use by a
653     compliance agency.
654          (b) "Approved code" does not include the State Construction Code.
655          (3) "Building" means a structure used or intended for supporting or sheltering any use
656     or occupancy and any improvements attached to it.
657          (4) "Code" means:
658          (a) the State Construction Code; or
659          (b) an approved code.
660          (5) "Commission" means the Uniform Building Code Commission created in Section
661     15A-1-203.
662          (6) "Compliance agency" means:
663          (a) an agency of the state or any of its political subdivisions which issues permits for
664     construction regulated under the codes;
665          (b) any other agency of the state or its political subdivisions specifically empowered to
666     enforce compliance with the codes; or
667          (c) any other state agency which chooses to enforce codes adopted under this chapter
668     by authority given the agency under a title other than this part and Part 3, Factory Built
669     Housing and Modular Units Administration Act.
670          (7) "Construction code" means standards and specifications published by a nationally
671     recognized code authority for use in circumstances described in Subsection 15A-1-204(1),
672     including:
673          (a) a building code;
674          (b) an electrical code;
675          (c) a residential one and two family dwelling code;
676          (d) a plumbing code;
677          (e) a mechanical code;
678          (f) a fuel gas code;
679          (g) an energy conservation code;
680          (h) a swimming pool and spa code; and
681          (i) a manufactured housing installation standard code.
682          (8) "Construction project" means the same as that term is defined in Section 38-1a-102.
683          [(8)] (9) "Executive director" means the executive director of the Department of
684     Commerce.
685          [(9)] (10) "Legislative action" includes legislation that:
686          (a) adopts a new State Construction Code;
687          (b) amends the State Construction Code; or
688          (c) repeals one or more provisions of the State Construction Code.
689          [(10)] (11) "Local regulator" means a political subdivision of the state that is
690     empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
691     and other activities subject to the codes.
692          (12) "Membrane-covered frame structure" means a nonpressurized building with a
693     structure composed of a rigid framework to support a tensioned membrane that provides a
694     weather barrier.
695          (13) "Natural disaster" means:
696          (a) a flood;
697          (b) a storm;
698          (c) a tornado;
699          (d) winds;
700          (e) an earthquake;
701          (f) lightning; or
702          (g) any other adverse weather event.
703          [(11)] (14) "Not for human occupancy" means use of a structure for purposes other
704     than protection or comfort of human beings, but allows people to enter the structure for:
705          (a) maintenance and repair; and
706          (b) the care of livestock, crops, or equipment intended for agricultural use which are
707     kept there.
708          [(12)] (15) "Opinion" means a written, nonbinding, and advisory statement issued by
709     the commission concerning an interpretation of the meaning of the codes or the application of
710     the codes in a specific circumstance issued in response to a specific request by a party to the
711     issue.
712          (16) "Remote yurt" means a membrane-covered frame structure that:
713          (a) is no larger than 710 square feet;
714          (b) is not used as a permanent residence;
715          (c) is located in an unincorporated county area that is not zoned for residential,
716     commercial, industrial, or agricultural use;
717          (d) does not have plumbing or electricity;
718          (e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
719          (f) is registered with the local health department.
720          [(13)] (17) "State regulator" means an agency of the state which is empowered to
721     engage in the regulation of construction, alteration, remodeling, building, repair, and other
722     activities subject to the codes adopted pursuant to this chapter.
723          Section 7. Section 15A-1-204 is amended to read:
724          15A-1-204. Adoption of State Construction Code -- Amendments by commission
725     -- Approved codes -- Exemptions.
726          (1) (a) The State Construction Code is the construction codes adopted with any
727     modifications in accordance with this section that the state and each political subdivision of the
728     state shall follow.
729          (b) A person shall comply with the applicable provisions of the State Construction
730     Code when:
731          (i) new construction is involved; and
732          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
733          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
734     conservation, or reconstruction of the building; or
735          (B) changing the character or use of the building in a manner that increases the
736     occupancy loads, other demands, or safety risks of the building.
737          (c) On and after July 1, 2010, the State Construction Code is the State Construction
738     Code in effect on July 1, 2010, until in accordance with this section:
739          (i) a new State Construction Code is adopted; or
740          (ii) one or more provisions of the State Construction Code are amended or repealed in
741     accordance with this section.
742          (d) A provision of the State Construction Code may be applicable:
743          (i) to the entire state; or
744          (ii) within a county, city, or town.
745          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
746     that adopts a nationally recognized construction code with any modifications.
747          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
748     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
749     legislation.
750          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
751     the State Construction Code until, in accordance with this section, the Legislature adopts a new
752     State Construction Code by:
753          (i) adopting a new State Construction Code in its entirety; or
754          (ii) amending or repealing one or more provisions of the State Construction Code.
755          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
756     recognized construction code, the commission shall prepare a report described in Subsection
757     (4).
758          (b) For the provisions of a nationally recognized construction code that apply only to
759     detached one- and two-family dwellings and townhouses not more than three stories above
760     grade plane in height with separate means of egress and their accessory structures, the
761     commission shall:
762          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
763     second update of the nationally recognized construction code; and
764          (ii) not prepare a report described in Subsection (4) in 2018.
765          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
766     the year designated in the title of a nationally recognized construction code, the commission
767     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
768     and Labor Interim Committee that:
769          (i) states whether the commission recommends the Legislature adopt the update with
770     any modifications; and
771          (ii) describes the costs and benefits of each recommended change in the update or in
772     any modification.
773          (b) After the Business and Labor Interim Committee receives the report described in
774     Subsection (4)(a), the Business and Labor Interim Committee shall:
775          (i) study the recommendations; and
776          (ii) if the Business and Labor Interim Committee decides to recommend legislative
777     action to the Legislature, prepare legislation for consideration by the Legislature in the next
778     general session.
779          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
780     the commission is not required to submit a report described in Subsection (4), submit, in
781     accordance with Section 68-3-14, a written report to the Business and Labor Interim
782     Committee recommending whether the Legislature should amend or repeal one or more
783     provisions of the State Construction Code.
784          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
785     shall describe the costs and benefits of each proposed amendment or repeal.
786          (b) The commission may recommend legislative action related to the State
787     Construction Code:
788          (i) on its own initiative;
789          (ii) upon the recommendation of the division; or
790          (iii) upon the receipt of a request by one of the following that the commission
791     recommend legislative action related to the State Construction Code:
792          (A) a local regulator;
793          (B) a state regulator;
794          (C) a state agency involved with the construction and design of a building;
795          (D) the Construction Services Commission;
796          (E) the Electrician Licensing Board;
797          (F) the Plumbers Licensing Board; or
798          (G) a recognized construction-related association.
799          (c) If the Business and Labor Interim Committee decides to recommend legislative
800     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
801     for consideration by the Legislature in the next general session.
802          (6) (a) Notwithstanding the provisions of this section, the commission may, in
803     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
804     Construction Code if the commission determines that waiting for legislative action in the next
805     general legislative session would:
806          (i) cause an imminent peril to the public health, safety, or welfare; or
807          (ii) place a person in violation of federal or other state law.
808          (b) If the commission amends the State Construction Code in accordance with this
809     Subsection (6), the commission shall file with the division:
810          (i) the text of the amendment to the State Construction Code; and
811          (ii) an analysis that includes the specific reasons and justifications for the commission's
812     findings.
813          (c) If the State Construction Code is amended under this Subsection (6), the division
814     shall:
815          (i) publish the amendment to the State Construction Code in accordance with Section
816     15A-1-205; and
817          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
818     Business and Labor Interim Committee containing the amendment to the State Construction
819     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
820          (d) If not formally adopted by the Legislature at the next annual general session, an
821     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
822     immediately following the next annual general session that follows the adoption of the
823     amendment.
824          (7) (a) The division, in consultation with the commission, may approve, without
825     adopting, one or more approved codes, including a specific edition of a construction code, for
826     use by a compliance agency.
827          (b) If the code adopted by a compliance agency is an approved code described in
828     Subsection (7)(a), the compliance agency may:
829          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
830          (ii) adopt, by ordinance or rule, a dangerous building code; or
831          (iii) adopt, by ordinance or rule, a building rehabilitation code.
832          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
833     state law, a state executive branch entity or political subdivision of the state may not, after
834     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
835     specifically addressed by, and that is more restrictive than, the State Construction Code.
836          (9) A state executive branch entity or political subdivision of the state may:
837          (a) enforce a federal law or regulation;
838          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
839     requirement applies only to a facility or construction owned or used by a state entity or a
840     political subdivision of the state; or
841          (c) enforce a rule, ordinance, or requirement:
842          (i) that the state executive branch entity or political subdivision adopted or made
843     effective before July 1, 2015; and
844          (ii) for which the state executive branch entity or political subdivision can demonstrate,
845     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
846     individual from a condition likely to cause imminent injury or death.
847          (10) The Department of Health or the Department of Environmental Quality may
848     enforce a rule or requirement adopted before January 1, 2015.
849          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
850     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
851     than 1,500 square feet and used solely for the type of sales described in Subsection
852     59-12-104(20), is exempt from the requirements of the State Construction Code.
853          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
854     electrical, and mechanical permit may be required when that work is included in a structure
855     described in Subsection (11)(a).
856          (ii) Unless located in whole or in part in an agricultural protection area created under
857     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
858     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
859     the structure is located on land that is:
860          (A) within the boundaries of a city or town, and less than five contiguous acres; or
861          (B) within a subdivision for which the county has approved a subdivision plat under
862     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
863          [(12) (a) As used in this Subsection (12):]
864          [(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
865     structure is composed of a rigid framework to support a tensioned membrane that provides the
866     weather barrier.]
867          [(ii) "Remote yurt" means a membrane-covered frame structure that:]
868          [(A) is no larger than 710 square feet;]
869          [(B) is not used as a permanent residence;]
870          [(C) is located in an unincorporated county area that is not zoned for residential,
871     commercial, industrial, or agricultural use;]
872          [(D) does not have plumbing or electricity;]
873          [(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
874     and]
875          [(F) registers with the local health department.]
876          [(b)] (12) (a) A remote yurt is exempt from the State Construction Code including the
877     permit requirements of the State Construction Code.
878          [(c)] (b) Notwithstanding Subsection (12)[(b)](a), a county may by ordinance require
879     remote yurts to comply with the State Construction Code, if the ordinance requires the remote
880     yurts to comply with all of the following:
881          (i) the State Construction Code;
882          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
883          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
884     made under that chapter, and local health department's jurisdiction over onsite wastewater
885     disposal.
886          (13) (a) Subsection (1)(b) does not apply to a person repairing damage caused by a
887     natural disaster to an existing one to two family dwelling or townhome, if the sole purpose of
888     the repairs is to restore the one to two family dwelling or townhome to the same or
889     substantially the same condition as before the natural disaster.
890          (b) Subject to Subsection (13)(c), the permit requirements of the State Construction
891     Code do not apply to a construction project involving repairs to an existing one to two family
892     dwelling or townhome described in Subsection (13)(a).
893          (c) Upon the completion of a construction project involving repairs to an existing one
894     to two family dwelling or townhome described in Subsection (13)(a), the owner shall, to
895     determine compliance with Subsection (13)(a), ensure that the one to two family dwelling or
896     townhome is inspected by:
897          (i) the local regulator within the political subdivision in which the construction project
898     takes place; or
899          (ii) a licensed building inspector, as defined in Section 10-6-160, in accordance with:
900          (A) Subsection 10-5-132(2)(b)(ii), if the local regulator described in Subsection
901     (13)(c)(i) is a town;
902          (B) Subsection 10-6-160(2)(b)(ii), if the local regulator described in Subsection
903     (13)(c)(i) is a city; or
904          (C) Subsection 17-36-55(2)(b)(ii), if the local regulator described in Subsection
905     (13)(c)(i) is a county.
906          Section 8. Section 15A-3-102 is amended to read:
907          15A-3-102. Amendments to Chapters 1 through 3 of IBC.
908          (1) IBC, Section 106, is deleted.
909          (2) In IBC, Section 110, a new section is added as follows: " 110.3.5.1,
910     Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
911     exterior wall envelope as required by Section 1404.2, and flashing as required by Section
912     1404.4 to prevent water from entering the weather-resistive barrier."
913          (3) In IBC, Section 111.2, a new exception is added as follows: "Exception: A licensed
914     building inspector who conducts an inspection on behalf of the owner or the owner's authorized
915     agent in accordance with Utah Code, Section 10-5-132, 10-6-160, or 17-36-55 may issue a
916     certificate of occupancy."
917          [(3)] (4) IBC, Section 115.1, is deleted and replaced with the following: "115.1
918     Authority. Whenever the building official finds any work regulated by this code being
919     performed in a manner either contrary to the provisions of this code or other pertinent laws or
920     ordinances or is dangerous or unsafe, the building official is authorized to stop work."
921          [(4)] (5) In IBC, Section 202, the following definition is added for Ambulatory
922     Surgical Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building
923     licensed by the Utah Department of Health where procedures are performed that may render
924     patients incapable of self preservation where care is less than 24 hours. See Utah
925     Administrative Code R432-13."
926          [(5)] (6) In IBC, Section 202, the following definition is added for Assisted Living
927     Facility: "ASSISTED LIVING FACILITY. See Residential Treatment/Support Assisted Living
928     Facility, Type I Assisted Living Facility, and Type II Assisted Living Facility."
929          [(6)] (7) In IBC, Section 202, the definition for Foster Care Facilities is modified by
930     deleting the word "Foster" and replacing it with the word "Child."
931          (8) In IBC, Section 202, the following definition is added for Licensed Building
932     Inspector: "LICENSED BUILDING INSPECTOR. An individual who is licensed by the Utah
933     Division of Occupational and Professional Licensing under Utah Code, Title 58, Chapter 56,
934     Building Inspector and Factory Built Housing Licensing Act, and is covered by liability
935     insurance when providing private services as a licensed building inspector."
936          [(7)] (9) In IBC, Section 202, the definition for "[F]Record Drawings" is modified by
937     deleting the words "a fire alarm system" and replacing them with "any fire protection system."
938          [(8)] (10) In IBC, Section 202, the following definition is added for Residential
939     Treatment/Support Assisted Living Facility: "RESIDENTIAL TREATMENT/SUPPORT
940     ASSISTED LIVING FACILITY. A residential facility that provides a group living
941     environment for four or more residents licensed by the Department of Human Services, and
942     provides a protected living arrangement for ambulatory, non-restrained persons who are
943     capable of achieving mobility sufficient to exit the facility without the physical assistance of
944     another person."
945          [(9)] (11) In IBC, Section 202, the following definition is added for Type I Assisted
946     Living Facility: "TYPE I ASSISTED LIVING FACILITY. A residential facility licensed by the
947     Department of Health that provides a protected living arrangement, assistance with activities of
948     daily living and social care to two or more ambulatory, non-restrained persons who are capable
949     of mobility sufficient to exit the facility without the assistance of another person. Subcategories
950     are:
951          Limited Capacity: two to five residents;
952          Small: six to sixteen residents; and
953          Large: over sixteen residents."
954          [(10)] (12) In IBC, Section 202, the following definition is added for Type II Assisted
955     Living Facility: "TYPE II ASSISTED LIVING FACILITY. A residential facility licensed by
956     the Department of Health that provides an array of coordinated supportive personal and health
957     care services to two or more residents who are:
958          A. Physically disabled but able to direct his or her own care; or
959          B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
960     to a zone or area of safety, with the physical assistance of one person. Subcategories are:
961          Limited Capacity: two to five residents;
962          Small: six to sixteen residents; and
963          Large: over sixteen residents."
964          [(11)] (13) In IBC, Section 305.2, the following changes are made:
965          (a) delete the words "more than five children older than 2 1/2 years of age" and replace
966     with the words "five or more children 2 years of age or older";
967          (b) after the word "supervision" insert the words "child care services"; and
968          (c) add the following sentence at the end of the paragraph: "See Section 429, Day Care,
969     for special requirements for day care."
970          [(12)] (14) In IBC, Section 305.2.2 and 305.2.3, the word "five" is deleted and replaced
971     with the word "four" in all places.
972          [(13)] (15) A new IBC Section 305.2.4 is added as follows: "305.2.4 Child day care --
973     residential child care certificate or a license. Areas used for child day care purposes with a
974     residential child care certificate, as described in Utah Administrative Code, R430-50,
975     Residential Certificate Child Care, or a residential child care license, as described in Utah
976     Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
977     R-3 occupancy as provided in Sections 310.3 and 310.4 comply with the International
978     Residential Code in accordance with Section R101.2."
979          [(14)] (16) A new IBC Section 305.2.5 is added as follows: "305.2.5 Child care
980     centers. Each of the following areas may be classified as accessory occupancies, if the area
981     complies with Section 508.2:
982          1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
983     Hourly Child Care Centers;
984          2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
985     Centers; and
986          3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
987     Out of School Time Child Care Programs."
988          [(15)] (17) In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives,
989     Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
990          [(16)] (18) In IBC, Section 308.2, in the list of items under "This group shall include,"
991     the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted
992     living facilities."
993          [(17)] (19) In IBC, Section 308.2.4, all of the words after the first International
994     Residential Code are deleted.
995          [(18)] (20) A new IBC, Section 308.2.5 is added as follows:
996          "308.2.5 Group I-1 assisted living facility occupancy groups. The following occupancy
997     groups shall apply to assisted living facilities:
998          Type I assisted living facilities with seventeen or more residents are Large Facilities
999     classified as an Institutional Group I-1, Condition 1 occupancy.
1000          Type II assisted living facilities with six to sixteen residents are Small Facilities
1001     classified as an Institutional Group I-1, Condition 2 occupancy. See Section 202 for
1002     definitions."
1003          [(19)] (21) In IBC, Section 308.3 Institutional Group I-2, the following changes are
1004     made:
1005          (a) The words "more than five" are deleted and replaced with "four or more";
1006          (b) The group "Assisted living facilities, Type-II Large" is added to the list of groups;
1007          (c) The words "Foster care facilities" are deleted and replaced with the words "Child
1008     care facilities"; and
1009          (d) The words "(both intermediate care facilities and skilled nursing facilities)" are
1010     added after "Nursing homes."
1011          [(20)] (22) In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
1012     number "four" in each location.
1013          [(21)] (23) A new IBC, Section 308.3.3 is added as follows:
1014          "308.3.3 Group I-2 assisted living facilities. Type II assisted living facilities with
1015     seventeen or more residents are Large Facilities classified as an Institutional Group I-2,
1016     Condition 1 occupancy. See Section 202 for definitions."
1017          [(22)] (24) In IBC, Section 308.5, the words "more than five" are deleted and replaced
1018     with the words "five or more."
1019          [(23)] (25) In IBC, Section 308.5.1, the following changes are made:
1020          (a) The words "more than five" are deleted and replaced with the words "five or more."
1021          (b) The words "2-1/2 years or less of age" are deleted and replaced with "under the age
1022     of two."
1023          (c) The following sentence is added at the end: "See Section 429 for special
1024     requirements for Day Care."
1025          [(24)] (26) In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted
1026     and replaced with the words "four or fewer" in both places and the following sentence is added
1027     at the end: "See Section 429 for special requirements for Day Care."
1028          [(25)] (27) In IBC, Section 310.4, the following changes are made:
1029          (a) The words "and single family dwellings complying with the IRC" are added after
1030     "Residential Group-3 occupancies."
1031          (b) The words "Assisted Living Facilities, limited capacity" are added to the list of
1032     occupancies.
1033          [(26)] (28) In IBC, Section 310.4.1, the following changes are made:
1034          (a) The words "other than Child Care" are inserted after the words "Care facilities" in
1035     the first sentence.
1036          (b) All of the words after the first "International Residential Code" are deleted.
1037          (c) The following sentence is added at the end of the last sentence: "See Section 429
1038     for special requirements for Child Day Care."
1039          [(27)] (29) A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care.
1040     Areas used for child care purposes may be located in a residential dwelling unit under all of the
1041     following conditions and Section 429:
1042     1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
1043     authority of the Utah Fire Prevention Board.
1044     2. Use is approved by the Utah Department of Health, as enacted under the authority of the
1045     Utah Code, Title 26, Chapter 39, Utah Child Care Licensing Act, and in any of the following
1046     categories:
1047     a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
1048     b. Utah Administrative Code, R430-90, Licensed Family Child Care.
1049     3. Compliance with all zoning regulations of the local regulator."
1050          [(28)] (30) A new IBC, Section 310.4.4 is added as follows: "310.4.4 Assisted living
1051     facilities. Type I assisted living facilities with two to five residents are Limited Capacity
1052     facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
1053     International Residential Code. See Section 202 for definitions."
1054          [(29)] (31) In IBC, Section 310.5, the words "Type II Limited Capacity and Type I
1055     Small, see Section 310.5.3" are added after the words "assisted living facilities."
1056          [(30)] (32) A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4
1057     Assisted living facility occupancy groups. The following occupancy groups shall apply to
1058     Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are
1059     Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type
1060     I assisted living facilities with six to sixteen residents are Small Facilities classified as
1061     Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
1062          Section 9. Section 15A-5-104 is amended to read:
1063          15A-5-104. Exemptions from State Fire Code.
1064          (1) As used in this section, "remote yurt" means the same as that term is defined in
1065     [Subsection 15A-1-204(12)] Section 15A-1-202.
1066          (2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
1067     ordinance in accordance with Subsection 15A-1-204(12)[(c)](b).
1068          (3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
1069          Section 10. Section 17-27a-403 is amended to read:
1070          17-27a-403. Plan preparation.
1071          (1) (a) The planning commission shall provide notice, as provided in Section
1072     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
1073     plan or a comprehensive general plan amendment when the planning commission initiates the
1074     process of preparing its recommendation.
1075          (b) The planning commission shall make and recommend to the legislative body a
1076     proposed general plan for:
1077          (i) the unincorporated area within the county; or
1078          (ii) if the planning commission is a planning commission for a mountainous planning
1079     district, the mountainous planning district.
1080          (c) (i) The plan may include planning for incorporated areas if, in the planning
1081     commission's judgment, they are related to the planning of the unincorporated territory or of
1082     the county as a whole.
1083          (ii) Elements of the county plan that address incorporated areas are not an official plan
1084     or part of a municipal plan for any municipality, unless it is recommended by the municipal
1085     planning commission and adopted by the governing body of the municipality.
1086          (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
1087     planning district, the plan for the mountainous planning district controls and precedes a
1088     municipal plan, if any, to which the property would be subject.
1089          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1090     and descriptive and explanatory matter, shall include the planning commission's
1091     recommendations for the following plan elements:
1092          (i) a land use element that:
1093          (A) designates the long-term goals and the proposed extent, general distribution, and
1094     location of land for housing for residents of various income levels, business, industry,
1095     agriculture, recreation, education, public buildings and grounds, open space, and other
1096     categories of public and private uses of land as appropriate; and
1097          (B) may include a statement of the projections for and standards of population density
1098     and building intensity recommended for the various land use categories covered by the plan;
1099          (ii) a transportation and traffic circulation element that:
1100          (A) provides the general location and extent of existing and proposed freeways, arterial
1101     and collector streets, public transit, active transportation facilities, and other modes of
1102     transportation that the planning commission considers appropriate;
1103          (B) addresses the county's plan for residential and commercial development around
1104     major transit investment corridors to maintain and improve the connections between housing,
1105     employment, education, recreation, and commerce; and
1106          (C) correlates with the population projections, the employment projections, and the
1107     proposed land use element of the general plan;
1108          (iii) a plan for the development of additional moderate income housing within the
1109     unincorporated area of the county or the mountainous planning district, and a plan to provide a
1110     realistic opportunity to meet the need for additional moderate income housing; and
1111          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
1112     and policies required by Subsection 17-27a-401(3).
1113          (b) In drafting the moderate income housing element, the planning commission:
1114          (i) shall consider the Legislature's determination that counties should facilitate a
1115     reasonable opportunity for a variety of housing, including moderate income housing:
1116          (A) to meet the needs of people of various income levels living, working, or desiring to
1117     live or work in the community; and
1118          (B) to allow people with various incomes to benefit from and fully participate in all
1119     aspects of neighborhood and community life; and
1120          (ii) shall include an analysis of how the county will provide a realistic opportunity for
1121     the development of moderate income housing within the planning horizon, which may include
1122     a recommendation to implement three or more of the following strategies:
1123          (A) rezone for densities necessary to assure the production of moderate income
1124     housing;
1125          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1126     construction of moderate income housing;
1127          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
1128     income housing;
1129          (D) consider county general fund subsidies or other sources of revenue to waive
1130     construction related fees that are otherwise generally imposed by the county;
1131          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
1132     residential zones;
1133          (F) allow for higher density or moderate income residential development in
1134     commercial and mixed-use zones, commercial centers, or employment centers;
1135          (G) encourage higher density or moderate income residential development near major
1136     transit investment corridors;
1137          (H) eliminate or reduce parking requirements for residential development where a
1138     resident is less likely to rely on the resident's own vehicle, such as residential development near
1139     major transit investment corridors or senior living facilities;
1140          (I) allow for single room occupancy developments;
1141          (J) implement zoning incentives for low to moderate income units in new
1142     developments;
1143          (K) utilize strategies that preserve subsidized low to moderate income units on a
1144     long-term basis;
1145          (L) preserve existing moderate income housing;
1146          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
1147     income housing;
1148          (N) participate in a community land trust program for low or moderate income
1149     housing;
1150          (O) implement a mortgage assistance program for employees of the county or of an
1151     employer that provides contracted services for the county;
1152          (P) apply for or partner with an entity that applies for state or federal funds or tax
1153     incentives to promote the construction of moderate income housing;
1154          (Q) apply for or partner with an entity that applies for programs offered by the Utah
1155     Housing Corporation within that agency's funding capacity;
1156          (R) apply for or partner with an entity that applies for affordable housing programs
1157     administered by the Department of Workforce Services;
1158          (S) apply for or partner with an entity that applies for services provided by a public
1159     housing authority to preserve and create moderate income housing;
1160          (T) apply for or partner with an entity that applies for programs administered by a
1161     metropolitan planning organization or other transportation agency that provides technical
1162     planning assistance;
1163          (U) utilize a moderate income housing set aside from a community reinvestment
1164     agency, redevelopment agency, or community development and renewal agency; and
1165          [(V) reduce residential building design elements as defined in Section 10-9a-403; and]
1166          [(W)] (V) consider any other program or strategy implemented by the county to address
1167     the housing needs of residents of the county who earn less than 80% of the area median
1168     income.
1169          (c) In drafting the land use element, the planning commission shall:
1170          (i) identify and consider each agriculture protection area within the unincorporated area
1171     of the county or mountainous planning district; and
1172          (ii) avoid proposing a use of land within an agriculture protection area that is
1173     inconsistent with or detrimental to the use of the land for agriculture.
1174          (d) In drafting the transportation and traffic circulation element, the planning
1175     commission shall:
1176          (i) consider the regional transportation plan developed by its region's metropolitan
1177     planning organization, if the relevant areas of the county are within the boundaries of a
1178     metropolitan planning organization; or
1179          (ii) consider the long-range transportation plan developed by the Department of
1180     Transportation, if the relevant areas of the county are not within the boundaries of a
1181     metropolitan planning organization.
1182          (3) The proposed general plan may include:
1183          (a) an environmental element that addresses:
1184          (i) to the extent not covered by the county's resource management plan, the protection,
1185     conservation, development, and use of natural resources, including the quality of air, forests,
1186     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1187     and
1188          (ii) the reclamation of land, flood control, prevention and control of the pollution of
1189     streams and other waters, regulation of the use of land on hillsides, stream channels and other
1190     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1191     protection of watersheds and wetlands, and the mapping of known geologic hazards;
1192          (b) a public services and facilities element showing general plans for sewage, water,
1193     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1194     police and fire protection, and other public services;
1195          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1196     programs for:
1197          (i) historic preservation;
1198          (ii) the diminution or elimination of a development impediment as defined in Section
1199     17C-1-102; and
1200          (iii) redevelopment of land, including housing sites, business and industrial sites, and
1201     public building sites;
1202          (d) an economic element composed of appropriate studies and forecasts, as well as an
1203     economic development plan, which may include review of existing and projected county
1204     revenue and expenditures, revenue sources, identification of basic and secondary industry,
1205     primary and secondary market areas, employment, and retail sales activity;
1206          (e) recommendations for implementing all or any portion of the general plan, including
1207     the use of land use ordinances, capital improvement plans, community development and
1208     promotion, and any other appropriate action;
1209          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1210     (3)(a)(i); and
1211          (g) any other element the county considers appropriate.
1212          Section 11. Section 17-27a-527 is enacted to read:
1213          17-27a-527. Regulation of building design elements prohibited -- Exceptions.
1214          (1) As used in this section, "building design element" means:
1215          (a) exterior color;
1216          (b) type or style of exterior cladding material;
1217          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1218          (d) exterior nonstructural architectural ornamentation;
1219          (e) location, design, placement, or architectural styling of a window or door;
1220          (f) location, design, placement, or architectural styling of a garage door, not including a
1221     rear-loading garage door;
1222          (g) number or type of rooms;
1223          (h) interior layout of a room;
1224          (i) minimum square footage over 1,000 square feet, not including a garage;
1225          (j) rear yard landscaping requirements;
1226          (k) minimum building dimensions; or
1227          (l) a requirement to install front yard fencing.
1228          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
1229     building design element on a one to two family dwelling or townhome.
1230          (3) Subsection (2) does not apply to:
1231          (a) a dwelling located within an area designated as a historic district in:
1232          (i) the National Register of Historic Places;
1233          (ii) the state register as defined in Section 9-8-402; or
1234          (iii) a local historic district or area, or a site designated as a local landmark, created by
1235     ordinance before January 1, 2021;
1236          (b) an ordinance enacted as a condition for participation in the National Flood
1237     Insurance Program administered by the Federal Emergency Management Agency;
1238          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
1239     Interface Code adopted under Section 15A-2-103;
1240          (d) building design elements agreed to under a development agreement;
1241          (e) a dwelling located within an area that:
1242          (i) is zoned primarily for residential use; and
1243          (ii) was substantially developed before calendar year 1950;
1244          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1245          (g) an ordinance enacted to regulate type of cladding, in response to findings or
1246     evidence from the construction industry of:
1247          (i) defects in the material of existing cladding; or
1248          (ii) consistent defects in the installation of existing cladding; or
1249          (h) a land use regulation, including a planned unit development or overlay zone, that a
1250     property owner requests:
1251          (i) the county to apply to the owner's property; and
1252          (ii) in exchange for an increase in density or other benefit not otherwise available as a
1253     permitted use in the zoning area or district.
1254          Section 12. Section 17-36-55 is amended to read:
1255          17-36-55. Fees collected for construction approval -- Approval of plans.
1256          (1) As used in this section:
1257          (a) "Business day" means the same as that term is defined in Section 54-8c-1.
1258          [(a)] (b) "Construction project" means the same as that term is defined in Section
1259     38-1a-102.
1260          (c) "Licensed building inspector" means an individual who is:
1261          (i) licensed by the Division of Occupational and Professional Licensing under Title 58,
1262     Chapter 56, Building Inspector and Factory Built Housing Licensing Act; and
1263          (ii) covered by liability insurance when providing private services as a licensed
1264     building inspector, in an amount established in rules made by the Division of Occupational and
1265     Professional Licensing in accordance with Title 63G, Chapter 3, Utah Administrative
1266     Rulemaking Act.
1267          [(b)] (d) "Lodging establishment" means a place providing temporary sleeping
1268     accommodations to the public, including any of the following:
1269          (i) a bed and breakfast establishment;
1270          (ii) a boarding house;
1271          (iii) a dormitory;
1272          (iv) a hotel;
1273          (v) an inn;
1274          (vi) a lodging house;
1275          (vii) a motel;
1276          (viii) a resort; or
1277          (ix) a rooming house.
1278          [(c)] (e) "Planning review" means a review to verify that a county has approved the
1279     following elements of a construction project:
1280          (i) zoning;
1281          (ii) lot sizes;
1282          (iii) setbacks;
1283          (iv) easements;
1284          (v) curb and gutter elevations;
1285          (vi) grades and slopes;
1286          (vii) utilities;
1287          (viii) street names;
1288          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
1289     Interface Code adopted under Section 15A-2-103; and
1290          (x) subdivision.
1291          [(d)] (f) (i) "Plan review" means all of the reviews and approvals of a plan that a county
1292     requires to obtain a building permit from the county with a scope that may not exceed a review
1293     to verify:
1294          (A) that the construction project complies with the provisions of the State Construction
1295     Code under Title 15A, State Construction and Fire Codes Act;
1296          (B) that the construction project complies with the energy code adopted under Section
1297     15A-2-103;
1298          (C) that the construction project received a planning review;
1299          (D) that the applicant paid any required fees;
1300          (E) that the applicant obtained final approvals from any other required reviewing
1301     agencies;
1302          (F) that the construction project complies with federal, state, and local storm water
1303     protection laws;
1304          (G) that the construction project received a structural review;
1305          (H) the total square footage for each building level of finished, garage, and unfinished
1306     space; and
1307          (I) that the plans include a printed statement indicating that the actual construction will
1308     comply with applicable local ordinances and the state construction codes.
1309          (ii) "Plan review" does not mean a review of a document:
1310          (A) required to be re-submitted for a construction project other than a construction
1311     project for a one to two family dwelling or townhome if additional modifications or substantive
1312     changes are identified by the plan review;
1313          (B) submitted as part of a deferred submittal when requested by the applicant and
1314     approved by the building official; or
1315          (C) that, due to the document's technical nature or on the request of the applicant, is
1316     reviewed by a third party.
1317          [(e)] (g) "State Construction Code" means the same as that term is defined in Section
1318     15A-1-102.
1319          [(f)] (h) "State Fire Code" means the same as that term is defined in Section
1320     15A-1-102.
1321          [(g)] (i) "Structural review" means:
1322          (i) a review that verifies that a construction project complies with the following:
1323          (A) footing size and bar placement;
1324          (B) foundation thickness and bar placement;
1325          (C) beam and header sizes;
1326          (D) nailing patterns;
1327          (E) bearing points;
1328          (F) structural member size and span; and
1329          (G) sheathing; or
1330          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](i)(i),
1331     a review that a licensed engineer conducts.
1332          [(h)] (j) "Technical nature" means a characteristic that places an item outside the
1333     training and expertise of an individual who regularly performs plan reviews.
1334          (2) (a) If a county collects a fee for the inspection of a construction project, the county
1335     shall ensure that the construction project receives a prompt inspection.
1336          (b) If a county cannot provide a building inspection within three business days after the
1337     day on which the county receives the request for the inspection[,]:
1338          (i) the county [shall] may promptly engage an independent inspector with fees
1339     collected from the applicant[.]; or
1340          (ii) the applicant may engage an independent third-party licensed building inspector to
1341     complete each required inspection on the applicant's behalf in accordance with Subsection
1342     (2)(d), if the construction project is for a one to two family dwelling or townhome.
1343          (c) If an inspector identifies one or more violations of the State Construction Code or
1344     State Fire Code during an inspection, the inspector shall give the permit holder written
1345     notification that:
1346          (i) identifies each violation;
1347          (ii) upon request by the permit holder, includes a reference to each applicable provision
1348     of the State Construction Code or State Fire Code; and
1349          (iii) is delivered:
1350          (A) in hardcopy or by electronic means; and
1351          (B) the day on which the inspection occurs.
1352          (d) (i) An applicant who engages an independent licensed building inspector to
1353     complete each required inspection on the applicant's behalf under Subsection (2)(b)(ii) shall
1354     promptly notify the county in writing of the name and address of the licensed building
1355     inspector at the time the applicant engages the licensed building inspector.
1356          (ii) The licensed building inspector described in Subsection (2)(d)(i) shall:
1357          (A) complete each required inspection of the construction project on the applicant's
1358     behalf;
1359          (B) provide written notification to the county after completing the final required
1360     inspection; and
1361          (C) issue the applicant a certificate of occupancy for the construction project.
1362          (3) (a) A county shall complete a plan review of a construction project for a one to two
1363     family dwelling or townhome by no later than 14 business days after the day on which the [plan
1364     is submitted] applicant submits a complete building permit application to the county.
1365          (b) A county shall complete a plan review of a construction project for a residential
1366     structure built under the International Building Code, not including a lodging establishment, by
1367     no later than 21 business days after the day on which the [plan is submitted] applicant submits
1368     a complete building permit application to the county.
1369          (c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
1370     before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
1371     that the county complete the plan review.
1372          (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
1373     the plan review no later than:
1374          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
1375     applicant makes the request; or
1376          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
1377     applicant makes the request.
1378          (d) An applicant may:
1379          (i) waive the plan review time requirements described in this Subsection (3); or
1380          (ii) with the county's consent, establish an alternative plan review time requirement.
1381          (4) [(a)] A county may not enforce a requirement to have a plan review if:
1382          [(i)] (a) the county does not complete the plan review within the time period described
1383     in Subsection (3)(a) or (b); [and]
1384          (b) the applicant makes a request under Subsection (3)(c)(i);
1385          (c) the county does not complete the plan review within the time period described in
1386     Subsection (3)(c)(ii); and
1387          [(ii)] (d) a licensed architect or structural engineer, or both when required by law,
1388     stamps the plan.     
1389          [(b)] (5) (a) A county may attach to a reviewed plan a list that includes:
1390          (i) items with which the county is concerned and may enforce during construction; and
1391          (ii) building code violations found in the plan.
1392          [(c)] (b) A county may not require an applicant to redraft a plan if the county requests
1393     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
1394          [(5) An applicant shall ensure that each construction project plan submitted for a plan
1395     review under this section has a statement indicating that actual construction will comply with
1396     applicable local ordinances and building codes.]
1397          (c) A county may require a single resubmittal of plans for a one or two family dwelling
1398     or townhome if the resubmission is required to address deficiencies identified by a third-party
1399     review of a geotechnical report or geological report.
1400          (6) If a county charges a fee for a building permit, the county may not refuse payment
1401     of the fee at the time the applicant submits a building permit application under Subsection (3).
1402          (7) A county may not limit the number of building permit applications submitted under
1403     Subsection (3).
1404          (8) For purposes of Subsection (3), a building permit application is complete if the
1405     application contains:
1406          (a) the name, address, and contact information of:
1407          (i) the applicant; and
1408          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
1409     the construction project;
1410          (b) a site plan for the construction project that:
1411          (i) is drawn to scale;
1412          (ii) includes a north arrow and legend; and
1413          (iii) provides specifications for the following:
1414          (A) lot size and dimensions;
1415          (B) setbacks and overhangs for setbacks;
1416          (C) easements;
1417          (D) property lines;
1418          (E) topographical details, if the slope of the lot is greater than 10%;
1419          (F) retaining walls;
1420          (G) hard surface areas;
1421          (H) curb and gutter elevations as indicated in the subdivision documents;
1422          (I) utilities, including water meter and sewer lateral location;
1423          (J) street names;
1424          (K) driveway locations;
1425          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
1426     Interface Code adopted under Section 15A-2-103; and
1427          (M) the location of the nearest hydrant;
1428          (c) construction plans and drawings, including:
1429          (i) elevations, only if the construction project is new construction;
1430          (ii) floor plans for each level, including the location and size of doors and windows;
1431          (iii) foundation, structural, and framing detail; and
1432          (iv) electrical, mechanical, and plumbing design;
1433          (d) documentation of energy code compliance;
1434          (e) structural calculations, except for trusses;
1435          (f) a geotechnical report, including a slope stability evaluation and retaining wall
1436     design, if:
1437          (i) the slope of the lot is greater than 15%; and
1438          (ii) required by the county; and
1439          (g) a statement indicating that actual construction will comply with applicable local
1440     ordinances and building codes.
1441          Section 13. Section 38-1a-102 is amended to read:
1442          38-1a-102. Definitions.
1443          As used in this chapter:
1444          (1) "Alternate means" means a method of filing a legible and complete notice or other
1445     document with the registry other than electronically, as established by the division by rule.
1446          (2) "Anticipated improvement" means the improvement:
1447          (a) for which preconstruction service is performed; and
1448          (b) that is anticipated to follow the performing of preconstruction service.
1449          (3) "Applicable county recorder" means the office of the recorder of each county in
1450     which any part of the property on which a claimant claims or intends to claim a preconstruction
1451     or construction lien is located.
1452          (4) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which
1453     the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting
1454     shares or other ownership interest.
1455          (5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
1456          (6) "Compensation" means the payment of money for a service rendered or an expense
1457     incurred, whether based on:
1458          (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or
1459     percentage fee, or commission; or
1460          (b) a combination of the bases listed in Subsection (6)(a).
1461          (7) "Construction lender" means a person who makes a construction loan.
1462          (8) "Construction lien" means a lien under this chapter for construction work.
1463          (9) "Construction loan" does not include a consumer loan secured by the equity in the
1464     consumer's home.
1465          (10) "Construction project" means an improvement that is constructed pursuant to an
1466     original contract.
1467          (11) "Construction work":
1468          (a) means labor, service, material, or equipment provided for the purpose and during
1469     the process of constructing, altering, or repairing an improvement; and
1470          (b) includes scheduling, estimating, staking, supervising, managing, materials testing,
1471     inspection, observation, and quality control or assurance involved in constructing, altering, or
1472     repairing an improvement.
1473          (12) "Contestable notice" means a notice of preconstruction service under Section
1474     38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under
1475     Section 38-1a-506.
1476          (13) "Contesting person" means an owner, original contractor, subcontractor, or other
1477     interested person.
1478          (14) "Designated agent" means the third party the division contracts with as provided
1479     in Section 38-1a-202 to create and maintain the registry.
1480          (15) "Division" means the Division of Occupational and Professional Licensing created
1481     in Section 58-1-103.
1482          (16) "Entry number" means the reference number that:
1483          (a) the designated agent assigns to each notice or other document filed with the
1484     registry; and
1485          (b) is unique for each notice or other document.
1486          (17) "Final completion" means:
1487          (a) the date of issuance of a permanent certificate of occupancy by the local
1488     government entity having jurisdiction over the construction project or building inspector that
1489     has the authority to issue a certificate of occupancy for the construction project under Section
1490     10-5-132, 10-6-160, or 17-36-55, if a permanent certificate of occupancy is required;
1491          (b) the date of the final inspection of the construction work by the local government
1492     entity having jurisdiction over the construction project or building inspector described in
1493     Subsection (17)(a), if an inspection is required under a state-adopted building code applicable
1494     to the construction work, but no certificate of occupancy is required;
1495          (c) unless the owner is holding payment to ensure completion of construction work, the
1496     date on which there remains no substantial work to be completed to finish the construction
1497     work under the original contract, if a certificate of occupancy is not required and a final
1498     inspection is not required under an applicable state-adopted building code; or
1499          (d) the last date on which substantial work was performed under the original contract,
1500     if, because the original contract is terminated before completion of the construction work
1501     defined by the original contract, the local government entity having jurisdiction over the
1502     construction project or building inspector described in Subsection (17)(a) does not issue a
1503     certificate of occupancy or perform a final inspection.
1504          (18) "Final lien waiver" means a form that complies with Subsection 38-1a-802(4)(c).
1505          (19) "First preliminary notice filing" means a preliminary notice that:
1506          (a) is the earliest preliminary notice filed on the construction project for which the
1507     preliminary notice is filed;
1508          (b) is filed on a construction project that, at the time the preliminary notice is filed, has
1509     not reached final completion; and
1510          (c) is not cancelled under Section 38-1a-307.
1511          (20) "Government project-identifying information" has the same meaning as defined in
1512     Section 38-1b-102.
1513          (21) "Improvement" means:
1514          (a) a building, infrastructure, utility, or other human-made structure or object
1515     constructed on or for and affixed to real property; or
1516          (b) a repair, modification, or alteration of a building, infrastructure, utility, or object
1517     referred to in Subsection (21)(a).
1518          (22) "Interested person" means a person that may be affected by a construction project.
1519          (23) "Notice of commencement" means a notice required under Section 38-1b-201 for
1520     a government project, as defined in Section 38-1b-102.
1521          (24) "Original contract":
1522          (a) means a contract between an owner and an original contractor for preconstruction
1523     service or construction work; and
1524          (b) does not include a contract between an owner-builder and another person.
1525          (25) "Original contractor" means a person, including an owner-builder, that contracts
1526     with an owner to provide preconstruction service or construction work.
1527          (26) "Owner" means the person that owns the project property.
1528          (27) "Owner-builder" means an owner, including an owner who is also an original
1529     contractor, who:
1530          (a) contracts with one or more other persons for preconstruction service or construction
1531     work for an improvement on the owner's real property; and
1532          (b) obtains a building permit for the improvement.
1533          (28) "Preconstruction lien" means a lien under this chapter for a preconstruction
1534     service.
1535          (29) "Preconstruction service":
1536          (a) means to plan or design, or to assist in the planning or design of, an improvement or
1537     a proposed improvement:
1538          (i) before construction of the improvement commences; and
1539          (ii) for compensation separate from any compensation paid or to be paid for
1540     construction work for the improvement; and
1541          (b) includes consulting, conducting a site investigation or assessment, programming,
1542     preconstruction cost or quantity estimating, preconstruction scheduling, performing a
1543     preconstruction construction feasibility review, procuring construction services, and preparing
1544     a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan,
1545     drawing, specification, or contract document.
1546          (30) "Private project" means a construction project that is not a government project.
1547          (31) "Project property" means the real property on or for which preconstruction service
1548     or construction work is or will be provided.
1549          (32) "Registry" means the State Construction Registry under Part 2, State Construction
1550     Registry.
1551          (33) "Required notice" means:
1552          (a) a notice of preconstruction service under Section 38-1a-401;
1553          (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
1554          (c) a notice of commencement;
1555          (d) a notice of construction loan under Section 38-1a-601;
1556          (e) a notice under Section 38-1a-602 concerning a construction loan default;
1557          (f) a notice of intent to obtain final completion under Section 38-1a-506; or
1558          (g) a notice of completion under Section 38-1a-507.
1559          (34) "Subcontractor" means a person that contracts to provide preconstruction service
1560     or construction work to:
1561          (a) a person other than the owner; or
1562          (b) the owner, if the owner is an owner-builder.
1563          (35) "Substantial work" does not include repair work or warranty work.
1564          (36) "Supervisory subcontractor" means a person that:
1565          (a) is a subcontractor under contract to provide preconstruction service or construction
1566     work; and
1567          (b) contracts with one or more other subcontractors for the other subcontractor or
1568     subcontractors to provide preconstruction service or construction work that the person is under
1569     contract to provide.
1570          Section 14. Section 58-56-2 is amended to read:
1571          58-56-2. Chapter administration -- Duties.
1572          (1) The provisions of this chapter shall be administered by the Division of Occupational
1573     and Professional Licensing.
1574          (2) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
1575     Administrative Rulemaking Act, to establish the minimum amount of liability insurance
1576     coverage for a licensed building inspector to complete inspections under Subsection
1577     10-5-132(2)(b)(ii), 10-6-160(2)(b)(ii), or 17-36-55(2)(b)(ii).
1578          Section 15. Section 78B-2-225 is amended to read:
1579          78B-2-225. Actions related to improvements in real property.
1580          (1) As used in this section:
1581          (a) "Abandonment" means that there has been no design or construction activity on an
1582     improvement for a continuous period of at least one year.
1583          (b) "Action" means any claim for judicial, arbitral, or administrative relief for acts,
1584     errors, omissions, or breach of duty arising out of or related to the design, construction, or
1585     installation of an improvement, regardless of whether that action is based in tort, contract,
1586     warranty, strict liability, product liability, indemnity, contribution, or other source of law.
1587          (c) "Completion" means the date of substantial completion of an improvement to real
1588     property as established by the earliest of:
1589          (i) a [Certificate of Substantial Completion] certificate of substantial completion;
1590          (ii) a [Certificate of Occupancy] certificate of occupancy issued by a governing agency
1591     or building inspector that has the authority to issue the certificate of occupancy under Section
1592     10-5-132, 10-6-160, or 17-36-55; or
1593          (iii) the date of first use or possession of the improvement.
1594          (d) "Improvement" means any building, structure, infrastructure, road, utility, or other
1595     similar man-made change, addition, modification, or alteration to real property.
1596          (e) "Person" means an individual, corporation, limited liability company, partnership,
1597     joint venture, association, proprietorship, or any other legal or governmental entity.
1598          (f) "Provider" means any person:
1599          (i) contributing to, providing, or performing:
1600          (A) studies, plans, specifications, drawings, designs, value engineering, cost or quantity
1601     estimates, surveys, staking, construction, installation, or labor to an improvement; or
1602          (B) the review, observation, administration, management, supervision, inspections, and
1603     tests of construction for or in relation to an improvement; or
1604          (ii) providing or contributing materials, products, or equipment that is incorporated
1605     into an improvement.
1606          (2) The Legislature finds that:
1607          (a) exposing a provider to suits and liability for acts, errors, omissions, or breach of
1608     duty after the possibility of injury or damage has become highly remote and unexpectedly
1609     creates costs and hardships to the provider and the citizens of the state;
1610          (b) these costs and hardships include liability insurance costs, records storage costs,
1611     undue and unlimited liability risks during the life of both a provider and an improvement, and
1612     difficulties in defending against claims many years after completion of an improvement;
1613          (c) these costs and hardships constitute clear social and economic evils;
1614          (d) the possibility of injury and damage becomes highly remote and unexpected seven
1615     years following completion or abandonment; and
1616          (e) except as provided in Subsection (7), it is in the best interests of the citizens of the
1617     state to impose the periods of limitation and repose provided in this chapter upon all causes of
1618     action by or against a provider arising out of or related to the design, construction, or
1619     installation of an improvement.
1620          (3) (a) Except as provided in Subsections (3)(b) and (c), an action by or against a
1621     provider based in contract or warranty shall be commenced within six years after the date of
1622     completion or abandonment of an improvement.
1623          (b) If a provider is required by an express term of a contract or warranty to perform an
1624     obligation later than the six-year period described in Subsection (3)(a), and the provider fails to
1625     perform the obligation as required, an action for that breach of the contract or warranty shall be
1626     commenced within two years after the day on which the breach is discovered or should have
1627     been discovered.
1628          (c) If a contract or warranty expressly establishes a different period of limitations than
1629     this section, the action shall be commenced within that limitations period.
1630          (4) (a) All other actions by or against a provider shall be commenced within two years
1631     from the earlier of the date of discovery of a cause of action or the date upon which a cause of
1632     action should have been discovered through reasonable diligence.
1633          (b) If the cause of action is discovered or discoverable before completion or
1634     abandonment of an improvement, the two-year period begins to run upon completion or
1635     abandonment.
1636          (c) Notwithstanding Subsection (4)(a), and except as provided in Subsection (4)(d), an
1637     action under this Subsection (4) may not be commenced against a provider more than nine
1638     years after completion or abandonment of an improvement.
1639          (d) If an action under Subsection (4)(a) is discovered or discoverable in the eighth or
1640     ninth year of the nine-year period, a claimant shall have two years from the date of discovery to
1641     commence an action.
1642          (5) Subsection (4) does not apply to an action against a provider:
1643          (a) who has fraudulently concealed the provider's act, error, omission, or breach of
1644     duty, or the injury, damage, or other loss caused by the provider's act, error, omission, or breach
1645     of duty; or
1646          (b) for a willful or intentional act, error, omission, or breach of duty.
1647          (6) If an individual otherwise entitled to bring an action did not commence the action
1648     within the periods prescribed by Subsections (3) and (4) solely because that individual was a
1649     minor or mentally incompetent and without a legal guardian, that individual shall have two
1650     years from the date the disability is removed to commence the action.
1651          (7) This section shall not apply to an action for the death of or bodily injury to an
1652     individual while engaged in the design, installation, or construction of an improvement.
1653          (8) This section does not apply to any action against any person in actual possession or
1654     control of the improvement as owner, tenant, or otherwise, at the time any defective or unsafe
1655     condition of the improvement proximately causes the injury for which the action is brought.
1656          (9) This section does not extend the period of limitation or repose otherwise prescribed
1657     by law or a valid and enforceable contract.
1658          (10) This section does not create or modify any claim or cause of action.
1659          (11) This section applies to all causes of action that accrue after May 3, 2003,
1660     notwithstanding that the improvement was completed or abandoned before May 3, 2004.