Representative Mike Schultz proposes the following substitute bill:


1     
UNIFORM BUILDING CODE COMMISSION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions in Title 15A, State Construction and Fire Codes Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the composition of the Uniform Building Code Commission;
13          ▸     amends reporting requirements for the Uniform Building Code Commission;
14          ▸     adopts the 2020 edition of the National Electrical Code;
15          ▸     adopts Appendix C of the International Building Code;
16          ▸     amends statewide amendments to the International Building Code and the
17     International Residential Code to reference the 2020 edition of the National
18     Electrical Code;
19          ▸     amends provisions of the International Residential Code regarding:
20               •     energy storage systems; and
21               •     receptacles mounted below the countertop;
22          ▸     amends provisions of the National Electrical Code regarding:
23               •     ground-fault circuit-interrupter protection for personnel;
24               •     surge protection;
25               •     bathtub and shower space; and

26               •     boxes at ceiling-suspended fan outlets;
27          ▸     amends provisions related to an ordinance of a political subdivision being more
28     restrictive than the State Fire Code;
29          ▸     amends statewide amendments to the National Electrical Code to update the
30     reference of a deleted section; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          This bill provides a special effective date.
36     Utah Code Sections Affected:
37     AMENDS:
38          15A-1-203, as last amended by Laws of Utah 2020, Chapter 339
39          15A-1-204, as last amended by Laws of Utah 2020, Chapters 111 and 441
40          15A-1-403, as last amended by Laws of Utah 2017, Chapters 18 and 341
41          15A-2-103, as last amended by Laws of Utah 2020, Chapter 441
42          15A-3-113, as last amended by Laws of Utah 2019, Chapter 20
43          15A-3-202, as last amended by Laws of Utah 2020, Chapter 441
44          15A-3-206, as last amended by Laws of Utah 2018, Chapter 186
45          15A-3-601, as last amended by Laws of Utah 2018, Chapter 186
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 15A-1-203 is amended to read:
49          15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
50     Council.
51          (1) There is created a Uniform Building Code Commission to advise the division with
52     respect to the division's responsibilities in administering the codes.
53          (2) The commission shall consist of [11] 13 members as follows:
54          (a) one member shall be [from among candidates nominated by the Utah League of
55     Cities and Towns and the Utah Association of Counties] a heating, ventilation, and air
56     conditioning contractor licensed by the state;

57          (b) one member shall be a licensed building inspector [employed by a political
58     subdivision of the state] nominated by the Utah League of Cities and Towns;
59          (c) one member shall be a licensed professional engineer;
60          (d) one member shall be a licensed architect;
61          (e) one member shall be:
62          (i) a licensed architect who specializes in residential architecture; or
63          (ii) a residential home designer;
64          (f) one member shall be a member of an association of building owners;
65          [(e)] (g) one member shall be a fire official;
66          [(f)] (h) [three] four members shall be contractors licensed by the state, of which [one]:
67          (i) two shall be [a] general [contractor,] contractors, one of which shall specialize in
68     residential construction;
69          (ii) one shall be an electrical contractor[,]; and
70          (iii) one shall be a plumbing contractor;
71          [(g)] (i) [two members] one member shall be from the general public and have no
72     affiliation with the construction industry or real estate development industry; and
73          [(h)] (j) one member shall be from the Division of Facilities Construction and
74     Management of the Department of Administrative Services.
75          (3) (a) The executive director shall appoint each commission member after submitting
76     a nomination to the governor for confirmation or rejection.
77          (b) (i) If the governor rejects a nominee, the executive director shall submit an
78     alternative nominee until the governor confirms the nomination.
79          (ii) An appointment is effective after the governor confirms the nomination.
80          (4) (a) Except as required by Subsection (4)(b), as terms of commission members
81     expire, the executive director shall appoint each new commission member or reappointed
82     commission member to a four-year term.
83          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
84     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
85     of commission members are staggered so that approximately half of the commission is
86     appointed every two years.
87          (5) When a vacancy occurs in the commission membership for any reason, the

88     executive director shall appoint a replacement for the unexpired term.
89          (6) (a) A commission member may not serve more than two full terms.
90          (b) A commission member who ceases to serve may not again serve on the commission
91     until after the expiration of two years after the day on which service ceased.
92          (7) A majority of the commission members constitute a quorum and may act on behalf
93     of the commission.
94          (8) A commission member may not receive compensation or benefits for the
95     commission member's service, but may receive per diem and travel expenses in accordance
96     with:
97          (a) Section 63A-3-106;
98          (b) Section 63A-3-107; and
99          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
100     63A-3-107.
101          (9) (a) The commission shall annually designate one of the commission's members to
102     serve as chair of the commission.
103          (b) The division shall provide a secretary to facilitate the function of the commission
104     and to record the commission's actions and recommendations.
105          (10) The commission shall:
106          (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
107     Committee;
108          (b) act as an appeals board as provided in Section 15A-1-207;
109          (c) establish advisory peer committees on either a standing or ad hoc basis to advise the
110     commission with respect to matters related to a code, including a committee to advise the
111     commission regarding health matters related to a plumbing code; and
112          (d) assist the division in overseeing code-related training in accordance with Section
113     15A-1-209.
114          (11) (a) In a manner consistent with Subsection (10)(c), the commission shall jointly
115     create with the Utah Fire Prevention Board an advisory peer committee known as the "Unified
116     Code Analysis Council" to review fire prevention and construction code issues that require
117     definitive and specific analysis.
118          (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in

119     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
120          (i) the appointment of members to the Unified Code Analysis Council; and
121          (ii) procedures followed by the Unified Code Analysis Council.
122          Section 2. Section 15A-1-204 is amended to read:
123          15A-1-204. Adoption of State Construction Code -- Amendments by commission
124     -- Approved codes -- Exemptions.
125          (1) (a) The State Construction Code is the construction codes adopted with any
126     modifications in accordance with this section that the state and each political subdivision of the
127     state shall follow.
128          (b) A person shall comply with the applicable provisions of the State Construction
129     Code when:
130          (i) new construction is involved; and
131          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
132          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
133     conservation, or reconstruction of the building; or
134          (B) changing the character or use of the building in a manner that increases the
135     occupancy loads, other demands, or safety risks of the building.
136          (c) On and after July 1, 2010, the State Construction Code is the State Construction
137     Code in effect on July 1, 2010, until in accordance with this section:
138          (i) a new State Construction Code is adopted; or
139          (ii) one or more provisions of the State Construction Code are amended or repealed in
140     accordance with this section.
141          (d) A provision of the State Construction Code may be applicable:
142          (i) to the entire state; or
143          (ii) within a county, city, or town.
144          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
145     that adopts a nationally recognized construction code with any modifications.
146          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
147     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
148     legislation.
149          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is

150     the State Construction Code until, in accordance with this section, the Legislature adopts a new
151     State Construction Code by:
152          (i) adopting a new State Construction Code in its entirety; or
153          (ii) amending or repealing one or more provisions of the State Construction Code.
154          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
155     recognized construction code, the commission shall prepare a report described in Subsection
156     (4).
157          (b) For the provisions of a nationally recognized construction code that apply only to
158     detached one- and two-family dwellings and townhouses not more than three stories above
159     grade plane in height with separate means of egress and their accessory structures, the
160     commission shall[: (i)] prepare a report described in Subsection (4) in [2021] 2022 and,
161     thereafter, for every second update of the nationally recognized construction code[; and].
162          [(ii) not prepare a report described in Subsection (4) in 2018.]
163          (4) (a) In accordance with Subsection (3), on or before September 1 of the [same] year
164     [as] after the year designated in the title of a nationally recognized construction code, the
165     commission shall prepare and submit, in accordance with Section 68-3-14, a written report to
166     the Business and Labor Interim Committee that:
167          (i) states whether the commission recommends the Legislature adopt the update with
168     any modifications; and
169          (ii) describes the costs and benefits of each recommended change in the update or in
170     any modification.
171          (b) After the Business and Labor Interim Committee receives the report described in
172     Subsection (4)(a), the Business and Labor Interim Committee shall:
173          (i) study the recommendations; and
174          (ii) if the Business and Labor Interim Committee decides to recommend legislative
175     action to the Legislature, prepare legislation for consideration by the Legislature in the next
176     general session.
177          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
178     the commission is not required to submit a report described in Subsection (4), submit, in
179     accordance with Section 68-3-14, a written report to the Business and Labor Interim
180     Committee recommending whether the Legislature should amend or repeal one or more

181     provisions of the State Construction Code.
182          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
183     shall describe the costs and benefits of each proposed amendment or repeal.
184          (b) The commission may recommend legislative action related to the State
185     Construction Code:
186          (i) on [its] the commission's own initiative;
187          (ii) upon the recommendation of the division; or
188          (iii) upon the receipt of a request by one of the following that the commission
189     recommend legislative action related to the State Construction Code:
190          (A) a local regulator;
191          (B) a state regulator;
192          (C) a state agency involved with the construction and design of a building;
193          (D) the Construction Services Commission;
194          (E) the Electrician Licensing Board;
195          (F) the Plumbers Licensing Board; or
196          (G) a recognized construction-related association.
197          (c) If the Business and Labor Interim Committee decides to recommend legislative
198     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
199     for consideration by the Legislature in the next general session.
200          (6) (a) Notwithstanding the provisions of this section, the commission may, in
201     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
202     Construction Code if the commission determines that waiting for legislative action in the next
203     general legislative session would:
204          (i) cause an imminent peril to the public health, safety, or welfare; or
205          (ii) place a person in violation of federal or other state law.
206          (b) If the commission amends the State Construction Code in accordance with this
207     Subsection (6), the commission shall file with the division:
208          (i) the text of the amendment to the State Construction Code; and
209          (ii) an analysis that includes the specific reasons and justifications for the commission's
210     findings.
211          (c) If the State Construction Code is amended under this Subsection (6), the division

212     shall:
213          (i) publish the amendment to the State Construction Code in accordance with Section
214     15A-1-205; and
215          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
216     Business and Labor Interim Committee containing the amendment to the State Construction
217     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
218          (d) If not formally adopted by the Legislature at the next annual general session, an
219     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
220     immediately following the next annual general session that follows the adoption of the
221     amendment.
222          (7) (a) The division, in consultation with the commission, may approve, without
223     adopting, one or more approved codes, including a specific edition of a construction code, for
224     use by a compliance agency.
225          (b) If the code adopted by a compliance agency is an approved code described in
226     Subsection (7)(a), the compliance agency may:
227          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
228          (ii) adopt, by ordinance or rule, a dangerous building code; or
229          (iii) adopt, by ordinance or rule, a building rehabilitation code.
230          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
231     state law, a state executive branch entity or political subdivision of the state may not, after
232     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
233     specifically addressed by, and that is more restrictive than, the State Construction Code.
234          (9) A state executive branch entity or political subdivision of the state may:
235          (a) enforce a federal law or regulation;
236          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
237     requirement applies only to a facility or construction owned or used by a state entity or a
238     political subdivision of the state; or
239          (c) enforce a rule, ordinance, or requirement:
240          (i) that the state executive branch entity or political subdivision adopted or made
241     effective before July 1, 2015; and
242          (ii) for which the state executive branch entity or political subdivision can demonstrate,

243     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
244     individual from a condition likely to cause imminent injury or death.
245          (10) The Department of Health or the Department of Environmental Quality may
246     enforce a rule or requirement adopted before January 1, 2015.
247          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
248     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
249     than 1,500 square feet and used solely for the type of sales described in Subsection
250     59-12-104(20), is exempt from the requirements of the State Construction Code.
251          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
252     electrical, and mechanical permit may be required when that work is included in a structure
253     described in Subsection (11)(a).
254          (ii) Unless located in whole or in part in an agricultural protection area created under
255     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
256     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
257     the structure is located on land that is:
258          (A) within the boundaries of a city or town, and less than five contiguous acres; or
259          (B) within a subdivision for which the county has approved a subdivision plat under
260     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
261          (12) (a) As used in this Subsection (12):
262          (i) "Membrane-covered frame structure" means a nonpressurized building wherein the
263     structure is composed of a rigid framework to support a tensioned membrane that provides the
264     weather barrier.
265          (ii) "Remote yurt" means a membrane-covered frame structure that:
266          (A) is no larger than 710 square feet;
267          (B) is not used as a permanent residence;
268          (C) is located in an unincorporated county area that is not zoned for residential,
269     commercial, industrial, or agricultural use;
270          (D) does not have plumbing or electricity;
271          (E) is set back at least 300 feet from any river, stream, lake, or other body of water; and
272          (F) registers with the local health department.
273          (b) A remote yurt is exempt from the State Construction Code including the permit

274     requirements of the State Construction Code.
275          (c) Notwithstanding Subsection (12)(b), a county may by ordinance require remote
276     yurts to comply with the State Construction Code, if the ordinance requires the remote yurts to
277     comply with all of the following:
278          (i) the State Construction Code;
279          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
280          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
281     made under that chapter, and local health department's jurisdiction over onsite wastewater
282     disposal.
283          Section 3. Section 15A-1-403 is amended to read:
284          15A-1-403. Adoption of State Fire Code.
285          (1) (a) The State Fire Code is:
286          (i) a code promulgated by a nationally recognized code authority that is adopted by the
287     Legislature under this section with any modifications; and
288          (ii) a code to which cities, counties, fire protection districts, and the state shall adhere
289     in safeguarding life and property from the hazards of fire and explosion.
290          (b) On and after July 1, 2010, the State Fire Code is the State Fire Code in effect on
291     July 1, 2010, until in accordance with this section:
292          (i) a new State Fire Code is adopted; or
293          (ii) one or more provisions of the State Fire Code are amended or repealed in
294     accordance with this section.
295          (c) A provision of the State Fire Code may be applicable:
296          (i) to the entire state; or
297          (ii) within a city, county, or fire protection district.
298          (2) (a) The Legislature shall adopt a State Fire Code by enacting legislation that adopts
299     a nationally recognized fire code with any modifications.
300          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
301     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
302     legislation.
303          (c) Subject to Subsection (6), a State Fire Code adopted by the Legislature is the State
304     Fire Code until in accordance with this section the Legislature adopts a new State Fire Code by:

305          (i) adopting a new State Fire Code in its entirety; or
306          (ii) amending or repealing one or more provisions of the State Fire Code.
307          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
308     recognized fire code, the board shall prepare a report described in Subsection (4).
309          (b) For the provisions of a nationally recognized fire code that apply only to detached
310     one- and two-family dwellings and townhouses not more than three stories above grade plane
311     in height with separate means of egress and their accessory structures, the board shall:
312          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
313     second update of the nationally recognized fire code; and
314          (ii) not prepare a report described in Subsection (4) in 2018.
315          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
316     the year designated in the title of an update of a nationally recognized fire code, the board shall
317     prepare and submit, in accordance with Section 68-3-14, a written report to the Business and
318     Labor Interim Committee that:
319          (i) states whether the board recommends the Legislature adopt the update with any
320     modifications; and
321          (ii) describes the costs and benefits of each recommended change in the update or in
322     any modification.
323          (b) After the Business and Labor Interim Committee receives the report described in
324     Subsection (4)(a), the Business and Labor Interim Committee shall:
325          (i) study the recommendations; and
326          (ii) if the Business and Labor Interim Committee decides to recommend legislative
327     action to the Legislature, prepare legislation for consideration by the Legislature in the next
328     general session.
329          (5) (a) (i) The board shall, by no later than September 1 of each year in which the board
330     is not required to submit a report described in Subsection (4), submit, in accordance with
331     Section 68-3-14, a written report to the Business and Labor Interim Committee recommending
332     whether the Legislature should amend or repeal one or more provisions of the State Fire Code.
333          (ii) As part of a recommendation described in Subsection (5)(a)(i), the board shall
334     describe the costs and benefits of each proposed amendment or repeal.
335          (b) The board may recommend legislative action related to the State Fire Code:

336          (i) on its own initiative; or
337          (ii) upon the receipt of a request by a city, county, or fire protection district that the
338     board recommend legislative action related to the State Fire Code.
339          (c) Within 45 days after the day on which the board receives a request under
340     Subsection (5)(b), the board shall direct the division to convene an informal hearing concerning
341     the request.
342          (d) The board shall conduct a hearing under this section in accordance with the rules of
343     the board.
344          (e) The board shall decide whether to include the request in the report described in
345     Subsection (5)(a).
346          (f) (i) Within 15 days after the day on which the board conducts a hearing, the board
347     shall direct the division to notify the entity that made the request of the board's decision
348     regarding the request.
349          (ii) The division shall provide the notice:
350          (A) in writing; and
351          (B) in a form prescribed by the board.
352          (g) If the Business and Labor Interim Committee decides to recommend legislative
353     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
354     for consideration by the Legislature in the next general session that, if passed by the
355     Legislature, would amend or repeal one or more provisions of the State Fire Code.
356          (6) (a) Notwithstanding the provisions of this section, the board may, in accordance
357     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend a State Fire Code if
358     the board determines that waiting for legislative action in the next general legislative session
359     would:
360          (i) cause an imminent peril to the public health, safety, or welfare; or
361          (ii) place a person in violation of federal or other state law.
362          (b) If the board amends a State Fire Code in accordance with this Subsection (6), the
363     board shall:
364          (i) publish the State Fire Code with the amendment; and
365          (ii) prepare and submit, in accordance with Section 68-3-14, written notice to the
366     Business and Labor Interim Committee of the adoption, including a copy of an analysis by the

367     board identifying specific reasons and justifications for its findings.
368          (c) If not formally adopted by the Legislature at the next annual general session, an
369     amendment to a State Fire Code adopted under this Subsection (6) is repealed on the July 1
370     immediately following the next annual general session that follows the adoption of the
371     amendment.
372          (7) (a) Except as provided in Subsection (7)(b), a legislative body of a political
373     subdivision may enact an ordinance in the political subdivision's fire code that is more
374     restrictive than the State Fire Code:
375          (i) in order to meet a public safety need of the political subdivision; and
376          (ii) subject to the requirements of Subsection (7)(c).
377          (b) Except as provided in Subsections (7)(c), (10), and (11), or as expressly provided in
378     state law, a political subdivision may not, after December 1, 2016, enact or enforce a rule or
379     ordinance that applies to a structure built in accordance with the International Residential
380     Code, as adopted in the State Construction Code, that is more restrictive than the State Fire
381     Code.
382          (c) (i) Except as provided in Subsection (7)(c)(ii), a political subdivision may adopt:
383          (A) the appendices of the International Fire Code; and
384          (B) a fire sprinkler ordinance in accordance with Section 15A-5-203.
385          (ii) If a political subdivision adopts International Fire Code Appendix B, the political
386     subdivision may not require:
387          (A) a subdivision of structures built in accordance with the International Residential
388     Code to have a fire flow rate that is greater than 2000 gallons per minute;
389          (B) an individual structure built in accordance with the International Residential Code
390     to have a fire flow rate [greater than that required under Subsection 15A-5-203(1)(a)] that is
391     greater than 2000 gallons per minute; or
392          (C) a one- or two-family dwelling or a town home to have a fire sprinkler system,
393     except in accordance with Section 15A-5-203.
394          [(d) A legislative body of a political subdivision that enacts an ordinance under
395     Subsection (7)(a) shall:]
396          [(i) notify the board in writing at least 30 days before the day on which the legislative
397     body enacts the ordinance and include in the notice a statement as to the proposed subject

398     matter of the ordinance; and]
399          [(ii) after the legislative body enacts the ordinance, report to the board before the board
400     makes the report required under Subsection (7)(e), including providing the board:]
401          [(A) a copy of the ordinance enacted under this Subsection (7); and]
402          [(B) a description of the public safety need that is the basis of enacting the ordinance.]
403          [(e)] (d) The board shall submit, in accordance with Section 68-3-14, to the Business
404     and Labor Interim Committee each year with the recommendations submitted in accordance
405     with Subsection (4)[: (i) a list of the ordinances enacted under this Subsection (7) during the
406     fiscal year immediately preceding the report; and (ii)], recommendations, if any, for legislative
407     action related to an ordinance enacted under this Subsection (7).
408          [(f) (i) The state fire marshal shall keep an indexed copy of an ordinance enacted under
409     this Subsection (7).]
410          [(ii) The state fire marshal shall make a copy of an ordinance enacted under this
411     Subsection (7) available on request.]
412          [(g) The board may make rules in accordance with Title 63G, Chapter 3, Utah
413     Administrative Rulemaking Act, to establish procedures for a legislative body of a political
414     subdivision to follow to provide the notice and report required under this Subsection (7).]
415          (8) Except as provided in Subsections (9), (10), and (11), or as expressly provided in
416     state law, a state executive branch entity may not, after December 1, 2016, adopt or enforce a
417     rule or requirement that:
418          (a) is more restrictive than the State Fire Code; and
419          (b) applies to detached one- and two-family dwellings and townhouses not more than
420     three stories above grade plane in height with a separate means of egress and their accessory
421     structures.
422          (9) A state government entity may adopt a rule or requirement regarding a residential
423     occupancy that is regulated by:
424          (a) the State Fire Prevention Board;
425          (b) the Department of Health; or
426          (c) the Department of Human Services.
427          (10) A state executive branch entity or political subdivision of the state may:
428          (a) enforce a federal law or regulation;

429          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
430     requirement applies only to a facility or construction owned or used by a state entity or a
431     political subdivision of the state; or
432          (c) enforce a rule, ordinance, or requirement:
433          (i) that the state executive branch entity or political subdivision adopted or made
434     effective before July 1, 2015; and
435          (ii) for which the state executive branch entity or political subdivision can demonstrate,
436     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
437     individual from a condition likely to cause imminent injury or death.
438          (11) The Department of Health or the Department of Environmental Quality may
439     enforce a rule or requirement adopted before January 1, 2015.
440          Section 4. Section 15A-2-103 is amended to read:
441          15A-2-103. Specific editions adopted of construction code of a nationally
442     recognized code authority.
443          (1) Subject to the other provisions of this part, the following construction codes are
444     incorporated by reference, and together with the amendments specified in Chapter 3, Statewide
445     Amendments Incorporated as Part of State Construction Code, and Chapter 4, Local
446     Amendments Incorporated as Part of State Construction Code, are the construction standards to
447     be applied to building construction, alteration, remodeling, and repair, and in the regulation of
448     building construction, alteration, remodeling, and repair in the state:
449          (a) the 2018 edition of the International Building Code, including [Appendix]
450     Appendices C and J, issued by the International Code Council;
451          (b) the 2015 edition of the International Residential Code, issued by the International
452     Code Council;
453          (c) Appendix Q of the 2018 edition of the International Residential Code, issued by the
454     International Code Council;
455          (d) the 2018 edition of the International Plumbing Code, issued by the International
456     Code Council;
457          (e) the 2018 edition of the International Mechanical Code, issued by the International
458     Code Council;
459          (f) the 2018 edition of the International Fuel Gas Code, issued by the International

460     Code Council;
461          (g) the [2017] 2020 edition of the National Electrical Code, issued by the National Fire
462     Protection Association;
463          (h) the residential provisions of the 2015 edition of the International Energy
464     Conservation Code, issued by the International Code Council;
465          (i) the commercial provisions of the 2018 edition of the International Energy
466     Conservation Code, issued by the International Code Council;
467          (j) the 2018 edition of the International Existing Building Code, issued by the
468     International Code Council;
469          (k) subject to Subsection 15A-2-104(2), the HUD Code;
470          (l) subject to Subsection 15A-2-104(1), Appendix E of the 2015 edition of the
471     International Residential Code, issued by the International Code Council;
472          (m) subject to Subsection 15A-2-104(1), the 2005 edition of the NFPA 225 Model
473     Manufactured Home Installation Standard, issued by the National Fire Protection Association;
474          (n) subject to Subsection (3), for standards and guidelines pertaining to plaster on a
475     historic property, as defined in Section 9-8-302, the U.S. Department of the Interior Secretary's
476     Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; and
477          (o) the residential provisions of the 2018 edition of the International Swimming Pool
478     and Spa Code, issued by the International Code Council.
479          (2) Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire
480     Control, the Legislature adopts the 2006 edition of the Utah Wildland Urban Interface Code,
481     issued by the International Code Council, with the alternatives or amendments approved by the
482     Utah Division of Forestry, as a construction code that may be adopted by a local compliance
483     agency by local ordinance or other similar action as a local amendment to the codes listed in
484     this section.
485          (3) The standards and guidelines described in Subsection (1)(n) apply only if:
486          (a) the owner of the historic property receives a government tax subsidy based on the
487     property's status as a historic property;
488          (b) the historic property is wholly or partially funded by public money; or
489          (c) the historic property is owned by a government entity.
490          Section 5. Section 15A-3-113 is amended to read:

491          15A-3-113. Amendments to Chapters 32 through 35 of IBC.
492          (1) In IBC, Chapter 35, the referenced standard for NFPA 70-17 is deleted and replaced
493     with NFPA 70-20.
494          (2) In IBC, Chapter 35, the referenced standard ICCA117.1-09, Section 606.2,
495     Exception 1 is modified to include the following sentence at the end of the exception:
496          "The minimum clear floor space shall be centered on the sink assembly."
497          Section 6. Section 15A-3-202 is amended to read:
498          15A-3-202. Amendments to Chapters 1 through 5 of IRC.
499          (1) In IRC, Section R102, a new Section R102.7.2 is added as follows: "R102.7.2
500     Physical change for bedroom window egress. A structure whose egress window in an existing
501     bedroom is smaller than required by this code, and that complied with the construction code in
502     effect at the time that the bedroom was finished, is not required to undergo a physical change to
503     conform to this code if the change would compromise the structural integrity of the structure or
504     could not be completed in accordance with other applicable requirements of this code,
505     including setback and window well requirements."
506          (2) In IRC, Section R108.3, the following sentence is added at the end of the section:
507     "The building official shall not request proprietary information."
508          (3) In IRC, Section 109:
509          (a) A new IRC, Section 109.1.5, is added as follows: "R109.1.5 Weather-resistant
510     exterior wall envelope inspections. An inspection shall be made of the weather-resistant
511     exterior wall envelope as required by Section R703.1 and flashings as required by Section
512     R703.8 to prevent water from entering the weather-resistive barrier."
513          (b) The remaining sections are renumbered as follows: R109.1.6 Other inspections;
514     R109.1.6.1 Fire- and smoke-resistance-rated construction inspection; R109.1.6.2 Reinforced
515     masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection;
516     and R109.1.7 Final inspection.
517          (4) IRC, Section R114.1, is deleted and replaced with the following: "R114.1 Notice to
518     owner. Upon notice from the building official that work on any building or structure is being
519     prosecuted contrary to the provisions of this code or other pertinent laws or ordinances or in an
520     unsafe and dangerous manner, such work shall be immediately stopped. The stop work order
521     shall be in writing and shall be given to the owner of the property involved, or to the owner's

522     agent or to the person doing the work; and shall state the conditions under which work will be
523     permitted to resume."
524          (5) In IRC, Section R202, the following definition is added: "CERTIFIED
525     BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to
526     test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction
527     under Utah Code, Subsection 19-4-104(4)."
528          (6) In IRC, Section R202, the definition of "Cross Connection" is deleted and replaced
529     with the following: "CROSS CONNECTION. Any physical connection or potential
530     connection or arrangement between two otherwise separate piping systems, one of which
531     contains potable water and the other either water of unknown or questionable safety or steam,
532     gas, or chemical, whereby there exists the possibility for flow from one system to the other,
533     with the direction of flow depending on the pressure differential between the two systems (see
534     "Backflow, Water Distribution")."
535          (7) In IRC, Section 202, the following definition is added: "ENERGY STORAGE
536     SYSTEM (ESS). One or more devices, assembled together, that are capable of storing energy
537     for supplying electrical energy at a future time."
538          [(7)] (8) In IRC, Section 202, in the definition for gray water a comma is inserted after
539     the word "washers"; the word "and" is deleted; and the following is added to the end: "and
540     clear water wastes which have a pH of 6.0 to 9.0; are non-flammable; non-combustible;
541     without objectionable odors; non-highly pigmented; and will not interfere with the operation of
542     the sewer treatment facility."
543          [(8)] (9) In IRC, Section R202, the definition of "Potable Water" is deleted and
544     replaced with the following: "POTABLE WATER. Water free from impurities present in
545     amounts sufficient to cause disease or harmful physiological effects and conforming to the
546     Utah Code, Title 19, Chapter 4, Safe Drinking Water Act, and Title 19, Chapter 5, Water
547     Quality Act, and the regulations of the public health authority having jurisdiction."
548          [(9)] (10) IRC, Figure R301.2(5), is deleted and replaced with R301.2(5) as follows:
549     
"TABLE R301.2(5)
550     
GROUND SNOW LOADS FOR SELECTED LOCATIONS IN UTAH
551      City/TownCountyGround Snow Load (lb/ft2)Elevation (ft)
552      BeaverBeaver355886
553      Brigham CityBox Elder424423
554      Castle DaleEmery325669
555      CoalvilleSummit575581
556      DuchesneDuchesne395508
557      FarmingtonDavis354318
558      FillmoreMillard305138
559      Heber CityWasatch605604
560      JunctionPiute276030
561      KanabKane254964
562      LoaWayne377060
563      LoganCache434531
564      ManilaDaggett266368
565      MantiSanpete375620
566      MoabGrand214029
567      MonticelloSan Juan677064
568      MorganMorgan525062
569      NephiJuab395131
570      OgdenWeber374334
571      PanguitchGarfield416630
572      ParowanIron326007
573      PriceCarbon315558
574      ProvoUtah314541
575      RandolphRich506286
576      RichfieldSevier275338
577      St. GeorgeWashington212585
578      Salt Lake CitySalt Lake284239
579      TooeleTooele355029
580      VernalUintah395384
581      Note: To convert lb/ft2 to kN/m2, multiply by 0.0479. To convert feet to meters, multiply
by 0.3048.
1. Statutory requirements of the Authority Having Jurisdiction are not included in this state
ground snow load table.
2. For locations where there is substantial change in altitude over the city/town, the load
applies at and below the cited elevation, with a tolerance of 100 ft (30 m).
3. For other locations in Utah, see Bean, B., Maguire, M., Sun, Y. (2018), "The Utah Snow
Load Study," Utah State University Civil and Environmental Engineering Faculty
Publications, Paper 3589, http://utahsnowload.usu.edu/, for ground snow load values.
582          [(10)] (11) IRC, Section R301.6, is deleted and replaced with the following: "R301.6
583     Utah Snow Loads. The snow loads specified in Table R301.2(5b) shall be used for the
584     jurisdictions identified in that table. Otherwise, for other locations in Utah, see Bean, B.,
585     Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and
586     Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for
587     ground snow load values."
588          [(11)] (12) In IRC, Section R302.2, the following sentence is added after the second
589     sentence: "When an access/maintenance agreement or easement is in place, plumbing,
590     mechanical ducting, schedule 40 steel gas pipe, and electric service conductors including
591     feeders, are permitted to penetrate the common wall at grade, above grade, or below grade."
592          [(12)] (13) In IRC, Section R302.5.1, the words "self-closing device" are deleted and
593     replaced with "self-latching hardware."
594          [(13)] (14) IRC, Section R302.13, is deleted.
595          [(14)] (15) In IRC, Section R303.4, the number "5" is changed to "3" in the first
596     sentence.
597          [(15)] (16) IRC, Sections R311.7.4 through R311.7.5.3, are deleted and replaced with
598     the following: "R311.7.4 Stair treads and risers. R311.7.5.1 Riser height. The maximum riser
599     height shall be 8 inches (203 mm). The riser shall be measured vertically between leading
600     edges of the adjacent treads. The greatest riser height within any flight of stairs shall not
601     exceed the smallest by more than 3/8 inch (9.5 mm).
602     R311.7.5.2 Tread depth. The minimum tread depth shall be 9 inches (228 mm). The tread

603     depth shall be measured horizontally between the vertical planes of the foremost projection of
604     adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within
605     any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder
606     treads shall have a minimum tread depth of 10 inches (254 mm) measured as above at a point
607     12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a
608     minimum tread depth of 6 inches (152 mm) at any point. Within any flight of stairs, the
609     greatest winder tread depth at the 12-inch (305 mm) walk line shall not exceed the smallest by
610     more than 3/8 inch (9.5 mm).
611     R311.7.5.3 Profile. The radius of curvature at the leading edge of the tread shall be no greater
612     than 9/16 inch (14.3 mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4
613     inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection
614     shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two
615     stories, including the nosing at the level of floors and landings. Beveling of nosing shall not
616     exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading
617     edge of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open
618     risers are permitted, provided that the opening between treads does not permit the passage of a
619     4-inch diameter (102 mm) sphere.
620     Exceptions.
621     1. A nosing is not required where the tread depth is a minimum of 10 inches (254 mm).
622     2. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches
623     (762 mm) or less."
624          [(16)] (17) IRC, Section R312.2, is deleted.
625          [(17)] (18) IRC, Sections R313.1 through R313.2.1, are deleted and replaced with the
626     following: "R313.1 Design and installation. When installed, automatic residential fire
627     sprinkler systems for townhouses or one- and two-family dwellings shall be designed and
628     installed in accordance with Section P2904 or NFPA 13D."
629          [(18)] (19) In IRC, Section 315.3, the following words are added to the first sentence
630     after the word "installed": "on each level of the dwelling unit and."
631          [(19)] (20) In IRC, Section R315.5, a new exception, 3, is added as follows:
632     "3. Hard wiring of carbon monoxide alarms in existing areas shall not be required where the
633     alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing

634     the structure, unless there is an attic, crawl space or basement available which could provide
635     access for hard wiring, without the removal of interior finishes."
636          [(20)] (21) A new IRC, Section R315.7, is added as follows: " R315.7 Interconnection.
637     Where more than one carbon monoxide alarm is required to be installed within an individual
638     dwelling unit in accordance with Section R315.1, the alarm devices shall be interconnected in
639     such a manner that the actuation of one alarm will activate all of the alarms in the individual
640     unit. Physical interconnection of smoke alarms shall not be required where listed wireless
641     alarms are installed and all alarms sound upon activation of one alarm.
642     Exception: Interconnection of carbon monoxide alarms in existing areas shall not be required
643     where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing
644     the structure, unless there is an attic, crawl space or basement available which could provide
645     access for interconnection without the removal of interior finishes."
646          [(21)] (22) In IRC, Section R317.1.5, the period is deleted and the following language
647     is added to the end of the paragraph: "or treated with a moisture resistant coating."
648          [(22)] (23) In IRC, Section 326.1, the words "residential provisions of the" are added
649     after the words "pools and spas shall comply with".
650          (24) In IRC, Section R327.1 is deleted and replaced with the following: "327.1
651     General. Energy storage systems (ESS) shall comply with the provisions of this section.
652     Exceptions:
653     1. ESS listed and labeled in accordance with UL 9540 and marked "For use in residential
654     dwelling units", where installed in accordance with the manufacturer's instruction and NFPA
655     70.
656     2. ESS less than 1kWh (3.6 megajoules)."
657          (25) In IRC, Section R327.2 is deleted and replaced with the following: "327.2
658     Equipment listings. ESS shall be listed and labeled in accordance with UL 9540.
659     Exception: Where approved, repurposed unlisted battery systems from electric vehicle are
660     allowed to be installed outdoors or in detached sheds located not less than 5 feet (1524 mm)
661     from exterior walls, property lines and public ways."
662          (26) In IRC, Section R327.3 is deleted and replaced with the following: "327.3
663     Installation. ESS shall be installed in accordance with the manufacturer's instructions and their
664     listing."

665          (27) In IRC, Section R327, a new section 327.3.1 is added as follows: "327.3.1
666     Spacing. Individual units shall be separate from each other by not less than three feet (914 mm)
667     except where smaller separation distances are documented to be adequate based on large-scale
668     fire testing complying with Section 1206.2.3 of the adopted International Fire Code."
669          (28) In IRC, Section 327.4 is deleted and replaced with the following: "327.4
670     Locations. ESS shall be installed only in the following locations:
671          1. Detached garages and detached accessory structures.
672          2. Attached garages separated from the dwelling unit living space in accordance with
673     Section R302.6.
674          3. Outdoors or on the exterior side of exterior walls located not less than 3 feet (914
675     mm) from doors and windows directly entering the dwelling unit.
676          4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
677     with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished
678     wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X
679     gypsum wallboard.
680          ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into
681     sleeping rooms."
682          (29) In IRC, Section 327.5 is deleted and replaced with the following: "327.5 Energy
683     ratings. Individual ESS units shall have a maximum rating of 20 kWh. The aggregate rating of
684     the ESS shall not exceed:
685          1. 40 kWh within utility closets, basements, and storage or utility spaces.
686          2. 80 kWh in attached or detached garages and detached accessory structures.
687          3. 80 kWh on exterior walls.
688          4. 80 kWh outdoors on the ground.
689          ESS installations exceeding the permitted individual or aggregate ratings shall be
690     installed in accordance with Sections 1206.2.1 through 1206.2.12 of the adopted International
691     Fire Code."
692          (30) In IRC, Section 327.6 is deleted and replaced with the following: "327.6 Electrical
693     installation. ESS shall be installed in accordance with NFPA 70. Inverters shall be listed and
694     labeled in accordance with UL 1741 or provided as part of the UL 9540 listing. Systems
695     connected to the utility grid shall use inverters listed for utility interaction."

696          (31) In IRC, Section 327, a new section 327.7 is added as follows: "327.7 Fire
697     detection. Rooms and areas within dwelling units, basements, and attached garages in which
698     ESS are installed shall be protected by smoke alarms in accordance with Section R314. A heat
699     detector, listed and interconnected to the smoke alarms, shall be installed in locations within
700     dwelling units and attached garages where smoke alarms cannot be installed based on their
701     listing."
702          (32) In IRC, Section 327, a new section 327.8 is added as follows: "327.8 Protection
703     from impact. ESS installed in a location subject to vehicle damage shall be protected by
704     approved barriers."
705          (33) In IRC, Section 327, a new section 327.9 is added as follows: "327.9 Ventilation.
706     Indoor installations of ESS that include batteries that produce hydrogen or other flammable
707     gasses during charging shall be provided with mechanical ventilation in accordance with
708     Section M1307.4."
709          (34) In IRC, Section 327, a new section 327.10 is added as follows: "327.10 Electric
710     vehicle use. The temporary use of an owner or occupant's electric-powered vehicle to power a
711     dwelling unit while parked in an attached or detached garage or outdoors shall comply with the
712     vehicle manufacturer's instructions and NFPA 70."
713          (35) In IRC, Section 327, a new section 327.11 is added as follows: "327.11 Signage.
714     A sign located on the exterior of the dwelling shall be installed at a location approved by the
715     authority having jurisdiction which identifies the battery chemistry included in the ESS. This
716     sign shall be of sufficient durability to withstand the environment involved and shall not be
717     handwritten."
718          [(23)] (36) In IRC, Section R403.1.6, a new Exception 3 is added as follows: " 3.
719     When anchor bolt spacing does not exceed 32 inches (813 mm) apart, anchor bolts may be
720     placed with a minimum of two bolts per plate section located not less than 4 inches (102 mm)
721     from each end of each plate section at interior bearing walls, interior braced wall lines, and at
722     all exterior walls."
723          [(24)] (37) In IRC, Section R403.1.6.1, a new exception is added at the end of Item 2
724     and Item 3 as follows: "Exception: When anchor bolt spacing does not exceed 32 inches (816
725     mm) apart, anchor bolts may be placed with a minimum of two bolts per plate section located
726     not less than 4 inches (102 mm) from each end of each plate section at interior bearing walls,

727     interior braced wall lines, and at all exterior walls."
728          [(25)] (38) In IRC, Section R404.1, a new exception is added as follows: "Exception:
729     As an alternative to complying with Sections R404.1 through R404.1.5.3, concrete and
730     masonry foundation walls may be designed in accordance with IBC Sections 1807.1.5 and
731     1807.1.6 as amended in Section 1807.1.6.4 and Table 1807.1.6.4 under these rules."
732          [(26)] (39) In IRC, Section R405.1, a new exception is added as follows: "Exception:
733     When a geotechnical report has been provided for the property, a drainage system is not
734     required unless the drainage system is required as a condition of the geotechnical report. The
735     geological report shall make a recommendation regarding a drainage system."
736          Section 7. Section 15A-3-206 is amended to read:
737          15A-3-206. Amendments to Chapters 37, 39, and 44 and Appendix F of IRC.
738          (1) In IRC, Section E3705.4.5, the following words are added after the word
739     "assemblies": "with ungrounded conductors 10 AWG and smaller".
740          (2) In IRC, Section E3901.4.5, the last sentence in the exception is deleted and
741     replaced with the following: "Receptacles mounted below the countertop in accordance with
742     this exception shall not be located more than 14 inches from the bottom leading edge of the
743     countertop."
744          [(2)] (3) In IRC, Section E3901.9, the following exception is added:
745     "Exception: Receptacles or other outlets adjacent to the exterior walls of the garage, outlets
746     adjacent to an exterior wall of the garage, or outlets in a storage room with entry from the
747     garage may be connected to the garage branch circuit."
748          [(3)] (4) IRC, Section E3902.16 is deleted.
749          [(4)] (5) In Section E3902.17:
750          (a) following the word "Exception" the number "1." is added; and
751          (b) at the end of the section, the following sentences are added:
752     "2. This section does not apply for a simple move or an extension of a branch circuit or an
753     outlet which does not significantly increase the existing electrical load. This exception does
754     not include changes involving remodeling or additions to a residence."
755          [(5)] (6) IRC, Chapter 44, is amended by adding the following reference standard:
756      "Standard reference
number
TitleReferenced in code
section number
757      USC-FCCCHR 10th
Edition Manual of
Cross Connection
Control
Foundation for Cross-Connection Control
and Hydraulic Research University of
Southern California Kaprielian Hall 300
Los Angeles CA 90089-2531
Table P2902.3"
758          (7) In IRC, Chapter 44, is amended by adding the following reference standard: "UL
759     9540-20: Energy storage Systems and Equipment; R327.1, R327.2 and R327.6."
760          [(6)] (8) (a) When passive radon controls or portions thereof are voluntarily installed,
761     the voluntary installation shall comply with Appendix F of the IRC.
762          (b) An additional inspection of a voluntary installation described in Subsection [(6)]
763     (8)(a) is not required.
764          Section 8. Section 15A-3-601 is amended to read:
765          15A-3-601. General provisions.
766          The following are adopted as amendments to the NEC to be applicable statewide:
767          (1) The IRC provisions are adopted as the residential electrical standards applicable to
768     residential installations under the IRC. All other installations shall comply with the adopted
769     NEC.
770          [(2) In NEC, Section 210.8(B), the words "and three phase receptacles rated 150 volts
771     to ground or less, 100 amperes or less" are deleted.]
772          (2) In NEC, Section 210.8(A), the words "through 250-volt" are deleted.
773          (3) In NEC, Section 210.8(A)(5), the word "Basements" is deleted and replaced with
774     "Unfinished portions or areas of the basement not intended as habitable rooms."
775          (4) In NEC, Section 210.8(F), is deleted.
776          [(3)] (5) NEC, Section [210.71] 210.65, is deleted.
777          [(4) In NEC, Section 240.67, the words "January 1, 2020" are deleted and replaced
778     with "upon adoption of the 2020 NEC".]
779          (6) In NEC, Section 230.67, is deleted.
780          (7) In NEC, Section 314.27(C), is deleted and replaced with the following: "314.27(C)
781     Boxes at Ceiling-Suspended (Paddle) Fan Outlets. Outlet boxes or outlet box systems used as
782     the sole support of a ceiling-suspended (paddle) fan shall be listed, shall be marked by their
783     manufacturer as suitable for this purpose, and shall not support ceiling-suspended (paddle) fans
784     that weigh more than 32 kg (70 lb). For outlet boxes or outlet box systems designed to support

785     ceiling-suspended (paddle) fans that weigh more than 16 kg (35 lb), the required marking shall
786     include the maximum weight to be supported."
787          (8) In NEC, Section 406.9(C), is deleted and replaced with the following: "406.9(C)
788     Bathtub and Shower Space. Receptacles shall not be installed within or directly over a bathtub
789     or shower stall."
790          Section 9. Effective date.
791          This bill takes effect on July 1, 2021.